Benchmark Benchmark Clarification Content Focus Term Cognitive Complexity 2.5 BC 2 Independent judiciary H BC 3 Precedent TThe scenario below describes an event during World War I. This question requires student to consider a contemporary scenario in order to examine rationales for limiting the First Amendment --------------------------- guarantee of a free press. A Socialist Party member distributed pamphlets stating: Socialist Party says that…officers of the A correct response will indicate the student’s understanding the “The law violate the States Constitution, the Amendment does not permit speech that is harmful or … …United Supreme Law of the Land, when they refuse to threatening and that the US Supreme Court would uphold that recognize your right to assert your opposition to the precedent in their ruling on this case. draft.” The Socialist Party member was arrested and convicted for distributing these pamphlets. The Socialist Party member appealed his arrest and conviction to the U.S. Supreme Court which upheld the government’s actions. --------------------------- What long term precedent was established by this U.S. Supreme Court decision? A.* First Amendment rights are protected but not unlimited. Correct While the First Amendment protects the right to – freedom of speech and freedom of expression, speech that is harmful or threatening is not protected. Therefore, the U.S. Supreme Court established the precedent that published material that is harmful to the government is not protected by the First Amendment. B. Tenth Amendment rights are protected but not unlimited. Incorrect The Tenth Amendment grants reserved powers to – the states; that is, any power that is not specifically granted to the federal government by the constitution is automatically reserved (set aside) for the states. C. Selective service is constitutional. Incorrect This particular scenario does not explore the – constitutionality of selective service but rather publishing materials related to selective service. D. Party membership is unconstitutional. Incorrect This particular scenario does not explore the – constitutionality of party membership but publishing materials related to the selective service.
Benchmark Benchmark Clarification Content Focus Term Cognitive Complexity 2.5 BC 2 BC 3 Independent judiciary Precedent H TThe scenario below describes an event during World War I. --------------------------- A Socialist Party member distributed pamphlets stating: “The Socialist Party says that…officers of the law … violate the …United States Constitution, the Supreme Law of the Land, when they refuse to recognize your right to assert your opposition to the draft.” The Socialist Party member was arrested and convicted for distributing these pamphlets. The Socialist Party member appealed his arrest and conviction to the U.S. Supreme Court which upheld the government’s actions. --------------------------- What long term precedent was established by this U.S. Supreme Court decision? This question requires student to consider a contemporary scenario in order to examine rationales for limiting the First Amendment guarantee of a free press. A correct response will indicate the student’s understanding the Amendment does not permit speech that is harmful or threatening and that the US Supreme Court would uphold that precedent in their ruling on this case. A.* First Amendment rights are protected but not unlimited. Correct – While the First Amendment protects the right to freedom of speech and freedom of expression, speech that is harmful or threatening is not protected. Therefore, the U.S. Supreme Court established the precedent that published material that is harmful to the government is not protected by the First Amendment. B. Tenth Amendment rights are protected but not unlimited. Incorrect – The Tenth Amendment grants reserved powers to the states; that is, any power that is not specifically granted to the federal government by the constitution is automatically reserved (set aside) for the states. C. Selective service is constitutional. Incorrect – This particular scenario does not explore the constitutionality of selective service but rather publishing materials related to selective service. D. Party membership is unconstitutional. Incorrect – This particular scenario does not explore the constitutionality of party membership but publishing materials related to the selective service.
2-5_BC2_BC3_H.docx