Lesson Plans

Fourth Amendment Search and Seizure Lesson Plan From the American Constitution Society Grades 9-12

Overview: The purpose of this exercise is for students to come away better informed about the Bill of Rights and, more generally, about the American legal and justice systems.

Lesson Duration: Two class sessions

Learning Objectives:

• Understand the of the importance of the Bill of Rights, specifically the Fourth Amendment • Identify the protections provided by the Fourth Amendment • Compare and contrast the competing interests of the State and the individual citizen • Understand the role of the courts in protecting these Fourth Amendment freedoms • Consider challenges to the application of the Fourth Amendment with newer technology like cell phones and social media

Additional Resources:

• Handouts/Texts: Fourth Amendment of the United States Constitution • The Supreme Court and Case Law

Lesson Activities Class Session 1:

• Allow students time to read the text of the Fourth Amendment • Divide students into groups and have each group explore one of the following questions: -Who is and who is not a “state actor?” -What types of searches are prohibited? -What is an “unreasonable seizure?” -What is “probable cause?” -What is the “exclusionary rule?” -What is a “reasonable expectation of privacy?”

Class Session 2:

• Bring your students together and review the below cases and statements • Give the background of the process which lead to the court challenge • Review the rulings of the various courts • Discuss the incident and decision with your class -New Jersey v. T.L.O. (1985) -Vernonia School District 47J v. Acton (1995) -Safford v. Redding (2009) -Robbins v. Lower Merion School District (2010)

Culminating Activity:

• Have students write a short (1-2 page) reflection on the Fourth Amendment protections and student privacy

Debating the Privacy Line From Commonsense.org Grades 9-12

Overview: Often, the more information we have, the better decisions we’re able to make. The power of data can benefit both individuals and governments. But who can be trusted with the responsibility of having all this data? Can governments collect and use it fairly and without violating our privacy? Help students think through this question and become thoughtful influencers of data policy and practice.

Lesson Duration: Two class sessions

Learning Objectives:

• Identify the pros and cons of schools having access to students’ social media • Describe the concerns related to government access to social media and cellphone data, including those related to free speech and privacy • Choose a position for or against government access to social media and cellphone data, and support that position with reasons and examples

Additional Resources:

• PBS NewsHour: “Can Police Use Cellphone Location Data without a Warrant? Supreme Court Ruling Could Have Wide Impact” • Theconversation.com: “How Governments Use Big Data to Violate Human Rights” • Glenn Grunwald: “Why Privacy Matters” (first 8 minutes) • PBS NewsHour: “Schools are Watching Student’s Social Media, Raising Questions About Free Speech”

Lesson Activities Day 1:

• Students choose two of the first three resources listed above • Students will watch and read these resources, answering the reasons why: -The government should have access to all your social media and cellphone data -The government should not have access to all your social media and cellphone data • Students will watch the final resource about schools monitoring student’s social media • Students will complete a short response on the question: Should the government—and schools—be able to access your social media and cellphone information? If so, under what circumstances?

Day 2:

• Using their written responses, have students debate the question regarding government and school access to our social media and cellphone data