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Lesson Plan
Boys Scouts Discrimination Case
Right to Associate v. Right to Equality
Purpose
The purpose of this lesson plan is to understand the conflict that arises between equality and a person's freedom to associate with whom they wish.
Grade
9-12
Objectives
Students should be able to:
* Understand why the Supreme Court held that the First Amendment
right to free speech includes the right to expressive association.
* Understand that the rights of two parties may be mutually exclusive
and that the Supreme Court has to draw a line between the two parties'
rights.
* Understand the complexity of the underlying issues and identify
the arguments on both sides of the issue by participating in activities
related to the topic.
Materials
* Text of the First Amendment: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
Activities
1. Teacher should give a comprehensive lecture on the First Amendment and the right to expressive association.
2. The Dale case should be used to focus on the issue of civil rights vs. rights to expressive association. The teacher should moderate a discussion concerning discrimination and what it means to be discriminated against. The teacher should then incorporate the right to associate and what it means to choose who you want to spend your time with.
3. Teacher should discuss various groups of people who share a common political, social, economic, educational, religious, and cultural goal.
4. Have the students identify such groups and discuss which ones might wish to exclude people who materially interfere with their ability to work toward those goals.
5. Problem: The Boy Scouts may exclude homosexuals because the presence of homosexuals in the group would materially interfere with the group's goals. Suppose some students form a group called "Students United Against Racism." Doug, a recovering Nazi skinhead who has since seen the error of his ways and wants to work against racism now, wants to join the group. Although Doug has changed his ways, the shaven head and racist tattoos remain. The group typically does not exclude people who want to become members, and they appreciate that Doug has come around to seeing things their way. However, they are not sure that his tattoos and shaven head will sit well with their group's message, and they want to keep him out of the group. Discuss Doug's argument that he should not be excluded because he, in fact, agrees with the group's viewpoint, and for the group to exclude Doug because of his appearance would be exactly what the group purports to be against. Then, discuss the group's argument that Doug's presence would materially interfere with its ability to fight racism. (Imagine the yearbook picture and what someone who does not know about Doug might think about the group.) Who should win if Doug sues to force the group to let him join?
