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30 minutes
  • Constitution
  • 6-12
  • College/University

  1. In advance, review the case study and background.
  2. Pass out copies of the case study and have students discuss it in small groups. Tell the groups they should attempt to come to a consensus about which position they will take.
  3. Ask the groups to share out their choice and reasoning.Use the questions below to guide discussions.

  • Copies of the case study handout (download), one per student

  • What First Amendment right is at issue in this case?
  • Why might the Confederate battle flag be considered offensive?
  • Who might object to Jacqueline’s evening gown?
  • Jacqueline attended a predominantly white school. Would it make a difference if the school were more diverse?
  • If someone at your school wanted to wear a Confederate-themed dress to prom, what do you think would happen?
  • What if the gown had foreign flags, political slogans, a gay pride rainbow, or a Nazi swastika on it? Would your answer change for any of these symbols? Why or why not?
  • Should words or actions ever be banned? When/under what conditions?


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