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Category: Bill of Rights in the NewsView More Lessons from this Category
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10.20.08 - Election Issues 2008
Synopsis: With the general election two weeks away, this eLesson focuses on Bill of Rights issues raised by the election: How much power do state governments have over their own elections? Do voters have the right to wear campaign clothing or buttons to the polls? Does a regulation that public school teachers show “complete neutrality” towards candidates while on duty infringe on their First Amendment rights, or does it fairly protect the rights of students, who are a captive audience in the classroom?

Resources and Discussion Questions

  • Federal Judge won't stop Ga. voter citizenship checks
    http://ap.google.com/article/ALeqM5goXdqiHHk8p0cqXGZHuUAqEI205gD93RSV0O2

    1. What Georgia voting requirement did voting rights groups challenge in federal court, and why?

      A voting rights groups asked a federal judge to stop Georgia from asking new voters to prove their identities and citizenship. The groups say that the checks, which involve matching voting applications with driver's license and Social Security data, amount to a "systematic purging" of rolls just weeks before the Nov. 4 election. They also argue that demands for proof of citizenship are an intimidation tactic.

    2. How did the federal court rule, and what was the reasoning for the decision?

      The Court refused to stop the identification requirements, explaining that without them, "local registrars will have no practical means of identifying which registrants are not citizens, and the mere possibility of fraudulent voting could damage the public's respect for the electoral process."

    3. Do you agree with the federal court’s ruling? Explain.

      Accept well-reasoned answers.

  • Va. officials ban campaign clothing at polls
    http://ap.google.com/article/ALeqM5hKuPrQtlu__S6BS6BzBLbBec3_VwD93QE8S00

    1. What types of apparel did the Virginia state Board of Elections ban at polling places?

      The State Board of Elections voted to ban clothing and hats as well as buttons and other paraphernalia that directly advocate the election or defeat of a specific candidate or issue.

    2. What reasons did the Board give for the ban?

      The Board said it has to weigh the free speech rights of voters against the right to vote free of undue influence or the tension that candidate advocacy might create.

    3. Do you believe this ban infringes on the First Amendment rights of citizens?

      Accept well-reasoned answers.

  • Teachers Sue Over Right to Politic
    http://www.nytimes.com/2008/10/11/nyregion/11button.html

  • Judge Says No to Teachers’ Campaign Buttons, but Yes to Certain Politicking
    http://www.nytimes.com/2008/10/18/nyregion/18button.html

    1. What events led up to the New York City teacher’s union filing of a federal lawsuit last week?

      On Sept. 23, the president of the teacher’s union— which has endorsed Senator Barack Obama— sent an email to union leaders at each city school, advising them how to distribute campaign materials on Obama’s behalf. Department of Education officials contacted the union, directing them to enforce the longstanding regulation requiring that school staff members show “complete neutrality” while on duty. The policy also prohibits teachers from using school property to promote a candidate.

      The union states that the principal of Community School 134 in the Bronx removed an Obama poster that a teacher placed on the union bulletin board, and that a teacher at another school who wore political buttons was warned against it.

    2. Why does the president of the teacher’s union oppose this regulation?

      She said that the decades old policy has rarely been enforced, and that teachers have routinely worn political buttons as recently as this year’s presidential primaries. She says she had watched teachers “balance their obligations as professionals and their responsibilities as citizens.”

    3. How did a federal judge rule on this case last Friday?

      A federal judge on Friday upheld New York City’s policy prohibiting public school teachers from wearing political buttons in the classroom, but said the teachers could place campaign material into colleagues’ mailboxes and hang posters on bulletin boards maintained by their union, as long as they were in areas off-limits to students.

    4. Do you think public school teachers should:

      A. be required to speak and act neutrally toward political candidates while they are on duty?

      B. be allowed to use school property to endorse a candidate?

      C. Why or why not?

      Accept well-reasoned answers.

Extensions

Have students complete a fun and interactive flash elections activity:

John McCain, Barack Obama, and the Powers of the President
http://www.billofrightsinstitute.org/today

Students can find additional activities and readings at our student Web site:
http://www.DoYouHavetheRight.org

Complete lesson plans can be found here:
http://www.billofrightsinstitute.org/election

Last Edited On 10/20/2008 11:32:00 AM