WHO WE ARE• Discovering Justice was founded in 1998 with the

support of the federal judiciary at Boston’s John Joseph Moakley U.S. Courthouse and the Boston Bar Foundation.

• Discovering Justice is a civic and justice education nonprofit organization housed in the Moakley Federal Courthouse in Boston.

WHAT WE DO• We offer innovative in-school, afterschool, and

courthouse programs that teach elementary and middle school students about the justice system, the role of law in a democratic society, and the fundamental importance of good citizenship.

• Our mission is to prepare young people to value the justice system, realize the power of their own voices, and embrace civic responsibility by connecting classrooms and courtrooms.

Overview• Tours of John Joseph Moakley U.S.

Federal Courthouse • Ages 10+• Tuesday – Friday between 9:00

am – 4:00 pm• 1 hour

Courthouse Tours afford the public opportunities to learn about the court system and the history, art,

and architecture of this magnificent building from volunteer docents.

The tours welcome people into the courthouse and demonstrate how

these buildings are centers of education and civic life. The

program demystifies the justice system and shows visitors that courthouses truly belong to the

public.

• Literacy-based civic education curriculum

• 12-16 weeks in grades K-5

• Minimum 16 weeks in grade 6

• Grades 7 & 8 to come• DJ provides teaching

guide, informational texts, historical fiction, and a field trip

• Frameworks aligned with Common Core and Massachusetts History and Social Science Frameworks

Overview• In this 11-week afterschool

experiential legal program, middle school students become trial lawyers.

• Students work with volunteer attorneys to prepare cases that tackle age-appropriate legal issues.

• At the end of the program, students try cases in real courtrooms before actual judges and juries made up of community members.

Goals• To introduce students to the U.S.

Justice System and conflict resolution

• To develop students’ critical thinking skills

• To develop students’ public speaking skills

Overview• In this 11-week afterschool

experiential legal program, middle school students are transformed into appellate lawyers.

• Working with a team of volunteer attorneys, students delve into the Bill of Rights and explore how constitutional protections apply in public schools.

• At the end of the program students argue their cases in real courtrooms before Appellate Panels made up of judges and senior attorneys.

Overview• Tour and mock appellate

argument• Grades 6, 7, and 8• Tuesday – Friday mornings• 90 minutes

Discovering the Bill of Rights draws middle school students into the midst

of the judicial process. In a real courtroom, students learn about the

Bill of Rights and U.S. Supreme Court cases, then develop and

present an appellate argument based on a landmark Supreme Court case before a lawyer presiding as judge.

This activity can be done with one teacher, but it is preferable to have two adults co-

facilitating the activity. One adult will assume the role of facilitator and the other the judge. If

you know any lawyers or judges, this activity would be a great way to engage them with your

class.

Materials Needed • Student Booklets • Robe for judge • Teacher and volunteer script

Teacher Preparation • Teacher should review the provided script, the Bill of

Rights, and the appeal process. • Teacher should also setup classroom to look like a

courtroom.

1. A simulation activity introduces students to the facts of their case and provides the foundation for a general review of the Bill of Rights and a close reading of the First Amendment.

Case DescriptionsLAYSCHOCK v. HERMITAGE SCHOOL

DISTRICT

Justin Layshock, a 17 year- old senior, created an offensive fake MySpace page for his high school principal, Eric Trosch and then showed it to his classmates and allowed them to access it. When principal Trosch learned about this page, he questioned Justin, who admitted to creating it and apologized to Trosch. Justin was suspended for ten days, placed in an alternative education program, and prevented from participating in all extracurricular activities including his graduation ceremony for violating the School District’s discipline code. Alleging that his First Amendment rights had been violated, Justin (through his parents) filed suit in federal district court and continued to argue the case when it was appealed to the U.S. Court of Appeals for the Third Circuit.

KOWALSKI v. BERKELEY COUNTY SCHOOL DISTRICT

Kara Kowalski, a senior in high school, made a MySpace page dedicated to ridiculing a fellow student using offensive language and pictures. She invited classmates to post comments on it and respond to content posted on the webpage. When the parents of the targeted student learned of the Myspace page, they filed a harassment complaint with the school. Kara was suspended for five days, given a 90 day social suspension and prevented from participating in some school activities for creating a “hate website,” in violation of the school policy against “harassment, bullying, and intimidation.” Alleging that the School District violated her First Amendment rights, Kara filed suit in federal district court and then appealed her case to the U.S. Court of Appeals for the Fourth Circuit.

Both cases focus on the 1st Amendment, student speech and social media.

2. Small group work encourages students to collaborate in the development of arguments that support their client’s position.

Your turn! In small groups read the facts of the case and use the

guiding questions to help develop strong arguments to

support your client, either the school district or the student.

3. Presentation of arguments by the lead attorney from each small group follows a brief lesson in courtroom procedures. A teacher or other volunteer presides over the arguments and ask questions designed to help students clarify their thinking and encourage debate.

Your turn! Choose one person to present your

group’s best argument. Be prepared for questions from

the presiding judge.

4. Class discussion, led by the teacher or volunteer, follows the oral arguments to explain the outcomes of the cases and emphasize how the issues are relevant to students today.

If you have a volunteer attorney or judge participating in this activity, the class

discussion is a great opportunity to have him/her answer questions about being a lawyer, law school and the courts etc.

Learning Goals

BY PARTICIPATING IN THIS PROGRAM, STUDENTS WILL:

• Identify important rights protected under the Fourth Amendment;

• Learn the facts of a U.S. Supreme Court case based on those rights;

• Apply the Fourth Amendment to the facts of the case;

• Understand that the challenge of implementing the Bill of Rights is finding the balance between the rights of the individual and the needs of government; and

• Make connections between the Bill of Rights and their own experiences.

Teacher Testimony

• When asked why they bring their students, teachers commented: – “It is an amazing experience to

see the students engage in actual [constitutional] rights arguments.”

– “To give them perspective on how a courtroom functions and to hear first hand experiences from people in the law profession.”

– “It is a great connection to our unit on the US legal system for my 8th grade civics class.”

Teacher Testimony • When asked if they saw a

change in their students after participating in DBR, teachers said:– “They love it and have a better

understanding of how the Bill of Rights effects their everyday lives.”

– “Students are more aware of the process when discussing cases that apply to different areas of law.”

– “I saw greater appreciation for the content taught in class.”

Student Testimony • When asked what they

enjoyed about participating in DBR, students said:– “It was cool learning about

the courthouse and saying what I think about the case!”

– “It was interesting to see the court in action, especially when you are arguing your side. ”

– “It was fun to experience something new and get a look at how the court system works.”

Contact Us!

• Ann Gogol, Associate Director, agogol@discoveringjustice.org

• Marieljane (MJ) Bastien, Legal Programs Associate, mjbastien@discovering.org

Prepare young people to value the justice system, realize the power of their own voices, and embrace civic responsibility

by connecting classrooms and courtrooms.