How Can I Effectively Integrate The Nuances Of The Citizens United V. FEC (2010) Supreme Court Decision Into A Lesson Plan On Campaign Finance Reform, In A Way That Encourages Critical Thinking And Nuanced Discussion Among My 11th-grade Students, While Also Acknowledging The Complexities Of The Decision's Impact On The 2020 Presidential Election And Subsequent Calls For Reform?

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Integrating the nuances of the Citizens United v. FEC (2010) Supreme Court decision into a lesson plan on campaign finance reform is a great way to encourage critical thinking and nuanced discussion among your students. Below is a structured approach to crafting such a lesson plan, including activities and discussion prompts that acknowledge the complexities of the decision and its impact on the 2020 presidential election and subsequent calls for reform.

Lesson Plan: Understanding Citizens United v. FEC and Its Impact on Campaign Finance Reform

Objective:

  • Students will understand the key rulings and implications of Citizens United v. FEC.
  • Students will critically analyze the impact of the decision on campaign finance, particularly in the context of the 2020 presidential election.
  • Students will evaluate arguments for and against the decision and propose potential reforms.
  • Students will engage in nuanced discussions about the role of money in politics and the balance between free speech and fair elections.

1. Introduction to Citizens United v. FEC (10-15 minutes)

Activity:

  • Background Lecture/Video:
    • Provide a brief overview of the case, including:
      • The legal question: Is it constitutional to restrict corporations and unions from spending money on election communications?
      • The Supreme Court's 5-4 decision: Corporations and unions have a First Amendment right to spend unlimited amounts of money on independent political expenditures (e.g., ads, PACs).
      • The majority opinion (Justice Anthony Kennedy) and dissent (Justice John Paul Stevens).
    • Show a short video or infographic summarizing the case (e.g., from Khan Academy, Crash Course, or the ACLU).

Discussion Prompt:

  • What does the phrase "money is speech" mean in the context of this ruling? Do you agree or disagree with this interpretation? Why?

2. The Impact of Citizens United on Campaign Finance (20-25 minutes)

Activity:

  • Case Study: The 2020 Presidential Election:
    • Present data and examples of how Citizens United influenced the 2020 election, such as:
      • The rise of super PACs and dark money groups.
      • Record-breaking spending by candidates and outside groups.
      • The role of corporations and wealthy donors in shaping campaign messaging.
    • Use charts, graphs, or articles from reputable sources (e.g., OpenSecrets, FEC reports, or The New York Times) to illustrate the scale of spending.

Discussion Prompts:

  • How does the influx of money from corporations and wealthy donors impact voter perceptions and election outcomes?
  • Do you think Citizens United has made elections more or less democratic? Why?
  • How does the decision affect smaller donors or candidates without access to significant financial resources?

3. Arguments For and Against Citizens United (20-25 minutes)

Activity:

  • Debate Preparation:
    • Divide students into small groups and assign each group a position on the decision:
      • Group 1: Support Citizens United (e.g., free speech protections, increased political engagement).
      • Group 2: Oppose Citizens United (e.g., undue influence of corporations, undermining democracy).
    • Provide primary sources, such as excerpts from the majority and dissenting opinions, as well as modern arguments from organizations like the ACLU, Move to Amend, or the Brennan Center for Justice.

Structured Debate:

  • Hold a formal or informal debate where groups present their arguments.
  • Encourage students to use evidence from the case, its aftermath, and the 2020 election to support their positions.

Discussion Prompt:

  • Is there a middle ground in this debate? What reforms could balance free speech and fair elections?

4. Calls for Reform and Potential Solutions (20-25 minutes)

Activity:

  • Reform Proposals:
    • Introduce students to current and historical calls for campaign finance reform, such as:
      • The For the People Act (H.R. 1/S. 1).
      • Constitutional amendments to overturn Citizens United (e.g., Move to Amend).
      • Disclosure requirements for dark money groups.
      • Public financing of elections.
    • Ask students to brainstorm and propose their own reforms.

Discussion Prompt:

  • What are the challenges to implementing campaign finance reform? How can these challenges be overcome?

5. Reflection and Civic Engagement (10-15 minutes)

Activity:

  • Reflective Writing:
    • Ask students to write a short reflection (1-2 paragraphs) on the following question:
      • Do you think the influence of money in politics is compatible with the principles of democracy? Why or why not?
    • Encourage students to connect their reflections to the Citizens United decision and the 2020 election.

Civic Engagement Exercise:

  • Provide students with a template for writing a letter to their elected representatives about campaign finance reform.
  • Discuss the importance of civic engagement in shaping policy and encourage students to take action on issues they care about.

Assessment:

  • Participation in Discussions and Debate: Observe students' ability to articulate their positions, use evidence, and engage respectfully with opposing views.
  • Reflective Writing: Evaluate students' understanding of the decision and its implications, as well as their ability to think critically about campaign finance reform.
  • Letter to Elected Representatives: Assess students' ability to advocate for their position and propose actionable solutions.

Extension Activities:

  1. Simulation Activity:
    • Simulate a congressional hearing on campaign finance reform. Students can play the roles of lawmakers, activists, and experts.
  2. Research Project:
    • Assign students to research and present on a specific aspect of campaign finance reform, such as the history of campaign finance laws, the role of the FEC, or the impact of dark money on local elections.
  3. Public Service Announcement:
    • Ask students to create a PSA advocating for or against a specific campaign finance reform proposal. They can present their PSAs to the class or share them online.

By integrating the Citizens United decision into your lesson plan, you can help students develop a deeper understanding of campaign finance reform, its complexities, and its impact on democracy. Encourage students to think critically about the role of money in politics and to consider multiple perspectives as they evaluate the need for reform.