FURst Amendment: Grade 8 Students Argue Free Expression in Mock Trial

In history teacher Bud Kohler’s classroom on the second floor of Whitson was a trial, but a different type of trial: a fictional one. The key players on both sides were all eighth-graders as the class examined the limits of the First Amendment in a mock trial exercise.

 

“The mock trial is a hands-on learning project that teaches students about their legal rights and responsibilities,” said Mr. Kohler. “It's a true battle of wits, challenging the students' perspective of freedom of expression and their understanding of due process.”

 

In a back-and-forth court procedure with Mr. Kohler serving as the judge, the mock trial focused on the case of Fabulous Furs, a high-end store that specializes in fur coats, and its owner Eli Koats. The store has become popular among customers; however, a new resident, Anna Mulright, has staged a protest outside the store as she is a strong supporter of PEPA, People for the Protection of Animals. Anna and some of her followers decided to link arms together to form a human chain across the storefront. With the protest, Mr. Koats argued that he had lost business sales and filed a complaint seeking a temporary restraining order.  

 

The students were presented with the key questions of whether the protest exceeds the expected guidelines for allowing a demonstration and whether the organizer is responsible for the actions of other protestors - as the gathering perhaps gets out of hand. Other sub issues of the case include the questions of whether Anna should be responsible for other protestors if they break the law, did the protestors block the store entrance, and are the witnesses credible? 

 

To prepare for the trial, students were asked to write an opening statement essay as if they were an attorney handling the case. Each student was assigned a specific role, and the trial took place over a three-day class period. However, in a surprise twist, Mr. Kohler included some additional information that did not appear in the initial police report, which changed the line of questioning directed at the witnesses. According to Mr. Kohler, the outcome is based on how well the lawyers handle their witnesses with the extra information possibly tipping the scale if it's uncovered. 

 

In addition to students in Mr. Kohler’s class, fellow history teacher David Sokoloff and his students were also participating in the mock trial exercise. Mr. Kohler noted that the mock trial provided a chance for students to not only learn more about the legal system but also enhance their public speaking and critical skills.