in Writing to Read Democracy in New York State & The United States 
Activity 3
Created by Prof. Seth Halvorson & Dr. Erica Kaufman 
Bard College Institute for Writing & Thinking
NYS Common Core Grades 11 & 12: 
United States History and Government Participation in Government and Civics
This document-based sequence of activities invites students to chart the dialog between the New York State Courts, the Federal Courts, and other State Courts regarding the scope of individual rights. Generally speaking, New York State Courts are more protective of individual rights than Federal Courts and more so than other State Courts as well. The central question is: How have the New York State Courts understood the scope of individual rights?
Developed by psychologist Elliot Aronson, the “jigsaw” is a collaborative learning technique easily adaptable for students of all ages and levels. Students are organized into groups and given specific tasks so that each student is integral to the success (or understanding) of the entire class. What follows is a modification of the “jigsaw” that aims to foster critical reading and questioning across a range of different (and contrasting) primary documents that address New York State Shield Law and freedom of expression.
This unit plan meets the following guidelines of New York State’s Common Core Social Studies Framework (2017):
- Social and Economic Change/Domestic Issues: 11.10b
 - Foundations of American Democracy: 12.G1d, 12.G1e
 - Civil Rights and Civil Liberties: 12.G2a, 12.G2b, 12.G2c, 12.G2d, 12.G2f
 
Lesson Overview PDF
IWT’s Core Writing (& Reading) Practices PDF
Document Packet PDF
Case Law Jigsaw Instructions & Activity PDF
Case 1: Shield Law Documents PDF
The Historical Society’s website contains a wealth of related resources related to this unit.
Hon. Victoria A. Graffeo 
Court of Appeals Judge 
Wrote the majority opinion of Holmes v. Winter
Hon. Jonathan Lippman 
Court of Appeals Chief Judge 
Concurred with majority opinion
Hon. Sheila Abdus-Salaam 
Court of Appeals Judge 
Concurred with majority opinion
Hon. Jenny Rivera 
Court of Appeals Judge 
Concurred with majority opinion
Hon. Robert S. Smith 
Court of Appeals Judge 
Dissented and affirmed in separate opinion
Hon. Eugene F. Pigott, Jr.  
Court of Appeals Judge 
Dissented and concurred with Judge Smith’s opinion
Hon. Susan Phillips Read 
Court of Appeals Judge 
Dissented and affirmed for the reasons described in the Appellate Division’s opinion (110 AD3d 134)
Image Citation: Library of Congress, Prints & Photographs Division, Farm Security Administration/Office of War Information Black-and-White Negatives, LC-USW3-033817-C.
Writing to Read Democracy: Written Conversations & Dialectical Notebooks
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Writing to Read Democracy: Document-Based Essay in Miniature 
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