Lesson Plan: Fayette v. Take Two Context of the unit

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5-10 Minutes

10-15 Minutes

30-40 Minutes

20-30 Minutes

20 Minutes

Pass out lesson packet (see attached packet).

Discuss the “Mock Case Brief”.

Show the 60 Minutes story related to the “Mock Case Brief”. In this instance it is a story about a controversial video game titled “Grand Theft Auto”. Teacher’s can pick and choose other case and media.

Discuss Decision Writing Guidelines.

Facilitate small group (3 to 4 students) sharing and voting. Rules include: 1) The majority in the small group determines the one vote cast by the group. 2) The majority must write a minimum of two rationales for their decision. 3) The minority must write at least one rationale for the dissenting vote(s).

Record group votes, discuss implications, Supreme Court procedures and possible constitutional responses (new legislation, amendment process).

At this point students use prior lessons, or a quick web search to fill in the top of their “Decision Writing Template”.
Students read brief quietly and then participate in class discussion about facts of the case, and relevant Constitutional questions.

Students take notes on their “Justice’s Notes Template” as they watch and then debrief the video.

Students write a draft of their decision in class to be used for small group share the next class session. (9 small groups = 9 Justices

Students share their draft opinions, discuss, debate, vote, and then write brief rationales for their votes (based on their written drafts).


Expand selection of relevant Bill of Rights cases, adapt activity to other Amendments, find other media sources and current events that can be made into simulated cases.

Students can research and find related cases that have been addressed in the California court system. Students can speculate about future cases involving trends in social networking and texting.

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