W.11-12.9: Drawing Evidence from American Literature and Seminal U.S. Texts
In plain English: W.11-12.9 is the Common Core ELA standard that asks students in grades 11 and 12 to draw evidence from literary or informational texts to support analysis, reflection and research. In writing, they apply the grade 11-12 Reading standards, for example comparing how foundational American works of one period treat a theme, or evaluating the legal reasoning in a Supreme Court opinion and dissent.
Draw evidence from literary or informational texts to support analysis, reflection, and research.
a.Apply grades 11—12 Reading standards to literature (e.g., "Demonstrate knowledge of eighteenth-, nineteenth- and early-twentieth-century foundational works of American literature, including how two or more texts from the same period treat similar themes or topics").
b.Apply grades 11—12 Reading standards to literary nonfiction (e.g., "Delineate and evaluate the reasoning in seminal U.S. texts, including the application of constitutional principles and use of legal reasoning [e.g., in U.S. Supreme Court Case majority opinions and dissents] and the premises, purposes, and arguments in works of public advocacy [e.g., The Federalist, presidential addresses]").
Common Core State Standards for English Language Arts & Literacy · Domain: Writing Standards · Cluster: Research to Build and Present Knowledge · Official standard
Students write analysis supported by strong and thorough evidence from two kinds of American texts. For literature, they compare the endings of Sarah Orne Jewett's "A White Heron" (1886) and Mary E. Wilkins's "A New England Nun" (1887; collected in 1891), two New England stories in which a woman turns down a man's offer to keep a private world, and they write about how the two authors treat that theme differently and where each leaves the question open. For literary nonfiction, they delineate and evaluate the majority opinion and Justice Holmes's dissent in Abrams v. United States (1919), a seminal free-speech case.
The lesson applies RL.11-12.9 and RL.11-12.1 (standard a) and RI.11-12.8 (standard b) in writing. Students climb a thesis ladder, argue both sides of the case in a structured academic controversy, research the case's context, repair a weak draft, and for homework add an 1890 Dickinson poem to the comparison and evaluate Madison's argument in The Federalist No. 51.
Learning Objectives
By the end of this lesson, students will be able to:
Support written analysis with strong and thorough textual evidence, including where a text leaves matters uncertain
Compare how two or more foundational American works from the same period treat a similar theme
Delineate the legal reasoning of a Supreme Court majority opinion and dissent: question, rule, application and principle
Evaluate the premises, reasoning and use of constitutional principles in seminal U.S. texts
Use research on historical context to inform a written reflection without replacing evaluation
Prior Knowledge Required
Students should already be comfortable with:
Drawing evidence from texts in grades 9-10 writing W.9-10.9
Citing textual evidence to support analysis RL.11-12.1
Writing arguments with claims and counterclaims W.11-12.1
Basic knowledge of the First Amendment and the three branches of government, from U.S. history or civics
"Is it ever wise to turn down something good (money, a marriage, a move to a bigger world) to keep something you already have? Write two sentences, then name one thing that would make you unsure of your answer."
Take a few answers and write the "unsure" reasons on the board; they are the seed of today's writing skill. Then set up Text 1. In Sarah Orne Jewett's "A White Heron" (1886), nine-year-old Sylvia lives with her grandmother on a poor farm in the woods. A young ornithologist, who shoots and stuffs birds for his collection, offers ten dollars to anyone who can show him the rare white heron's nest. At dawn Sylvia climbs a great pine and sees where the heron lives. Read the ending aloud and ask: What does Sylvia decide, and what does the narrator think of her choice?
1“Sylvy, Sylvy!” called the busy old grandmother again and again, but nobody answered, and the small husk bed was empty, and Sylvia had disappeared.
2The guest waked from a dream, and remembering his day’s pleasure hurried to dress himself that it might sooner begin. He was sure from the way the shy little girl looked once or twice yesterday that she had at least seen the white heron, and now she must really be persuaded to tell. Here she comes now, paler than ever, and her worn old frock is torn and tattered, and smeared with pine pitch. The grandmother and the sportsman stand in the door together and question her, and the splendid moment has come to speak of the dead hemlock-tree by the green marsh.
3But Sylvia does not speak after all, though the old grandmother fretfully rebukes her, and the young man’s kind appealing eyes are looking straight in her own. He can make them rich with money; he has promised it, and they are poor now. He is so well worth making happy, and he waits to hear the story she can tell.
4No, she must keep silence! What is it that suddenly forbids her and makes her dumb? Has she been nine years growing, and now, when the great world for the first time puts out a hand to her, must she thrust it aside for a bird’s sake? The murmur of the pine’s green branches is in her ears, she remembers how the white heron came flying through the golden air and how they watched the sea and the morning together, and Sylvia cannot speak; she cannot tell the heron’s secret and give its life away.
5Dear loyalty, that suffered a sharp pang as the guest went away disappointed later in the day, that could have served and followed him and loved him as a dog loves! Many a night Sylvia heard the echo of his whistle haunting the pasture path as she came home with the loitering cow. She forgot even her sorrow at the sharp report of his gun and the piteous sight of thrushes and sparrows dropping silent to the ground, their songs hushed and their pretty feathers stained and wet with blood. Were the birds better friends than their hunter might have been,—who can tell? Whatever treasures were lost to her, woodlands and summer-time, remember! Bring your gifts and graces and tell your secrets to this lonely country child!
Sarah Orne Jewett, A White Heron, the ending (the last five paragraphs of the story) (Text 1) (1886; this edition 1925). Public domain (published 1925). Source text.
Direct Instruction20 minutes
W.11-12.9 asks students to draw evidence from literary or informational texts to support analysis, reflection and research, applying the grade 11-12 Reading standards. For literature (standard a), the example is RL.11-12.9: showing knowledge of foundational American works of the eighteenth, nineteenth and early twentieth centuries, including how two or more texts from the same period treat similar themes. The evidence itself must meet RL.11-12.1: strong and thorough textual evidence, including determining where the text leaves matters uncertain.
Now read Text 2. In Mary E. Wilkins's "A New England Nun" (1891), Louisa Ellis has waited fourteen years while her fiancé, Joe Dagget, made his fortune in Australia. Over those years she has built a quiet, exact life: her sewing, her caged canary, and an old dog named Caesar, kept chained for fourteen years because he once bit a neighbor. Joe wants to let the dog loose. The night before this passage, Louisa overheard Joe and a young woman, Lily Dyer, admit they love each other, although Joe means to keep his promise to Louisa.
A comparative paragraph at this level does more than list likenesses. It states a thesis about both texts, supports each point with quotations from both, explains a difference as well as a similarity, and says honestly where a text refuses to settle a question. Diagram 1 shows one way to build it.
1She never mentioned Lily Dyer. She simply said that while she had no cause of complaint against him, she had lived so long in one way that she shrank from making a change.
2"Well, I never shrank, Louisa," said Dagget. "I'm going to be honest enough to say that I think maybe it's better this way; but if you'd wanted to keep on, I'd have stuck to you till my dying day. I hope you know that."
3"Yes, I do," said she.
4That night she and Joe parted more tenderly than they had done for a long time. Standing in the door, holding each other's hands, a last great wave of regretful memory swept over them.
5"Well, this ain't the way we've thought it was all going to end, is it, Louisa?" said Joe.
6She shook her head. There was a little quiver on her placid face.
7"You let me know if there's ever anything I can do for you," said he. "I ain't ever going to forget you, Louisa." Then he kissed her, and went down the path.
8Louisa, all alone by herself that night, wept a little, she hardly knew why; but the next morning, on waking, she felt like a queen who, after fearing lest her domain be wrested away from her, sees it firmly insured in her possession.
9Now the tall weeds and grasses might cluster around Cæsar's little hermit hut, the snow might fall on its roof year in and year out, but he never would go on a rampage through the unguarded village. Now the little canary might turn itself into a peaceful yellow ball night after night, and have no need to wake and flutter with wild terror against its bars. Louisa could sew linen seams, and distil roses, and dust and polish and fold away in lavender, as long as she listed. That afternoon she sat with her needle-work at the window, and felt fairly steeped in peace. Lily Dyer, tall and erect and blooming, went past; but she felt no qualm. If Louisa Ellis had sold her birthright she did not know it, the taste of the pottage was so delicious, and had been her sole satisfaction for so long. Serenity and placid narrowness had become to her as the birthright itself. She gazed ahead through a long reach of future days strung together like pearls in a rosary, every one like the others, and all smooth and flawless and innocent, and her heart went up in thankfulness. Outside was the fervid summer afternoon; the air was filled with the sounds of the busy harvest of men and birds and bees; there were halloos, metallic clatterings, sweet calls, and long hummings. Louisa sat, prayerfully numbering her days, like an uncloistered nun.
Mary E. Wilkins (later Mary E. Wilkins Freeman), A New England Nun, the ending (the last nine paragraphs of the story) (Text 2) (1891; this edition 1920). Public domain (published 1920). Source text.
A shared theme, shown with evidence from both texts
Jewett: Sylvia keeps silent because "she cannot tell the heron's secret and give its life away" (Text 1, paragraph 4). Freeman: Louisa "felt like a queen who, after fearing lest her domain be wrested away from her, sees it firmly insured in her possession" (Text 2, paragraph 8).
Result: Both heroines protect a small world of their own against a man who would change it. Written as a point: "In both endings a woman turns down a man's larger world to keep a smaller one that is hers." One quotation from each text makes the point thorough; one from only one text would not.
A difference in how the theme is treated
Jewett's narrator speaks directly to nature on Sylvia's behalf: "woodlands and summer-time, remember! Bring your gifts and graces" (Text 1, paragraph 5). Freeman's narrator describes Louisa's content in words that cut both ways: "Serenity and placid narrowness had become to her as the birthright itself" (Text 2, paragraph 9).
Result: Jewett takes Sylvia's side; Freeman keeps a cool distance, and "narrowness" is not a word of praise. The theme is the same, but the attitude toward it differs, and a strong comparison names that difference instead of stopping at the likeness.
Where the text leaves matters uncertain
Jewett asks whether the birds were "better friends than their hunter might have been" and answers, "who can tell?" (Text 1, paragraph 5). Freeman writes, "If Louisa Ellis had sold her birthright she did not know it" (Text 2, paragraph 9), an allusion to Esau, who sold his birthright for a bowl of pottage (stew) in Genesis 25.
Result: Both authors raise the possibility that the choice was a loss and then decline to answer. An essay should not pretend they answered. It can say so directly: "Jewett poses the question and leaves it open; Freeman's "if" does the same." The uncertainty becomes evidence about each author's purpose.
Text 5 is a model comparative paragraph. Have students label its thesis, the point of similarity, the point of difference, the sentence that acknowledges uncertainty, and the final sentence that says why the comparison matters.
1Jewett and Freeman both end their stories with a woman guarding a small, private world against a man who offers her a larger one, but the two writers judge that choice differently. Sylvia refuses because "she cannot tell the heron's secret and give its life away" (Text 1, paragraph 4), and Louisa, once free, feels "like a queen" whose domain is "firmly insured in her possession" (Text 2, paragraph 8). The similarity ends with the narrators. Jewett's narrator takes Sylvia's side and calls on nature to repay her: "woodlands and summer-time, remember! Bring your gifts and graces" (Text 1, paragraph 5). Freeman's narrator keeps a cool distance, and her final image, Louisa "prayerfully numbering her days, like an uncloistered nun" (Text 2, paragraph 9), makes the choice look devout and a little airless at once. Yet neither writer closes the question. Jewett admits, "Were the birds better friends than their hunter might have been,—who can tell?" (paragraph 5). Read together, the stories show two New England writers of the same decade weighing, and refusing to settle, what a woman's solitude is worth.
SVHS lesson authors, Text 5: A model comparative paragraph (written for this page; the quotations are from Texts 1 and 2). Original passage written for this page.
Guided Practice15 minutes
For literary nonfiction (standard b), the grade 11-12 example is RI.11-12.8: delineate and evaluate the reasoning in seminal U.S. texts, including the application of constitutional principles and the use of legal reasoning in Supreme Court majority opinions and dissents. Abrams v. United States (1919) is such a case. Five Russian-born defendants were convicted under the Espionage Act, as amended in 1918, for leaflets they printed and threw from a window in New York City in August 1918. The leaflets attacked the sending of U.S. troops into Russia and urged workers in ammunition factories to strike. The Court affirmed the convictions by a vote of 7 to 2. Earlier in the opinion, the majority says the First Amendment objection had already been answered in Schenck v. United States (1919), so the excerpts turn to the evidence of intent. Justice Holmes, who had written the Court's opinion in Schenck, dissented, joined by Justice Brandeis.
Terms to know: a verdict is the jury's decision; intent is what a person meant to bring about; surreptitious means secret. Read Text 3 (the majority) and then Text 4 (the dissent). Diagram 2 lays the two opinions side by side.
1[...] A question of law is thus presented, which calls for an examination of the record, not for the purpose of weighing conflicting testimony, but only to determine whether there was some evidence, competent and substantial, before the jury, fairly tending to sustain the verdict.
[...]
2It will not do to say, as is now argued, that the only intent of these defendants was to prevent injury to the Russian cause. Men must be held to have intended, and to be accountable for, the effects which their acts were likely to produce. Even if their primary purpose and intent was to aid the cause of the Russian Revolution, the plan of action which they adopted necessarily involved, before it could be realized, defeat of the war program of the United States, for the obvious effect of this appeal, if it should become effective, as they hoped it might, would be to persuade persons of character such as those whom they regarded themselves as addressing, not to aid government loans and not to work in ammunition factories, where their work would produce "bullets, bayonets, cannon" and other munitions of war, the use of which would cause the "murder" of Germans and Russians.
[...]
3These excerpts sufficiently show, that while the immediate occasion for this particular outbreak of lawlessness, on the part of the defendant alien anarchists, may have been resentment caused by our Government sending troops into Russia as a strategic operation against the Germans on the eastern battle front, yet the plain purpose of their propaganda was to excite, at the supreme crisis of the war, disaffection, sedition, riots, and, as they hoped, revolution, in this country for the purpose of embarrassing and if possible defeating the military plans of the Government in Europe. [...]
Justice John H. Clarke, for the Supreme Court of the United States, Abrams v. United States, 250 U.S. 616, opinion of the court (three passages), as printed in United States Reports, volume 250 (Text 3) (1919). Public domain (published 1919). Source text.
1But as against dangers peculiar to war, as against others, the principle of the right to free speech is always the same. It is only the present danger of immediate evil or an intent to bring it about that warrants Congress in setting a limit to the expression of opinion where private rights are not concerned. Congress certainly cannot forbid all effort to change the mind of the country. Now nobody can suppose that the surreptitious publishing of a silly leaflet by an unknown man, without more, would present any immediate danger that its opinions would hinder the success of the government arms or have any appreciable tendency to do so.
[...]
2Persecution for the expression of opinions seems to me perfectly logical. If you have no doubt of your premises or your power and want a certain result with all your heart you naturally express your wishes in law and sweep away all opposition. To allow opposition by speech seems to indicate that you think the speech impotent, as when a man says that he has squared the circle, or that you do not care whole-heartedly for the result, or that you doubt either your power or your premises. But when men have realized that time has upset many fighting faiths, they may come to believe even more than they believe the very foundations of their own conduct that the ultimate good desired is better reached by free trade in ideas—that the best test of truth is the power of the thought to get itself accepted in the competition of the market, and that truth is the only ground upon which their wishes safely can be carried out. That at any rate is the theory of our Constitution. It is an experiment, as all life is an experiment. Every year if not every day we have to wager our salvation upon some prophecy based upon imperfect knowledge. While that experiment is part of our system I think that we should be eternally vigilant against attempts to check the expression of opinions that we loathe and believe to be fraught with death, unless they so imminently threaten immediate interference with the lawful and pressing purposes of the law that an immediate check is required to save the country. [...]
Justice Oliver Wendell Holmes, joined by Justice Louis D. Brandeis, Supreme Court of the United States, Abrams v. United States, 250 U.S. 616, dissenting opinion (two passages), as printed in United States Reports, volume 250 (Text 4) (1919). Public domain (published 1919). Source text.
Delineating the majority's legal reasoning
The majority states a rule: "Men must be held to have intended, and to be accountable for, the effects which their acts were likely to produce" (Text 3, paragraph 2).
Result: Delineated: (1) people are presumed to intend the likely effects of their acts; (2) the likely effect of the leaflets was to keep workers from making munitions and buying war loans; (3) so the defendants intended to hinder the war, whatever their stated purpose. To evaluate, test the premise: how likely were those effects, and does "likely" say enough about a small, secret leaflet?
Delineating the constitutional principle in the dissent
Holmes argues that "the ultimate good desired is better reached by free trade in ideas," that "the best test of truth is the power of the thought to get itself accepted in the competition of the market," and he calls this "the theory of our Constitution" (Text 4, paragraph 2).
Result: Holmes reasons from the purpose of the First Amendment: speech is protected because open competition among ideas is the best test of truth. Evaluating it means naming the premise it rests on (truth tends to win when ideas compete freely) and asking whether the rest of his argument depends on it.
Pairs complete the comparison table below, with a short quotation in every cell. The quiz checks several rows, so leave them blank on the projected copy.
Majority and dissent in Abrams (pairs fill in the blank cells)
Question
Majority (Text 3)
Dissent (Text 4)
What question is the Court deciding?
How is intent proved?
How much danger must speech pose?
What role does the Constitution play in the reasoning?
How are the leaflets and their writers described?
Independent Practice20 minutes
Read Text 6, a weak first draft about Abrams. For each numbered sentence, students write the problem in a few words (for example: summary, judges tone instead of reasoning, dropped quotation, misrepresents a position, conclusion goes beyond the text, unsupported conclusion). Then they rewrite it as a paragraph of 150-200 words that evaluates the reasoning of both opinions with strong and thorough evidence and names one question the texts leave open.
The quiz uses Texts 1-6 (Warm-Up, Direct Instruction, Guided Practice and this phase). Paragraph numbers match the numbers beside each text.
1[1] Abrams v. United States was a Supreme Court case from 1919 about some leaflets. [2] The majority was right, because the leaflets were really offensive and said mean things about President Wilson. [3] Holmes says, "It is an experiment, as all life is an experiment." [4] Holmes believes people should be allowed to say anything at any time, even if their words cause immediate danger. [5] The majority says the defendants "must be held to have intended" the effects of their acts, which proves the defendants wanted Germany to win the war. [6] In the end, both opinions are equally convincing.
SVHS lesson authors, Text 6: A weak first draft about Texts 3 and 4 (written for this page; the student is invented; sentences are numbered in brackets for discussion). Original passage written for this page.
Closure5 minutes
Exit ticket: (1) Write one sentence that compares Texts 1 and 2 and one that evaluates either Text 3 or Text 4, each with a quotation. (2) Reflection: which was harder today, comparing two stories or weighing two legal arguments, and why?
Hand out the homework texts below: Emily Dickinson's poem from Poems (1890), published between the two story collections of 1886 and 1891 (Text 7), and two paragraphs of The Federalist No. 51 (Text 8).
Teacher notes: (1) Text 3 keeps the Court's own words, including "the defendant alien anarchists" and "this particular outbreak of lawlessness." Earlier in the opinion the Court reports that all five defendants were born in Russia and had not applied for naturalization, and that three of the four who testified called themselves "anarchists" (the fourth called himself a "socialist"). The label therefore rests partly on the record, but it applies one word to all five, and like "lawlessness" it is a characterization, not evidence; students can weigh such word choices when they evaluate the majority's reasoning. The omitted pages quote the leaflets at length, including their attacks on President Wilson, which this page leaves out. (2) The Supreme Court later moved closer to Holmes's view of speech; students who research this in Activity 3 should still evaluate each 1919 opinion on its own reasoning. (3) Jewett's young man is called "the guest," "the sportsman" and "their hunter" in Text 1; the change of names is worth noticing.
1The soul selects her own society, Then shuts the door; On her divine majority Obtrude no more.
5Unmoved, she notes the chariot's pausing At her low gate; Unmoved, an emperor is kneeling Upon her mat.
I've known her from an ample nation 10Choose one; Then close the valves of her attention Like stone.
Emily Dickinson, Exclusion ("The soul selects her own society"), poem XIII of the section "Life" in Poems, First Series (Text 7, homework) (1890). Public domain (published 1890). Source text.
1But the great security against a gradual concentration of the several powers in the same department, consists in giving to those who administer each department the necessary constitutional means, and personal motives, to resist encroachments of the others. The provision for defence must in this, as in all other cases, be made commensurate to the danger of attack. Ambition must be made to counteract ambition. The interest of the man must be connected with the constitutional rights of the place. It may be a reflection on human nature, that such devices should be necessary to control the abuses of Government. But what is Government itself, but the greatest of all reflections on human nature? If men were angels, no Government would be necessary. If angels were to govern men, neither external nor internal controls on Government would be necessary. In framing a Government which is to be administered by men over men, the great difficulty lies in this: you must first enable the Government to control the governed; and in the next place oblige it to control itself. A dependence on the People is, no doubt, the primary control on the Government; but experience has taught mankind the necessity of auxiliary precautions.
2This policy of supplying, by opposite and rival interests, the defect of better motives, might be traced through the whole system of human affairs, private as well as public. We see it particularly displayed in all the subordinate distributions of power; where the constant aim is, to divide and arrange the several offices in such a manner as that each may be a check on the other; that the private interest of every individual may be a sentinel over the public rights. These inventions of prudence cannot be less requisite in the distribution of the supreme powers of the State.
James Madison, writing as Publius, The Federalist No. 51 (numbered 50 in the Dawson edition), two consecutive paragraphs (Text 8, homework) (1788; this edition 1863). Public domain (published 1863). Source text.
Differentiation Strategies
For Struggling Students
Give a glossary: pottage (a thick stew), birthright (an inheritance owed to the eldest son), verdict, intent, surreptitious (secret), impotent (powerless)
Pre-mark the paragraphs of Texts 3 and 4 that state a rule, so students can find the reasoning before the rhetoric
Offer frames: "Both ___ and ___ show ___, but ___ treats it as ___ while ___ treats it as ___." and "The majority reasons that ___; Holmes answers that ___."
For Advanced Students
Read the full ending of "A New England Nun" from the scene Louisa overhears, and decide whether it changes your reading of Text 2
Read the rest of Holmes's dissent, including his view of the Sedition Act of 1798, and evaluate whether his historical argument supports his constitutional one
Add a fourth text from 1880-1900 on the same theme, from a library anthology of American literature, and revise your comparative thesis
Assessment Guidance
What to Look For
Strong comparative writing has a thesis that covers both texts, names a difference as well as a likeness, and supports every point with exact quotations from each text. Look for students who treat an author's open question as evidence of purpose instead of forcing an answer. In writing about Abrams, strong work states each opinion's question, rule and application accurately before judging it, names the constitutional principle each relies on, tests premises instead of reacting to tone, and keeps later history as context rather than as the verdict on the reasoning.
02
Classroom Activities
3 Activities
1
Thesis Ladder: From Topic to Comparative Claim
20 minGroups of 3
Groups climb a four-rung thesis ladder about Texts 1 and 2, then test their top rung against the texts by finding strong and thorough evidence for it and one place where a text leaves the matter uncertain.
The Four Rungs
Rung 1, topic: "Both stories are about women in New England."
Rung 2, observation: "Both women say no to a man."
Rung 3, claim: "Both women protect a private world against a man's larger one."
Rung 4, comparative thesis: a claim about how the two authors treat that theme differently, and why the difference matters.
Procedure
Explain in one sentence why each rung is stronger than the one below it
Write your own Rung 4 for the two endings; it must name a difference, not only a likeness
Find two quotations from each text that support your Rung 4, with paragraph numbers
Find one sentence in either text that leaves the question open, and revise your Rung 4 so it accounts for that sentence
What to Look For (for the teacher)
Rung 1 is a topic, Rung 2 a fact, and Rung 3 a claim that is still true of both texts in the same way. A good Rung 4 adds a difference, such as the narrators' attitudes, the ages and circumstances of the two heroines, or what each ending shows the heroine losing. Accept any Rung 4 that is arguable and supported by quotations from both texts. Strong groups revise the thesis after finding the open question instead of ignoring it.
Discussion Questions
Sylvia is nine and Louisa is middle-aged. Does the difference in age change how you judge the same choice?
Which text's narrator seems more certain about the choice? Point to the words that show it.
What do these two stories, first published in 1886 and 1887, suggest about the choices open to women in rural New England in the 1880s and 1890s?
Variation for Larger Classes
Post the four rungs on the wall. Each group writes its Rung 4 on a sticky note, and the class ranks the notes by how well each could be proved with evidence from both texts.
2
Structured Academic Controversy: Majority and Dissent
25 minGroups of 4 (two pairs)
In a structured academic controversy, one pair presents the majority's reasoning, the other pair presents the dissent's, the pairs switch sides, and then the group drops its roles to write a shared evaluation. The goal is to understand the strongest version of each argument before judging it.
Procedure
Pair A prepares the majority's case from Text 3 and Pair B the dissent's from Text 4: the question, the rule, how it applies, and two quotations (5 minutes)
Pair A presents for 3 minutes while Pair B takes notes; Pair B restates it to Pair A's satisfaction; then the pairs switch
Pairs switch sides and add one point the other pair missed
The group drops its roles and writes a shared paragraph evaluating which opinion's reasoning is stronger, with evidence from both texts and one unresolved question
Evaluation Questions
Legal reasoning: does each opinion's conclusion follow from its rule? Is either rule stated more precisely?
Constitutional principles: which opinion puts the First Amendment at the center, and which treats the case mainly as a question of evidence?
Premises: what does each opinion assume about how dangerous words are?
Language: where does word choice ("lawlessness," "silly") do work that evidence should do?
Sample Points (for the teacher)
For the majority: it treats intent as something a jury may infer from the likely effects of an act, a familiar rule in criminal law, and it reads the leaflets' call to ammunition workers as aimed at the war. For the dissent: it ties any limit on speech to its danger and to the speaker's real aim, and it grounds free speech in a theory of how truth is found. A strong shared paragraph grants each opinion its best point before judging, and it notices that each side's labels ("lawlessness," "silly") carry part of its argument.
3
Research and Reflection: The Case in Its Time
20 minPairs, then individual
Pairs research one piece of context for Abrams in authoritative sources, then each student writes a reflection on whether the context changes how the opinions' reasoning should be judged.
Research Questions (each pair takes one)
What did the 1918 amendment to the Espionage Act make a crime, and when was it repealed?
What test did Holmes state for the Court in Schenck v. United States earlier in 1919, and how does it compare with the language in Text 4?
What happened to the five defendants after the Court's decision?
How does the Supreme Court's later test for punishing speech that advocates law-breaking compare with Holmes's dissent?
Source Rules
Use at least one primary source (the text of the law or an opinion, for example from the Library of Congress or a university law library) and one reference work
Record author, title, publisher or site, and date for each source, and quote exactly
Note any disagreement between sources and how you resolved it
Reflection
Each student writes 120-150 words: Does knowing what came later make the majority's reasoning weaker, or only less popular? Use one quotation from Text 3 or Text 4 and one fact from your research, with citations.
03
Diagrams & Visual Aids
2 diagrams
Diagram 1: Building a Comparative Paragraph on Two Endings
One way to organize a comparative paragraph on Texts 1 and 2: a thesis that covers both texts, a point of likeness and a point of difference, each with evidence from both stories, the places where each text leaves the question open, and a closing sentence on why the comparison matters.
Diagram 2: How the Majority and the Dissent Reason in Abrams
The two opinions in Abrams v. United States laid out as legal reasoning: the question each one asks, the rule it applies, how it applies the rule, and where it ends. Students fill each box with a short quotation from Text 3 or Text 4.
04
Homework Assignment
~30 min
W.11-12.9 Homework: A Poem of the Same Period and a Founding Argument
Directions: Use Texts 7 and 8 in the Closure section of the lesson plan, along with Texts 1-4. Quote exactly, and cite Text 7 by line and the other texts by paragraph.
Part 1: A Third Text from the Same Period (Problems 1-2)
The poem in Text 7 was published in 1890, between the two story collections (1886 and 1891). Make a three-row chart for the poem: what the "soul" refuses, what she keeps, and what the poem leaves uncertain. Quote the lines for each row.
Write a comparative paragraph of 200-250 words on how Text 7 and one of the two stories (Text 1 or Text 2) treat the theme of a woman choosing her own world. Use at least two quotations from each text, explain one difference as well as the likeness, and include one sentence on something the texts leave uncertain.
Part 2: Delineate and Evaluate a Work of Public Advocacy (Problems 3-4)
Delineate Madison's argument in Text 8. State his premise about human nature, the constitutional principle he draws from it, and the purpose of that principle, quoting one phrase for each.
Evaluate Madison's reasoning. Is his conclusion valid if his premise is true? Is the premise one his readers in 1788 would have accepted, and would you? Then explain how the principle in Text 8 applies to Abrams: which branch of government is checking which, and does the majority or the dissent in Texts 3 and 4 take that check more seriously?
Part 3: Revise, Research and Reflect (Problems 5-6)
Revise this weak thesis so that it makes an arguable comparative claim about Texts 4 and 8, then support it with one quotation from each: "Madison talks about government and angels, and Holmes also talks about the Constitution, so they are similar."
Research: find out what the Supreme Court decided in Schenck v. United States (1919), using the opinion itself or another authoritative source. In three or four sentences with a citation, explain whether Holmes's dissent in Text 4 is consistent with his opinion in Schenck. Then write two sentences reflecting on why a judge might refine a position within a single year.
Rubric
Criterion
Full Credit (2 pts)
Partial Credit (1 pt)
No Credit (0 pts)
Strong and thorough evidence
Several exact, well-chosen quotations from each text, cited by line or paragraph, including where a text leaves matters uncertain
Accurate but thin evidence, or evidence from only one text in a comparison
Evidence misquoted, invented or missing
Comparison of texts from one period
A thesis that names a likeness and a difference and explains what the comparison shows
Likenesses listed with little analysis of difference
Texts summarized separately
Delineation and evaluation
Premise, principle and purpose stated accurately; validity and premises judged; the principle applied to Abrams
Argument restated but judged only in general terms
Agreement or disagreement without evaluation
Research and reflection
An authoritative source found, cited and connected to Text 4; the reflection is specific
Weak or loosely connected source; general reflection
No source or no reflection
05
Quiz: 20 Questions
Interactive, with answers
Instructions
The questions use Texts 1-6 in the lesson plan: Jewett (Warm-Up), Freeman and the model paragraph (Direct Instruction), the two opinions in Abrams (Guided Practice) and the weak draft (Independent Practice). Paragraph numbers match the numbers beside each text. Your score updates as you answer, and Reset quiz clears everything so you or your students can try again.
Multiple choice: pick an option to check it. Short answer: write your answer, then reveal the model answer.
0 of 20 answered · 0 correct
Question 1 of 20 · Multiple Choice
In Text 1, paragraph 3, what does Sylvia give up by keeping silent?
Answer: A
The narrator says, "He can make them rich with money; he has promised it, and they are poor now," and adds, "He is so well worth making happy." B and C invent offers the text never mentions. D misreads the young man, who kills and stuffs birds; the heron's life is exactly what Sylvia's silence protects.
Question 2 of 20 · Multiple Choice
In Text 1, paragraph 4, the narrator asks whether, "when the great world for the first time puts out a hand to her," Sylvia "must thrust it aside for a bird's sake." What does "the great world" most likely stand for?
Answer: B
"The great world" is set against "a bird's sake": it is everything the visitor brings from outside, including his money and his attention. A takes the phrase literally and confuses it with the view from the tree. C invents a plan the text never mentions. D reverses the contrast: the woods are what Sylvia chooses, not the world reaching for her.
Question 3 of 20 · Multiple Choice
Which detail in Text 1, paragraph 5, most complicates a reader's sympathy for the young man?
Answer: C
The falling songbirds, shot by his gun, remind the reader what the charming visitor does with birds, which is what Sylvia's silence prevents for the heron. A and B show Sylvia's feeling for him, so they make him more sympathetic, not less. D is a detail of her daily life that says nothing about him.
Question 4 of 20 · Multiple Choice
Which pair of quotations best supports the claim that both heroines keep something secret to protect what they value?
Answer: D
Sylvia decides to "keep silence" about the heron, and Louisa never tells Joe what she overheard about Lily Dyer. Each quotation shows a heroine withholding something. A and C describe actions around the secret, not the keeping of it. In B, the first quotation shows the man waiting for the secret and the second is Louisa's agreement with Joe, so neither shows a secret kept.
Question 5 of 20 · Multiple Choice
Why does Louisa, according to Text 2, paragraph 1, never mention Lily Dyer to Joe?
Answer: C
Louisa tells Joe only that "she had no cause of complaint against him" and that she "shrank from making a change." She gives a reason, but one that spares him. A is contradicted by the whole passage. B is wrong because she does give a reason. D has no support in Text 2.
Question 6 of 20 · Multiple Choice
In Text 2, paragraph 2, Joe answers, "Well, I never shrank, Louisa." What does his reply suggest?
Answer: D
Joe echoes her word "shrank" and says, "if you'd wanted to keep on, I'd have stuck to you till my dying day," but also, "I think maybe it's better this way." He is loyal and relieved at once. A contradicts "better this way." B contradicts "I ain't ever going to forget you." C is contradicted by his direct reply to her reason.
Question 7 of 20 · Multiple Choice
Text 2, paragraph 8, says Louisa "wept a little, she hardly knew why" before feeling "like a queen" the next morning. What does the weeping add to the ending?
Answer: A
"She hardly knew why" leaves the cause open: the tears hint at something lost, and the next sentence moves to relief. B overstates the evidence; the next morning she feels "like a queen." C contradicts the tender parting in paragraph 4. D has no support in the text.
Question 8 of 20 · Multiple Choice
Text 2, paragraph 9, ends: "Outside was the fervid summer afternoon; the air was filled with the sounds of the busy harvest of men and birds and bees." What effect does this sentence have?
Answer: B
The "busy harvest of men and birds and bees" is everything outside Louisa's window, set against her still, orderly room; it hints at what her choice leaves out. A has Louisa leave the room, which she does not. C has no support in the passage. D overstates: the sentence suggests a cost, but the same paragraph says "her heart went up in thankfulness."
Question 9 of 20 · Multiple Choice
According to Text 3, paragraph 1, what does the Court say it must decide?
Answer: D
The Court says it must determine "whether there was some evidence, competent and substantial, before the jury, fairly tending to sustain the verdict." A is exactly what it says it will not do: "not for the purpose of weighing conflicting testimony." B is not the question in this paragraph; the lesson notes that the majority treats the First Amendment objection as already answered. C appears nowhere in Text 3.
Question 10 of 20 · Multiple Choice
In Text 3, paragraph 3, how does the majority handle the defendants' anger at U.S. troops being sent to Russia?
Answer: A
The Court allows that "the immediate occasion" "may have been resentment caused by our Government sending troops into Russia," "yet the plain purpose of their propaganda was to excite" disaffection and revolution. It concedes the motive and then separates it from the purpose. B reverses the conclusion. C and D contradict the paragraph, which names the troops in Russia.
Question 11 of 20 · Multiple Choice
In Text 4, paragraph 1, what does Holmes say about free speech in wartime?
Answer: C
Holmes writes, "as against dangers peculiar to war, as against others, the principle of the right to free speech is always the same." War changes the dangers, not the principle. A and B contradict him. D invents a distinction that Text 4 does not make.
Question 12 of 20 · Multiple Choice
Why does Holmes mention "the surreptitious publishing of a silly leaflet by an unknown man" (Text 4, paragraph 1)?
Answer: B
He says nobody can suppose it "would present any immediate danger that its opinions would hinder the success of the government arms." He applies his rule to the facts and belittles the leaflet on purpose. A reverses his point. C and D are claims Text 4 does not make; Holmes does not dispute who wrote the leaflets.
Question 13 of 20 · Multiple Choice
In Text 6, what is the main problem with sentence [4]?
Answer: A
Holmes writes that "the present danger of immediate evil or an intent to bring it about" does warrant a limit (Text 4, paragraph 1), so "say anything at any time, even if their words cause immediate danger" is a position he rejects. B is wrong because sentence [4] has no quotation. C is wrong because the sentence names Holmes correctly. D is wrong: it makes a claim, a false one.
Question 14 of 20 · Multiple Choice
In Text 6, what is the main problem with sentence [5]?
Answer: C
The majority says the defendants' plan "necessarily involved" the "defeat of the war program of the United States," even if their "primary purpose" was to aid the Russian Revolution. Wanting Germany to win is the student's addition, a conclusion that goes beyond the text. A is wrong: the quotation is exact. B is wrong: the words are the majority's. D is wrong: sentence [5] gives no year, and the year in sentence [1], 1919, is correct.
Question 15 of 20 · Short Answer
Text 2, paragraph 9, says that Caesar "never would go on a rampage through the unguarded village" and that the canary need never "flutter with wild terror against its bars." Explain two ways to read these images, and quote the text for each.
Model answer: Read one way, the images show safety and peace: nothing will disturb the dog or the bird now that Joe, who wanted to set Caesar loose, is gone, and Louisa "felt fairly steeped in peace." Read another way, they show confinement: the dog stays chained in his "little hermit hut" and the canary stays behind "its bars," much as Louisa stays inside her narrow life. Freeman gives the reader both readings and does not choose between them. Rubric line: 2 points for two distinct readings, each with a quotation; 1 point for one reading; 0 if the answer only describes the animals.
Question 16 of 20 · Short Answer
Write a thesis sentence for a comparative essay on Texts 1 and 2 that names a likeness, a difference, and something the texts leave uncertain. Then name the two quotations you would use first.
Model answer: Thesis: "Both Jewett and Freeman end with a woman keeping a secret to protect a solitary life, but where Sylvia's silence is framed as loyalty to a living creature, Louisa's is framed as a bargain with her own comfort, and neither author will say what the choice has cost." First quotations: "she cannot tell the heron's secret and give its life away" (Text 1, paragraph 4) and "the taste of the pottage was so delicious" (Text 2, paragraph 9). Rubric line: 2 points for an arguable thesis with all three parts and two apt quotations; 1 point for a thesis missing one part; 0 for a topic or summary sentence.
Question 17 of 20 · Short Answer
Holmes calls the Constitution's protection of free speech "an experiment, as all life is an experiment" (Text 4, paragraph 2). Explain how this comparison supports his argument, and identify one assumption it depends on.
Model answer: Calling free speech an experiment admits that it is risky and unproven, which makes his position sound modest rather than naive, and it implies that a country should not end the experiment at the first sign of danger. It depends on the assumption that the country can bear the risk of loathed opinions until they "so imminently threaten immediate interference" with the law that a check is required. A reader who thinks some words are dangerous long before that point will reject the assumption. Rubric line: 2 points for explaining the comparison's work and naming a real assumption with evidence; 1 point for one of these; 0 otherwise.
Question 18 of 20 · Short Answer
Which constitutional principle does each opinion rely on, and how does each apply it? Use one quotation from Text 3 and one from Text 4.
Model answer: The majority, having set the First Amendment question aside, relies on the courts' respect for a jury's findings: it asks only whether there was "some evidence, competent and substantial, before the jury" (Text 3, paragraph 1), and it finds intent in the likely effects of the leaflets. Holmes puts the First Amendment at the center, calling open debate "the theory of our Constitution" (Text 4, paragraph 2), and he allows punishment only for immediate danger or a real intent to cause it. Rubric line: 2 points for an accurate principle and application for each opinion, each with a quotation; 1 point for one opinion; 0 otherwise.
Question 19 of 20 · Short Answer
Rewrite sentence [2] of Text 6 so that it evaluates the majority's reasoning instead of the leaflets' tone. Include one quotation from Text 3.
Model answer: The majority's reasoning is strongest where it ties intent to consequences: it holds that "Men must be held to have intended, and to be accountable for, the effects which their acts were likely to produce" (Text 3, paragraph 2), so the defendants could not escape the law by pointing to their sympathy for Russia. Its weakness is that it never says how likely those effects were for a few thousand leaflets thrown from a window. Rubric line: 2 points for an evaluation of reasoning with an exact quotation and a specific strength or weakness; 1 point for evaluation without evidence; 0 if the sentence still judges only tone.
Question 20 of 20 · Short Answer
Research: You want to know whether Holmes changed his mind between Schenck v. United States (March 1919) and his dissent in Abrams (November 1919). Write a focused research question, name the primary source you would read first, and explain what you would compare.
Model answer: Research question: "How does the test Holmes stated in Schenck compare with the test in his Abrams dissent?" I would read the Schenck opinion itself in United States Reports (volume 249), available from the Library of Congress. I would compare its wording about danger with Text 4's "present danger of immediate evil or an intent to bring it about," looking at whether the words about how close and how certain the danger must be have changed. Rubric line: 2 points for a focused question, a primary source and a precise point of comparison; 1 point for two of these; 0 otherwise.
0 of 20 answered · 0 correct
06
Frequently Asked Questions
10 Questions
What does W.11-12.9 mean?
W.11-12.9 means that students in grades 11 and 12 support their analysis, reflection and research with evidence drawn from what they read, applying the grade 11-12 Reading standards in their writing.
For literature, that usually means writing about foundational American works and how texts from the same period treat similar themes. For literary nonfiction, it means delineating and evaluating the reasoning in seminal U.S. documents, such as Supreme Court opinions and The Federalist.
What is the difference between W.9-10.9 and W.11-12.9?
The writing skill is the same; the Reading standards applied to it change.
In grades 9-10 the examples are analyzing how an author transforms a source and evaluating an argument's claims and evidence. In grades 11-12 they are comparing foundational American works from the same period and evaluating legal and constitutional reasoning in seminal U.S. texts. The evidence standard also rises: RL.11-12.1 and RI.11-12.1 add determining where the text leaves matters uncertain.
What counts as a "foundational work of American literature" for W.11-12.9a?
A work from the eighteenth, nineteenth or early twentieth century that shaped American writing and is still widely read.
The standard does not publish a list. Stories by Sarah Orne Jewett and Mary E. Wilkins Freeman, poems by Emily Dickinson and essays by Emerson and Thoreau are common choices. The key is to compare two or more texts from the same period on a similar theme.
What does "where the text leaves matters uncertain" mean in an essay?
It means noticing the questions an author raises but does not answer, and saying so instead of pretending the text settles them.
Jewett asks whether the birds were "better friends than their hunter might have been" and answers "who can tell?" A strong essay treats that open question as evidence of the author's purpose, rather than as a flaw to explain away.
How many quotations make evidence "strong and thorough"?
There is no fixed number; evidence is thorough when every claim is supported and every text in a comparison is quoted.
A comparative paragraph usually needs at least two quotations from each text, chosen because they prove the point, not because they are famous. Strong evidence is exact, cited and explained.
Why use a Supreme Court case to teach W.11-12.9b?
Because the official example names Supreme Court majority opinions and dissents as seminal U.S. texts whose legal reasoning students should delineate and evaluate.
A case with a strong dissent, such as Abrams v. United States (1919), puts two lines of reasoning about the same facts side by side, which makes evaluation concrete. Opinions of the Court are government works and in the public domain.
Do students need to know constitutional law for W.11-12.9?
No. They need to follow an argument: its question, its rule, how the rule is applied and what principle stands behind it.
A short introduction to the case and a few terms (verdict, intent, dissent) is enough. The standard asks students to delineate and evaluate the reasoning, not to predict how a court would rule today.
Should students agree with the dissent because later courts did?
Not automatically. Evaluating reasoning means judging whether an opinion's conclusion follows from its premises and evidence, whatever happened later.
Later history is useful context, and research can supply it, but a majority opinion can be well reasoned and later rejected, and a dissent can be admired for its principle while still having gaps. Students should say which standard they are using.
How does W.11-12.9 connect to research writing?
It supplies the analytical half of research: drawing and explaining evidence from sources.
W.11-12.7 and W.11-12.8 cover conducting research and gathering and citing sources. W.11-12.9 makes sure students analyze those sources, for example by checking a case's historical context before judging its reasoning.
Can W.11-12.9 be taught with a single text?
Partly. Drawing evidence to support analysis works with any text, but the grade 11-12 literature example asks for two or more texts from the same period.
Pairing is also the easiest way to make students' evidence thorough, since every claim in a comparison has to be supported from both texts.
07
Related Standards
5 standards
These standards connect to W.11-12.9: prerequisites to review first, parallel standards at the same level, and next steps that build on it.
Before this lesson
W.9-10.9Prerequisite
Draw evidence from texts, applying grades 9-10 Reading standards