Media and American Democracy

The curriculum, Media and American Democracy, was made possible by a generous grant from the John S. and James L. Knight Foundation.

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Media & American Democracy

5 units/15 lessons with activities and extensions challenges learners to apply, analyze and evaluate the First Amendment. Equal Time Landmark Supreme Court Cases

Media & American Democracy

Lesson Overview Back of the Book Resources Objectives Answer Key (155-164) Critical Engagement Question Glossary (166-171) Landmark Cases (172-174) Lesson Media Milestones (175-176) Homework Historical Journalistic Code of Ethics (177) Context Lesson Plan Website Eval. Template (179-180) Handouts

Post-Lesson Options Homework Options Extension Activities

Because a free press can be abused,

1. The government can usually impose prior restraint to prevent publication of false material.

2.
3. 4.

Newspapers can be required to get a government license to operate.

The media can be punished after the fact for negligent or malicious publication of untruths. State laws provide for shutting down newspapers that are malicious, scandalous and defamatory. Not sure

5.

What kind of speech receives the highest level of protection under the Constitution?
1. Symbolic speech
2. Religious speech 3. Political speech 4. True speech 5. Not sure

Which of these forms of speech is protected by the First Amendment?

1.
2.

False advertising for political candidates

Misleading advertising for a new medicine

3.
4. 5.

Lies that damage a school teachers reputation

Jokes in an airport regarding bombs Not sure

Which of the following forms of protest is protected by the First Amendment?

1. Burning a U.S. flag 2. Posters with shocking, offensive images 3. Images that convey opposition to government policies 4. All of these

5. Not sure

Media: Accountable to the People

Reflectionwith information, is all which our countrymen need, to bring themselves and their affairs to rights. ~Thomas Jefferson, 1798

Thomas Jefferson Charles Willson Peale, 1790s

Media and American Democracy Equal Time Interview Questions, p. 3

1. What is the most important way the First Amendment protects a free press? 2. Historically, what has been the role of a free press in a free society? Has that role changed? If so, how? 3. How have the media been successful in empowering citizens to participate in democracy? 4. In what ways have the media failed in empowering citizens to participate in democracy? 5. Have the media been good watchdogs of government? Discuss examples to prove your response.

Please discuss and report.

EQUAL TIMEPages 1-15

Each lesson in Media and American Democracy cites perspectives of these 4 participants regarding critical issues of the media. Questions: p. 3
Barbara Cochran, President Radio-Television News Directors Association Rodney A. Smolla, Dean and George Allen Professor of Law University of Richmond

Hodding Carter, President and CEO John S. and James L. Knight Foundation

Linda R. Monk, Constitutional Scholar

WARM-UP ACTIVITY EQUAL TIME?

The Views of Experts

Question #5 (Pg. 10)
Have the media been good watchdogs of government?

WARM-UP ACTIVITY EQUAL TIME? YOUR views!

Question #5 (Pg. 10)

Have the media been good watchdogs of government?
With which expert do you most agree? Disagree?

What would like to see the media do that you feel they are not?

WARM-UP ACTIVITY EQUAL TIME?

The Views of Experts

Question #6 (Pg. 11)
What can the media do to increase citizens confidence in their reporting?

WARM-UP ACTIVITY EQUAL TIME?

YOUR views!
Question #6 (Pg. 11)
What can the media do to increase citizens confidence in their reporting?
With which expert do you most agree? Disagree?

Have we reached a point of no return in regard to citizens trust in our media?

WARM-UP ACTIVITY EQUAL TIME?

The Views of Experts

Question #7 (Pg. 12)

Are journalists who withhold information from officials preserving the freedom of the press, or are they obstructing justice?

WARM-UP ACTIVITY EQUAL TIME?

YOUR views!
Question #7 (Pg. 12)
Are journalists who withhold information from officials preserving the freedom of the press, or are they obstructing justice?
With which expert do you most agree? Disagree?

Where is the line between freedom of the press and obstruction of justice?

Nearly 40% of Americans had a high degree of trust in television news and newspapers in 2000.
. . .were it left to me to decide whether we should have a government without newspapers or newspapers without a government, I should not hesitate a moment to prefer the latter." -Thomas Jefferson, 1792

In 2008, only 30% still felt this way.

"Nothing can now be believed which is seen in a newspaper. Truth itself becomes suspicious by being put into that polluted vehicle. . . . Perhaps an editor might begin a reformation in some such way as this. Divide his paper into four chapters, heading the 1st, Truths. 2d, Probabilities. 3d, Possibilities. 4th, Lies. The first chapter would be very short." - Thomas Jefferson, 1807

Attitudes Toward the Press

Commentary--Importance of teaching young people about the freedoms of the individual: That they (school boards) are educating the young for citizenship is reason for scrupulous protection of Constitutional freedoms of the individual, if we are not to strangle the free mind at its source and teach youth to discount important principles of our government as mere platitudes.West Virginia v. Barnette (1943)

Justice Robert Jackson

CRITICAL ENGAGEMENT QUESTION What responsibilities do citizens have to discern fact from fiction in political debate? (p. 39) What is the difference between a political ad and a political news report? (p. 40 Homework)

Objectives
understand the First Amendments protection of political speech. understand the Founders reasons for affording political speech the highest protection. understand ways journalists and all citizens can improve the accuracy of reporting. analyze journalists role as mediators between political candidates and the public. appreciate their responsibility as citizens to distinguish fact from fiction in political advertising.

Laws protecting consumers against false and misleading advertising are constitutional.
1. True 2. False

There are no federal laws against false advertising for political candidates.
1. True 2. False

Political speech is guaranteed the highest level of protection under the First Amendment.

1. True 2. False

A TV station manager cannot refuse to air ads from political candidates if he knows the claims in the ads are false.

1. True 2. False

A candidate for political office can legally make false statements about her opponent during an election.

1. True 2. False

Got Facts or Fiction? P. 39: True/False

1. Laws protecting consumers against false and misleading advertising are constitutional. 2. There are no federal laws against false advertising for political candidates. 3. Political speech is guaranteed the highest level of protection under the First Amendment. (It receives greater protection than commercial speech, for example.) 4. A TV station manager cannot refuse to air ads from political candidates if he knows the claims in the ads are false. 5. A candidate for political office can legally make false statements about her opponent during an election. (Statements on p. 43)

All five statements are true.

p. 165 THE FIRST AMENDMENT Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
FREEDOM OF THE PRESS Congress shall make no law abridging the freedom of the press

Thomas Jefferson to Edward Carringon, 1787, p. 44

I am persuaded myself that the good sense of the people will always be found to be the best army. They may be led astray for a moment, but will soon correct themselves. The people are the only censors of their governors: and even their errors will tend to keep these to the true principles of their institution. To punish these errors too severely would be to suppress the only safeguard of the public liberty. The basis of our governments being the opinion of the people, the very first object should be to keep that right; and were it left to me to decide whether we should have a government without newspapers, or newspapers without a government, I should not hesitate a moment to According to should mean that every man should receive those prefer the latter. But IJefferson, what is the only safeguard papers and be capable of reading them. of liberty?

Why?

Federal Communications Act: Candidates for Public Office (1934), p. 44

If any licensee [media outlet] shall permit any person who is a legally qualified candidate for any public office to use a broadcasting station, he shall afford equal opportunities to all other such candidates for that office in the use of such broadcasting station: [The media outlet] shall have no power of censorship over the material broadcast. US Code: Title 47, Sec. 315 The Federal Communications Act is a federal (national) law. Would Jefferson agree or disagree with this regulation? Why?

Got Facts or Fiction? P. 39: True/False

See background/historical context, p. 40-41. Note: The Supreme Court has interpreted the First Amendment to afford the highest degree of protection to political speech. Read Handout Cpp. 45-47.

Got Facts or Fiction? P. 39: True/False

See Activity guide, p. 41parts B. & C. Discuss: Since the media cannot refuse to air ads they know to be false, what is their responsibility to check the accuracy of claims in their reporting? Handout D, p. 48focus on responsibility

Government and Prior Restraint

Rights and Responsibilities, p. 68

Directions: Imagine you are a reporter who has learned from a reliable source the following pieces of information. The information is classifiedit is secret from the public and even from many in government. Weigh your constitutional rights as a journalist against your responsibilities as a citizen. What are the arguments in favor of publishing the information? What are the arguments against?

Schenck v. United States (1919)

When a nation is at war, many things that might be said in time of peace are [not] protected by any constitutional right.

Does the government have the constitutional power to prevent the publication of this information?

Government and Prior Restraint

Rights and Responsibilitieswhat would YOU do?
With a partner, talk through the scenarios on Handout B, p. 68would YOU publish it?

What are some arguments for and against publishing? Does/should the government have the power to prevent the publication of such info.?

Rights and Responsibilities p. 68

1. A military official gives you information about future movements of troops 2. A photographer gives you pictures of soldiers flag-draped coffins being returned to the U.S. 5. Your source in the FBI explains to you in detail the reasons that the terror-alert level has been raised to orange. 6. You receive a letter from a soldier telling you his unit is severely lacking in basic supplies. 7. An airport security supervisor tells you that the new security screeners are not receiving adequate training, and that several security breaches occur every day. 9. An FBI agent offers to give you a list of the flights that air marshals routinely fly. 12. You learn the identity of an undercover CIA agent. 14. The administrator of a veterans hospital invites wounded American soldiers to talk to you on camera about their experiences. 15. While embedded with troops overseas, you witness prisoners being abused by American soldiers.

Government and Prior Restraint

Handout A, p. 67: Work with a partner. Label each statement PRO if it supports the right of a free press to publish sensitive information even if it might compromise national security. Label CON those statements that oppose that right of the press.

With which statements do you most agree?

National Security Arguments p. 67

1. The First Amendment was not intended to make it CONOral argument in NY impossible for the(1971) Times v. United States executive to function or to protect the security of the United States. 2. The authority of the executive department to protect CONOral argument in NY the nationstems fromhis authority as Times v. United States (1971) commander in chief. 3. Secrecy in government is fundamentally antiPRONY Times v. Sullivan democraticthere should be uninhibited, robust, (1964) and wide-open debate. 4. Wordsmay become subject to prohibition (if they) CONSchenck v. U.S. (1919) create a clear and present danger. 5. When a nation is at war, many things that might be said in time of peace(cannot be) protected by any CONSchenck v. U.S. (1919) constitutional right. 6. The First Amendment, after Blackmun CONJustice all, is only one part of an entire Constitution. Article II Times v. United document dissenting in NY of the great vests in the executive(1971) States branch primary power over the conduct of foreign affairs

Government and Prior Restraint

A Historical PerspectiveThe Pentagon Papers
With your partner, read Handout C.

Then discuss/complete the Critical Thinking questions on Handout Dp. 72.

Do you agree or disagree with the Courts ruling in NY Times v. U.S.? Are there any limits to what the press can/should publish? If so, what are the limits?

Prior Restraint Wrap-Up, p. 65

How does it affect national security to make certain kinds of info public? Is the fact that information, though true, might decrease support for a war a constitutional reason to prevent the media from publishing it? If the information might increase the possibility of Americans being killed, should it be published?

Is the fact that information, though true, might decrease support for a war a constitutional reason to prevent the media from publishing it?
.

1. YES

2. NO

If the information might increase the possibility of Americans being killed, should it be published?

1. YES 2. NO

Because a free press can be abused,

1. The government can usually impose prior restraint to prevent publication of false material.

2.
3. 4.

Newspapers can be required to get a government license to operate.

The media can be punished after the fact for negligent or malicious publication of untruths. State laws provide for shutting down newspapers that are malicious, scandalous and defamatory. Not sure

5.

What kind of speech receives the highest level of protection under the Constitution?
1. Symbolic speech
2. Religious speech 3. Political speech 4. True speech 5. Not sure

Which of these forms of speech is protected by the First Amendment?

1.
2.

False advertising for political candidates

Misleading advertising for a new medicine

3.
4. 5.

Lies that damage a school teachers reputation

Jokes in an airport regarding bombs Not sure

Which of the following forms of protest is protected by the First Amendment?

1. Burning a U.S. flag 2. Posters with shocking, offensive images 3. Images that convey opposition to government policies 4. All of these

5. Not sure

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