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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.

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

Common Core State Standards for English Language Arts & Literacy in History/Social Studies 8. 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 majority opinions and dissents) and the premises, purposes, and arguments in works of public advocacy (e.g., The Federalist, presidential addresses). 9. Analyze seventeenth-, eighteenth-, and nineteenthcentury foundational U.S. documents of historical and literary significance (including The Declaration of Independence, the Preamble to the Constitution, the Bill of Rights, and Lincolns Second Inaugural Address) for their themes, purposes, and rhetorical features.

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

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

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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