MAD Prior Restraint

7/31/2019 MAD Prior Restraint

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Media and American Democracy

The curriculum, Mediaand AmericanDemocracy, was made

possible by agenerous grant from

the John S. and JamesL. 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

Objectives

Critical Engagement Question

Lesson

Homework Historical

Context Lesson Plan

Handouts

Post-Lesson Options

Homework Options

Extension Activities

Back of the Book Resources

Answer Key (155-164)

Glossary (166-171)

Landmark Cases (172-174)

Media Milestones (175-176)

Journalistic Code of Ethics (177)

Website Eval. Template (179-180)



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 anduse of legal reasoning (e.g., in U.S. Supreme Courtmajority 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 nineteenth-

century foundational U.S. documents of historical andliterary significance (including The Declaration of

Independence, the Preamble to the Constitution, the Bill ofRights, and Lincoln’s Second Inaugural Address) for theirthemes, purposes, and rhetorical features.”



Which of these forms of speech isprotected by the First Amendment?

1. False advertising for political candidates

2. Misleading advertising for a new medicine

3. Lies that damage a school teacher’s reputation

4. Jokes in an airport regarding bombs

5. Not sure



Which of the following forms of protestis protected by the First Amendment?

1. Burning a U.S. flag

2. Posters with shocking, offensive images

3. Images that convey opposition togovernment policies

4. All of these

5. Not sure



Government and

Prior Restraint



Directions: Imagine you are a reporter who has learned from a reliable sourcethe following pieces of information.

The information is classified—it is secret from the public and even frommany in government.

Weigh your constitutional rights as a

journalist against your responsibilitiesas a citizen.

What are the arguments in favor ofpublishing the information?

What are the arguments against?

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

Rights and Responsibilities, p. 68

Schenck v. United States

(1919)

“When a nation is at war,many things that might

be said in time of peaceare [not] protected by

any constitutional right.”



Government and Prior Restraint

Rights and Responsibilities…what would YOU do?

With a partner, talk through the scenarios on Handout B, p.68…would YOU publish it?

What are some arguments for and against publishing?

Does/should the government have the power to prevent thepublication of such info.?



Rights and Responsibilities p. 681. A military official gives you information about future

movements of troops2. 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 severalsecurity breaches occur every day.

9. An FBI agent offers to give you a list of the flights that airmarshals routinely fly.

12. You learn the identity of an undercover CIA agent.14. The administrator of a veteran’s hospital invites wounded

American soldiers to talk to you on camera about theirexperiences.

15. While embedded with troops overseas, you witness prisoners being abused by American soldiers.




Handout A, p. 67: Work with a partner.

Label each statement PRO if it supports the right of a freepress to publish sensitive information even if it might

compromise national security.

Label CON those statements that oppose that right of thepress.

With which statements do you mostagree?



National Security Arguments p. 67

1. The First Amendment was not intended to make it

impossible for the executive to function or to protectthe security of the United States.2. The authority of the executive department to protect

the nation…stems from…his authority ascommander in chief.

3. Secrecy in government is fundamentally anti-democratic…there should be “uninhibited, robust,and wide-open debate.”

4. Words…may become subject to prohibition (if they)create a clear and present danger.

5. …When a nation is at war, many things that might besaid in time of peace…(cannot be) protected by anyconstitutional right.

6. The First Amendment, after all, is only one part of anentire Constitution. Article II of the great document

vests in the executive branch primary power over theconduct of foreign affairs…

CON—Oral argument in NY

Times v. United States (1971)

CON—Oral argument in NY

Times v. United States (1971)

PRO—NY Times v. Sullivan (1964)

CON—Schenck v. U.S. (1919)

CON— Justice Blackmundissenting in NY Times v. United

States (1971)

CON—Schenck v. U.S. (1919)




With your partner, read Handout C.

Then discuss/complete the Critical Thinking questions onHandout D—p. 72.

A Historical Perspective…The Pentagon Papers

Do you agree ordisagree with the

Court’s ruling in NY

Times v. U.S.?

Are there any limitsto what the press

can/should publish?

If so, what are thelimits?

http://upload.wikimedia.org/wikipedia/commons/f/f8/Question_mark_alternate.svg

http://upload.wikimedia.org/wikipedia/commons/f/f8/Question_mark_alternate.svg



•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 possibilityof Americans being killed, should it be

published?

Prior Restraint Wrap-Up, p. 65



Is the fact that information, thoughtrue, might decrease support for a wara constitutional reason to prevent themedia from publishing it?.

1. YES

2. NO



If the information might increase thepossibility of Americans being killed,

should it be published?

1. YES

2. NO



Which of these forms of speech isprotected by the First Amendment?

1. False advertising for political candidates

2. Misleading advertising for a new medicine

3. Lies that damage a school teacher’s reputation

4. Jokes in an airport regarding bombs

5. Not sure



Which of the following forms of protestis protected by the First Amendment?

1. Burning a U.S. flag

2. Posters with shocking, offensive images

3. Images that convey opposition togovernment policies

4. All of these

5. Not sure



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