mad prior restraint
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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.
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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
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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)
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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.”
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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
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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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Government and
Prior Restraint
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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.”
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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.?
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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.
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Government and Prior Restraint
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?
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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)
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Government and Prior Restraint
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?
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•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
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Is the fact that information, thoughtrue, might decrease support for a wara constitutional reason to prevent themedia from publishing it?.
1. YES
2. NO
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If the information might increase thepossibility of Americans being killed,
should it be published?
1. YES
2. NO
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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
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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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