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Law of Mass Media, Law of Mass Media, PartPart 11

Freedom of Expression: Freedom of Expression:

Foundation of Foundation of DemocracyDemocracy

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Schedule UpdateSchedule Update

This week: Media law (chapter 13)This week: Media law (chapter 13)– Today: First AmendmentToday: First Amendment– Wednesday: Libel and privacyWednesday: Libel and privacy– Friday: Free press vs. fair trialFriday: Free press vs. fair trial

Next weekNext week– Tuesday, Dec. 14: Review session, TBDTuesday, Dec. 14: Review session, TBD– Thursday, Dec. 16: Exam 4, 10 a.m.Thursday, Dec. 16: Exam 4, 10 a.m.

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Student course evaluationsStudent course evaluations

Section 1: 40 out of 100 (40%)Section 1: 40 out of 100 (40%) Section 2: 15 out of 44 (34%)Section 2: 15 out of 44 (34%) Deadline: Deadline: Sunday, Dec. 12Sunday, Dec. 12, midnight, midnight Please be constructive and specific in Please be constructive and specific in

responding to open-ended questionsresponding to open-ended questions

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Last Extra-Credit OpportunityLast Extra-Credit Opportunity

JAMM 444: Mass Media & Public OpinionJAMM 444: Mass Media & Public Opinion– Poster session for research projectsPoster session for research projects

Wednesday and Thursday, 3:30-4:45 p.m.Wednesday and Thursday, 3:30-4:45 p.m.– SUB Vandal LoungeSUB Vandal Lounge

Attend either dayAttend either day– Write summary of three research postersWrite summary of three research posters– Turn in Friday in class; 5 point maximumTurn in Friday in class; 5 point maximum

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Clicker Quiz #1Clicker Quiz #1

All of the following freedoms are All of the following freedoms are protected by the First Amendment to protected by the First Amendment to the U.S. Constitution EXCEPT:the U.S. Constitution EXCEPT:

a) Religiona) Religion

b) Pressb) Press

c) Right to bear armsc) Right to bear arms

d) Speechd) Speech

e) Assemblye) Assembly

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Clicker Quiz #11Clicker Quiz #11

13. All of the following freedoms are 13. All of the following freedoms are protected by the protected by the FirstFirst Amendment to Amendment to the U.S. Constitution EXCEPT:the U.S. Constitution EXCEPT:

c) Right to bear armsc) Right to bear arms

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Freedom of ExpressionFreedom of Expression

John MiltonJohn Milton, England, England

AreopagiticaAreopagitica 1644 1644 response to church’s ban on response to church’s ban on

divorcedivorce pamphlet supported right to pamphlet supported right to

speak, debatespeak, debate ““free marketplace of ideas”free marketplace of ideas”

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Freedom of ExpressionFreedom of Expression

“And though all the winds of doctrine were let loose to play on the earth, so Truth be in the field, we do injuriously by licensing and prohibiting misdoubt her strength. Let her and Falsehood grapple; who ever knew Truth put to the worse in a free and open encounter?”

Colonial roots Colonial roots

New York Weekly JournalNew York Weekly Journal– John Peter Zenger, editorJohn Peter Zenger, editor

““Containing the freshest Containing the freshest advices, foreign & advices, foreign & domestick”domestick”

1734: Zenger accused 1734: Zenger accused governor of corruption governor of corruption

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Colonial rootsColonial roots

Gov. Wm. Cosby Gov. Wm. Cosby put Zenger on trial put Zenger on trial for “seditious libel”for “seditious libel”

Andrew Hamilton Andrew Hamilton defended Zengerdefended Zenger– Zenger’s defense: Zenger’s defense:

charges were truecharges were true Zenger acquittedZenger acquitted

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Constitutional protectionConstitutional protection

James MadisonJames Madison Delegate to Delegate to

constitutional constitutional conventionconvention

Main author of First Main author of First AmendmentAmendment

Became 4th Became 4th president, 1808president, 1808

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Constitutional protectionConstitutional protection

James MadisonJames Madison““The freedom of the The freedom of the

press, as one of the press, as one of the great bulwarks of great bulwarks of liberty, shall be liberty, shall be inviolable…”inviolable…”

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Bill of RightsBill of Rights

First 10 First 10 amendmentsamendments

Guarantees rights Guarantees rights to citizens, statesto citizens, states

Essential to Essential to ratificationratification

Adopted, 1791Adopted, 1791

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First Amendment: 45 wordsFirst Amendment: 45 words

Congress shall make no law respecting an Congress shall make no law respecting an establishment of establishment of religionreligion, or prohibiting , or prohibiting the free exercise thereof; or abridging the free exercise thereof; or abridging the freedom of the freedom of speechspeech, or of the , or of the presspress; ; or of the right of the people to peaceably or of the right of the people to peaceably assemble assemble and and petitionpetition the Government the Government for a redress of grievances. for a redress of grievances.

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Five FreedomsFive Freedoms

1.1. ReligionReligion

2.2. SpeechSpeech

3.3. PressPress

4.4. AssemblyAssembly

5.5. PetitionPetition

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First AmendmentFirst Amendment

Originally applied only to Congress, Originally applied only to Congress, federal governmentfederal government

Extended to states through 14th Extended to states through 14th Amendment (“equal protection” Amendment (“equal protection” clause), 1868clause), 1868

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First Amendment CasesFirst Amendment Cases

1931: Near v. Minnesota1931: Near v. Minnesota 1971: Pentagon Papers 1971: Pentagon Papers 1979: 1979: ProgressiveProgressive magazine magazine

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Near v. MinnesotaNear v. Minnesota

Saturday PressSaturday Press, Minneapolis, Minneapolis– Jay Near, editorJay Near, editor– ‘‘scandalous and defamatory’ scandalous and defamatory’

stories about policestories about police 1931: Supreme Court 1931: Supreme Court

refused to stop publication…refused to stop publication…– But left open possibility of But left open possibility of

future restraints on pressfuture restraints on press

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Pentagon PapersPentagon Papers

1967-69: Rand Corp. report for 1967-69: Rand Corp. report for Pentagon on causes of Vietnam Pentagon on causes of Vietnam WarsWars

1971: Daniel Ellsberg, former 1971: Daniel Ellsberg, former Rand employee, leaked Rand employee, leaked document to document to New York TimesNew York Times

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Pentagon Papers: VideoPentagon Papers: Video

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Pentagon PapersPentagon Papers

Nixon Administration Nixon Administration sued to prevent sued to prevent publicationpublication

Federal judge stopped Federal judge stopped Times, PostTimes, Post from from publishingpublishing

Supreme Court Supreme Court overruled lower courtoverruled lower court

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Supreme Court decisionSupreme Court decision

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Prior RestraintPrior Restraint

Attempt by government to restrict Attempt by government to restrict content content beforebefore publication publication

Courts say it is justified only if:Courts say it is justified only if:– Clear and present dangerClear and present danger

– National security is jeopardizedNational security is jeopardized Burden of proof is on governmentBurden of proof is on government

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The ProgressiveThe Progressive

1979: Magazine 1979: Magazine obtained plans for obtained plans for hydrogen bomb from hydrogen bomb from public documentspublic documents

Department of Energy Department of Energy said article might harm said article might harm national securitynational security

The ProgressiveThe Progressive

U.S. sued to block U.S. sued to block publicationpublication

Judge sought balance Judge sought balance between free press, between free press, national securitynational security

Other authors published Other authors published same informationsame information

U.S. government U.S. government eventually dropped caseeventually dropped case

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Wiki LeaksWiki Leaks

Web site for whistleblowersWeb site for whistleblowers Julian AssangeJulian Assange

– Australian editor and spokespersonAustralian editor and spokesperson http://www.cnn.com/video/data/2.0/video/world/2010/12/02/nat

pkg.wikileaks.role.assange.cnn.html

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Wiki LeaksWiki Leaks

November 2010: Released secret U.S. November 2010: Released secret U.S. diplomatic messages, reportsdiplomatic messages, reports

Published by Published by GuardianGuardian (U.K.) and (U.K.) and New New York TimesYork Times

Denounced by U.S. officials, including Denounced by U.S. officials, including Hilary Clinton, as risk to U.S. national Hilary Clinton, as risk to U.S. national securitysecurity

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Wiki LeaksWiki Leaks

““Are Times readers and Americans at large Are Times readers and Americans at large better informed on these issues because better informed on these issues because of the stories? The answer is of the stories? The answer is unquestionably yes. Would you as reader unquestionably yes. Would you as reader rather have the information yourself or rather have the information yourself or trust someone else to hang on to it for trust someone else to hang on to it for you?”you?”

--Arthur S. Brisbane,--Arthur S. Brisbane,

public editor, public editor, The New York TimesThe New York Times

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Clicker Quiz #2Clicker Quiz #2

In 1971, the New York Times obtained and published classified documents obtained by Daniel Ellsberg. This case is known today as:

a) Bay of Pigs Invasiona) Bay of Pigs Invasion

b) Gulf of Tonkin incidentb) Gulf of Tonkin incident

c) Watergatec) Watergate

d) Sputnikd) Sputnik

e) Pentagon Paperse) Pentagon Papers