JAMM 100 JAMM 100 1 Law of Mass Media, Law of Mass Media, Part Part 1 1 Freedom of Expression: Freedom of Expression: Foundation of Democracy Foundation of Democracy
Jan 01, 2016
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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