Warm Up “Sticks and stones may break my bones, but words will never hurt me.” Discuss this quote. Is it true? What are your feelings about the quote? 3-5 sentences or bullets (complete thoughts)

Stereotypes Choose 5 of the following and write some known stereotypes: -Blacks -Latinos -Whites -Asians -Blondes -Men -Cheerleaders -Girl basketball players -Athletes -Male hairstylist

Con’t Stereotypes When is it okay to use these stereotypes? -Songs? -Examples? -Talk Shows? -Comedy Shows? -Around family and friends? Do stereotypes lead to discrimination, prejudice, racism, and/or hate?

Con’t Stereotypes Listen to the following situations, they all involve stereotypes, discrimination, hate or prejudice. (Imus, Gibson, Hardway, Brendan Eich) Think about the First Amendment; were these comments protected? If we are granted freedom of speech why did these people face consequences? Can I use a stereotype about a group that I am apart of and it is okay? What about if I am not apart of that group?

How Far Can Freedom of Speech Go? When does Freedom of Speech go too far? What restrictions should we put on Freedom of Speech? How do we regulate these restrictions?

A Commitment to Freedom Bill of Rights- Individual rights of the people First 10 amendments Intended as restrictions on the National Government (not states)

Civil Liberities Protection against government Safety of persons, opinions, property (freedom religion, speech, press, fair trial)

Civil Rights Positive acts of government that seek to make constitutional guarantees a reality for all people Prohibition of discrimination based on race, sex, religion

Warm Up When does free speech go too far? 3-5 sentences or bullets (complete thoughts)

Freedom of speech

Freedom of Speech The first Amendment covers the right to Freedom of speech. The court has maintained that this right is not absolute however.

Restrictions Libel- printed word that is untrue about someone else Slander- the false and malicious use of spoken words Sedition- advocating the violent overthrow of the government Speech that is deemed obscene

Obscenity Cannot circulate (mail) Libraries filters block websites Specific zones In the 1973 Supreme Court Case Miller v California, the court set up a three part test for determining what is obscene

Miller vs. California http://www.teachertube.com/video/1st-amendment-limits-328514 @57 seconds

The Miller Test 1. The average person applying the contemporary, local standards finds that the work taken as a whole, appeals to the “prurient” (sexual) interest 2. The work depicts or describes in a patently offensive way a form of sexual conduct specially dealt with in an antiobscenity law 3. The work taken as a whole lacks serious literary, artistic, political or scientific value.

Alien and Sedition Acts 1798 1798 The government was given the power to make “any false, scandalous, and malicious” criticism of the government a crime. Goal: deport undesirable aliens. These acts expired in 1801 Sedition act of 1917 Made it a crime to interfere with the war in anyway. Also was a crime to “willfully utter, print, write, or publish any disloyal, profane, scurrilous or abusive language about the form of government of the United States”

The Smith Act of 1940 It was a crime to: 1. Advocate the violent overthrow of our government 2. Distribute any material that teaches or advises overthrow 3. To knowingly belong to any group with such an aim Often interpreted with a distinction between believing something (legal), and doing something (illegal). Still on the books

New York Times v United States Daniel Ellsberg leaked hundreds of pages of secret documents (the “Pentagon Papers”) to the New York times regarding U.S. policies during the Vietnam war. - The court held the government would have to prove that the papers publication would hurt national security. -The “Pentagon Papers” were published.

Key Cases Tinker v Des Moines (1969, arm bands) Edwards v South Carolina 1963- south Carolina civil rights activists arrested for picketing the state capitol. The court held that the constitution allows for peaceful demonstration even if unpopular.

Hazelwood School district v kuhlmeier - school principal took two articles from a school newspaper. Court supported principal. "so long as their actions are reasonably related to legitimate pedagogical concerns" Schenck v United States- 1919 Schenck distributed fliers urging draft aged men to resist the draft. Sent to prison in violation of the sedition acts. Court agreed.

Flag Burning Cases Texas V Johnson (1989) In 1984 at an anti-Reagan demonstration he burned a flag. Texas prosecuted him according to their law (a misdemeanor). Supreme Court overturned it. Congress passed a Flag Protection Act (1989) United States v Eichman (1990) ruled the government may not prevent you from burning a flag to express your ideas, rendering the FPA unconstitutional.

Summary What is the Miller Test? Explain which speech is not protected. Discuss one of the Supreme court cases.

Thinker…. 1st Amendment rights have their origin in the idea of the unregulated thoughts of mind and work their way out from there to worship, speech, gatherings, and petitioning and protesting. The legitimate power of government reach actions only & not opinions… Thomas Jefferson, (Letter to Danbury Baptist Assn., 1802). If there is any principle of the Constitution that more imperatively calls for attachment than any other, it is the principle of free thought — not free thought for those who agree with us but freedom for the thought we hate. Oliver Wendell Holmes, Jr., (United States v. Schwimmer, 1929).

Warm Up Think about our media (radio, TV, internet, phone apps) today—both what you know from your experience as well as the caricature portrayed by Don Henley’s “Dirty Laundry.” List 2 things you feel they do that is inappropriate (in your opinion). List 2 things they do that is good for our society, in terms of keeping us informed.

Freedom Press Thomas Jefferson argued this was your most important right He felt you needed to be informed so you could make decisions

Prior Restraint Censor information prior to publication—A common practice in many countries. Only practiced in the US if national security is at stake. Example: New York Times v. United States The press [is] to serve the governed, not the governors…The press was protected so that it could bare the secrets of government and inform the people.” --Justice Hugo Black, 1971

Press and Fair Trials Judges can restrain coverage of trial if he/she thinks it will interfere with a party’s right to a fair trial. Ex: Sheppard v. Maxwell Limit reporters Move trial Isolate witnesses Jury sequestered Gag order –deemed unconstitutional

Branzburg v. Hayes Complete a Case Analysis on Branzburg v. Hayes in your notes for future reference (ahem, test prep).

Protecting News Sources The Supreme Court ruled that reporters must reveal their sources when it is info the government needs (i.e. for defense). 30 states have created “shield laws” to protect reporters’ sources in state courts—but not federal courts. Many reporters would rather go to jail than reveal their source.

How about our Panther Print? Does the 1st amendment right of a free press apply to high school newspapers? Why or why not? Think for 30 seconds then Stand Up, Hand Up, Pair Up and share until buzzer sounds. Hazelwood v. Kuhlmeier dealt with this very issue.

Hazelwood v. Kuhlmeier

Movies Motion picture association set ratings for movies. Theaters abide by these ratings A yearly panel of people selected from the community

Radio and Television The Federal Communications Commission or FCC regulates television and radio. Congress has forbidden the FCC to censor the content of programs before broadcasting.

How does the FCC work? They may fine stations for inappropriate conduct and may use such infractions when considering whether or not to renew station licenses.

Summary 1. Explain prior restraint. 2. Who is the FCC and what do they do? 3. How do judges restrain coverage of trials 4. “Freedom of the press is simply the freedom of speech applied to print.” Explain how this is essential to a democracy.

Journalist As a high school journalist, you have developed several sources of information about the football camp held each year at your school. You hear that brutal hazing is part of athletes’ initiation to the team. Investigating further, you learn that new players are subject to various humiliations and assaults, sometimes with broomsticks, electrical cords and socks stuffed with tennis balls. This is a big, important story. Kids are being hurt. You work hard to get your facts right and spend a great deal of effort checking and double-checking your sources. Your newspaper’s adviser supports you and your work. But when you are ready to publish the story in the school newspaper, the principal says you can’t run it unless you make substantial changes. You must eliminate a player’s comments and add a prepared statement from the football coach. The coach also says this is “negative journalism” and wants you to hold the story until after the playoffs.