Freedom+of+Press

toc =**First Amendment Rights**=

// West's Encyclopedia of American Law | 2005 |//

The First Amendment to the U.S. Constitution reads:

> Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

 At first glance, the First Amendment appears to be written in clear, unequivocal, and facile terms: "Congress shall make //no// law" (emphasis added) in contravention of certain religious and political principles. After a closer reading, and upon further reflection, the amendment's underlying complexities rise to the surface in the form of persistent questions that have nagged the legal system over the last two centuries.

What kind of law "respect[s] the establishment of religion"? Does the First Amendment include here only laws that would establish an official national religion, as the Anglican Church was established in England prior to the American Revolution? Or does it also include laws that recognize or endorse religious activities such as the celebration of Christmas? More importantly, can people agree on what is meant by the word //religion// so that judges may know when religion is being "established" or when the right to its "free exercise" has been infringed?

 In the area of free speech, does the right to speak your mind include the right to use offensive language that could start a fight or incite a riot? Is freedom of speech synonymous with freedom of expression, such that the right to condemn the U.S. government extends to offensive symbolic actions involving no written or spoken words, like burning the U.S. flag? Does freedom of the press protect the right to publish scurrilous, defamatory, and libelous material? If not, can the government prohibit the publication of such material before it goes to print?

 The U.S. Supreme Court has confronted most of these questions. Its answers have not always produced unanimous, or even widespread, agreement around the United States. But the Court's decisions have provided a prism through which U.S. citizens have examined the appropriate limitations society may place on the freedoms protected by the First Amendment, and have sparked colorful and spirited discussions among friends and family members, as well as politicians and their constituents.  //-- http://www.encyclopedia.com/topic/First_Amendment.aspx//

Big Idea to Consider:
– **The strength of a democracy is equal to the strength of its citizens.**

Essential Questions:
**– Does social capital (involvement) strengthen a republic?**
 * – What does it mean to be an American citizen?**
 * – Are the strength of a nation’s citizens dependant upon their willingness to stand up for their basic rights and to identify injustice when they see it?**

Handouts for Class Debate:




**Debate situation**
A local newspaper has printed the first article of a five part series about a secret biological weapons research plant located in Boulder, Colorado. The government wants to stop further publication of the articles because they feel that the publications could jeopardize the safety of the nation. The newspaper thinks that the people have a right to know what is happening in their community, and that the ban is a violation of their first amendment rights. The Constitution of the United States emphasizes free speech, but also states that the government is responsible for our nation’s safety. ....In the case of Denver Dispatch v. United States, which part of the Constitution do you think is more important? Why? __**Resolution:**__ Denver Dispatch Newspaper does have the right to publish information about the U.S. biological weapons plant.
 * For Denver Dispatch vs US** //(bio-weapons)//

//__**First Amendment keynote from class:**__//

Helpful Research Links:
[|Censorship - "Freedom of Press"]
 * Courts in the Classroom -**

First Amendment Center: [] Illinois First Amendment Center: [] US Supreme Court Media: [] Newseum http://www.newseum.org Women’s Institute for Freedom of Press: [] Freedom House: [] Encyclopedia.com: []

Additional Resources:

 * Historical Overview of Freedom of Press Reading:**

Historical Overview of Freedom of Press with additional cases:

Reading on Defamation Case Requirements:

**Recent Court debates on First Amendment**
 //These are just a couple links for each issue - please feel free to do further research if you are interested in learning more...// [|link to Court's opinions] [|abc news report with video on the case]
 * For Snyder vs Phelps** //(Westboro Baptist Church Funeral Protests)//

[|Official details of Court case from Oyez //(US Supreme Court media)//] [|Considerations and questions to ponder on flag burning] link to Part 5 of HBO Documentary "Screaming Fire..." //(from YouTube, must be viewed off campus)//
 * For Texas vs Johnson** //(Flag burning)//

[|link to Part 4 of HBO Documentary "Screaming Fire..."] //(from YouTube, must be viewed off campus)// [|News Report from San Diego Union Tribune]
 * For Harper vs Poway** //(Offensive Speech on school campus)//

//__**Previous Freedom of Press Resources from 2010 - 2011:**__// Hakim, Joy. "Freedom of the Press." //A History of Us: From Colonies to Country 1710 - 1791//. Oxford University Press. New York 1999. pp. 13 - 16.
 * John Peter Zenger reading:**


 * Freedom of Press Historical Argument Prompt with Outline:**


 * Rubric for PEEER writing:**


 * Keynote of Freedom of Press**