The First Amendment: Free Speech & a Free
Total Page:16
File Type:pdf, Size:1020Kb
DOCUMENT RESUME ED- 2-61 92- 9 SO-0-1-6--784 AUTHOR Eveslage, Thomas TITLE The First Amendment: Free Speech & a Free. Press. A Curriculum Guide for High School TeacAers. PUB DATE 85 NOTE . 76p.;. Supported by the Gannett Foundation, the Society of Professional Journalists, Sigma Delta Chi, and the American Newspaper Publipers Association Foundation. AVAILABLE FROMQuill and Scroll, The University of loWi, Iowa City, IA,52242 ($4.50 each). PUB TYPE Guides - Classroom Use- Guides (For Teachers) (052) EDRS PRICE MFOl'Plus Postage. PC Not Available from EDRS.. DESCRIPTORS Advertising; Broadcast Television; Censorship; Civil Rights; Confidentiality; Constitutional Law; Copyrights; Court Litigation; CUrriculum Guides; English Instruction; Ethics; *Freedom of Speech; High. Schools; 'Journalism; Learning Activities; *News Media; Neits Reporting; News Writing; Privacy; Resource Materials; Social Studies;,Student Responsibillty; Student.Rights IDENTIFIERS *First Amendment; Libel' 7 ABSTRACT This curriculum guide is intended to encourage studcnts to learn how everyone benefits when young people,.'pther citizens, and the media:exercise the constitutional rights of free speech and free press. Background information on free speech issues is provided, along with classroom activities, diScussion questions, and student worksheets. There are 11 chapters. Chapters 1 and 2 summarize why the First Amendment should be studied and how'that study might be approached. A brief discussion of how constitutional law and courts operate is provided in chapter 3. Other chapters outline and discuss specific free speech topits'affectng the media. - These include free expression versus government authority; libel; privacy and copyright; confidentiality, contempt, and the courtroom; obscenity, responsibility, and codes of ethics; and broadcast and advertising regulation. A chapter on students' rights and responsibilities -reviews the earlier chapters within the context of the high school and student publications. The guide concludes with a. brief summary of sigfiificant court cases and annotations of useful resources. (RM) *********************************************************************** Reproductions supplied by EDRS are the best that can be_made from the original document. *********************************************************************** .01% PMVAVIA MOW NATIONALINSTITUTE OF EDUCATION, EDUCATIONAL RESOURCES INFORMATION CENTER IERICI Lti This document has been reproducedas r received from the prow or organization originating it. 0 Minor changes have been made to improve , reproduction quality Pointsof view or opinions stated in this docu k. ment do not necessarily represent official NIE position or policy "PERMISSION TO REPRODUCE THIS MATERIAL IN MICROFICHE ONLY HAS BEEN GRANTED BY a5IJl,slagPi TO THE EDUCATIONAL RESOURCES , INFORMATION CENTER iERIC) " MI 4 O The First Amendment: a V A curriculum guide for high school teachers . Prepared and published by Thomas Eveslage ASsociate Prof6sor of Communicatiorjs, Temple_ University Supported by the Gannett Foundation, the Society of Professional Journalists, Sigma Delta Chiand the American Newspaper Publishers Association Foundation O ° O Cbpyright © 1985 by Thomas Eves lage School of Communications and Theater Temple University Philadelphia, Pa. 19122 , Teachers using The -First A endment: Free Speeckitnd a Free Press may photocopy paes designated as ."worksheets" for distributibn to their students: Printed in the United States of America Cover'and book design: Alberto Pacheco Typography: Scott Photographics Production: Joar, Crofford Printing: Crest-36k Press Introduction Chapter 8 ec. More Than a Teaching Tool Obscenity, Responsibility and Chapter 1 - -. Codes of-Ethics- . ..... Overview and Rationale 3 Questions 42 Chapter 2 ACtivities 42- The First Amendment Alive 6 Worksheet 43 Questions 6 Chapter 9 Activities 7 Broadcast and Advertising RegUlation ..45 Worksheet 9 Questions 46 Chapter. 3 Activities '47 The Constitution and the Courts Worksheet 48 Questions 12 Chapter 10 Activities 13 Student Free Speech Rights and Worksheet 14 Responsibilities 50 Chapter 4 Questions 53 Fee Expression vs. 'Activities 54 Government Authority 16 Worksheet 56 Questions 18 Chapter 11 Actiyities /19 Final Impressions............. Worksheet 20 Related Court Cases Chapter 5 Resources . LibelInjury to Reputation 23 Organizations Questions.. 24 Publications Activities 25 Books and Articles Worksheet 26 Audiovisuals: Filmstrips Chapter 6 Audiovisuals: Films Protecting Mind and Matter Audiovisuals: Videotapes Privacy and Copyright 29 Audiovisuals: Audiotapes Questions 31 Teaching Kit Activities 32 Worksheet Chapter 7. 0 Confidentiality, Contempt and the Courtroom 35: Questions 36 Activities 37 Worksheet ° 39 O O Marc Than a Teaching Tool :Most-ofus are busy, and, though. we may be interested, docases evolved from the survey results. not ever consider taking time to attend even the Most What followS are more questions, activities, resources, sensational. courtroom trial. We probably have not seen the and topics than ge,nerally are covered in most units on the City council at work or attended a school board meeting. First Amendment. The topics are in the order of Nor have many of us criticized the Mayor in a letter to the importance to most teachers who reviewed the guide, but editor, carried a picket sign or.ettended a rally protesting a portions may be Used as appropriate to specific courses. A tax increase or calling for a nuclear freeze. We haven't broad approaCh to the First Amendment allows teachers asked to see what the public school or the Justice flexibility while offering them a useful context for each 1114 Department, has on file about us and our family. And we section. 'might be so afraid of some legal sanction that we hesitate Besides background on free speech issues, the guide to criticize publicly our school officials, state senator's or includes classroom activitig; discussion questions and county commissioners. worksheets,. Teachers vdwfwant addit7onal information may But we could. In fact, we are encouraged to tell people consult the annotated bibliography or the summary of what we think; because almdst 200 years ago, the United cases. States was defined and framed in a Bill of Rights. That Chapteri 1 and 2 summarize why the First Ai'nendment . document told us that certain freedomsto think and should be studied and how that Study might be 'believe and assemble and speak and write and publish andapproached. A brief discussion of how the law and courts distributeand year and readwere the foundations of our operate is in Chapter 3. Other chapters outline and discuss democracy. Since then, the country has flourished and specific free speech topics affecting the media. The chapter democracy hasworked because our public officials on student rights and responsibilities reviews the earlier judges'And law enforcement personnel and politicians alike chapterS within the context of the high school and student can be watched and evaluated. Moreover, they have little publications. The book concludes with a brief summary of power to prevent us from telling them and others whatwe,,, significant cases and an,notations Of useful resources= think. organizations, periodicals, books, magazine articles, Yet, many citizens today either take these freedoms for filnistrips, fifths and video and audio tapes.. grant6d or don't know how free they really are. The U.S. The author was responsible for selecting Ind preparing Constitution and its Bill of Rights erode and lose value *. the material, but is deeply indebted to those who without pro* care and use. This should concern thoSe of supported this project If Obiication adviSers and teachers as who work with, young,people, for these citizens will find this booklet useful, credit is due to many!' the Gannett lead and make cleckions for us one day. They should be Foundation, the Society of Professional Journalists, Sigma shown why the FirkAinendment remains as important Delta C1i and the American Newspaper Publishers today as it was in 17.91. .\\ Association Foundation for financial support; Judith Hines The First Amendment: Free Speech and a Free Press and Rosalind. Stark of the ANPA Foundation; Barbara,pepa makes it easier for high school journalism, social studies of theAmerican Bar Association and Louls Ingelhart of Ball And English instructors to teach about the.First State University and the First Amendment Congress for Amendment. This curriculum guide is intended to their thOughtiul editing; Richard Johns and the Quill. and encourage students to learn how everyone benefits when Scroll Foundation; Anne Nunamaker, Robert Lewis, and young people, other.citizens and.the media exercise the Steven Dornfeld of the Society of Professional Journalists,. constitutional rights of free speech and free press. Sigma Delta Chi; the Secondary. Education Division of the The contents of this curriculum guide reflect the Association for Education in Journalism and Mass thinking of 129educators in 30 states who responded to a, Communication; J. Marc Abrams of the Student Press Law two-page questionnaire, mailed in 1981. Respondents Center; Tom Engleman and Sherry Haklik of the Dow Jones represented the Secondary Education Division of the Newspaper Fund; Paul Sullivan of the Department of Association for EducatiorMri Journalism and Mass Journalism at Temple University; and the many teachers Communications, the Journalism Education Association, including John Bowen, Bill McNamara, Vic Silverman,