MAD Prof Dev

7/31/2019 MAD Prof Dev

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Media and American Democracy

The curriculum,Mediaand AmericanDemocracy, was made

possible by agenerous grant from

the John S. and JamesL. Knight

Foundation.


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Mission Statement

Established in 1999, the Institute is a 501(c)(3) notfor profit charity focused on providing educationalresources on America's Founding documents and

principles for teachers and students of AmericanHistory and Civics. Our mission is to educateyoung people about the words and ideas of theFounders, the liberties guaranteed in our Founding

documents, and how our Founding principlescontinue to affect and shape a free society.


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3

Bill of Rights Institute Summary Map


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Components of Professional Development

Enhance our own knowledge

Explore new teachingstrategies

Enrich the expertise ofother teachers

There is no knowledge that is not power.~Ralph Waldo Emerson


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Overview of Our Curricula

Written by Teachers

Evaluated by Teachers

Tested by Teachers in the classroom

Research-based best practices in civic education


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Resources Designed for:

Higher level classrooms

Heterogeneous classrooms

Low achieving students

High School classrooms

Middle School classrooms


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Media & American Democracy

5 units/15 lessons with activities

and extensions

challenges learners to apply, analyze

and evaluate the First Amendment.

Equal Time

Landmark Supreme Court Cases


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Media & American Democracy

Lesson Overview

Objectives

Critical Engagement Question

Lesson

Homework Historical

Context Lesson Plan

Handouts

Post-Lesson Options

Homework Options

Extension Activities

Back of the Book Resources

Answer Key (155-164)

Glossary (166-171)

Landmark Cases (172-174)

Media Milestones (175-176)

Journalistic Code of Ethics (177)

Website Eval. Template (179-180)


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Because a free press can be abused,

1. The government can usually impose priorrestraint to prevent publication of false material.

2. Newspapers can be required to get a governmentlicense to operate.

3. The media can be punished after the fact fornegligent or malicious publication of untruths.

4. State laws provide for shutting downnewspapers that are malicious, scandalous anddefamatory.

5. Not sure


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What kind of speech receives thehighest level of protection under the

Constitution?

1. Symbolic speech

2. Religious speech

3. Political speech

4. True speech

5. Not sure


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Which of these forms of speech isprotected by the First Amendment?

1. False advertising for political candidates

2. Misleading advertising for a new medicine

3. Lies that damage a school teachers reputation

4. Jokes in an airport regarding bombs

5. Not sure


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Which of the following forms of protestis protected by the First Amendment?

1. Burning a U.S. flag

2. Posters with shocking, offensive images

3. Images that convey opposition togovernment policies

4. All of these

5. Not sure


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Media: Accountable to the People

Reflectionwithinformation, is allwhich our

countrymen need,to bringthemselves andtheir affairs torights.

~Thomas Jefferson,1798

Thomas JeffersonCharles Willson

Peale, 1790s
http://upload.wikimedia.org/wikipedia/commons/4/46/T_Jefferson_by_Charles_Willson_Peale_1791_2.jpg


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Media and American DemocracyEqual Time

Interview Questions, p. 3

4. In what ways have the media failed inempowering citizens to participate in

democracy?5. Have the media been good watchdogs of

government? Discuss examples to proveyour response.

1. What is the most important way the First Amendmentprotects a free press?

2. Historically, what has been the role of a free press in a

free society? Has that role changed? If so, how?3. How have the media been successful in empoweringcitizens to participate in democracy?

Please discuss and report.


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EQUAL TIMEPages 1-15Each lesson inMedia and American Democracy cites

perspectives of these 4 participants regarding criticalissues of the media. Questions: p. 3

Hodding Carter,President andCEOJohn S. and James

L. KnightFoundation

Barbara Cochran,PresidentRadio-TelevisionNews DirectorsAssociation

Linda R. Monk,ConstitutionalScholar

Rodney A. Smolla,Dean andGeorge Allen

Professor of LawUniversity ofRichmond


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WARM-UP ACTIVITY EQUAL TIME?

The Views of Experts

Question #5 (Pg. 10)

Have the media been goodwatchdogs of government?


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YOUR views!


Have the media been good watchdogs of

government?

With which expert do you mostagree? Disagree?

What would like to see the mediado that you feel they are not?


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The Views of Experts


What can the media do to increasecitizens confidence in their reporting?


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YOUR views!


What can the media do to increase citizens

confidence in their reporting?


Have we reached a point of noreturn in regard to citizens trust

in our media?


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The Views of ExpertsQuestion #7 (Pg. 12)

Are journalists who withholdinformation from officials preservingthe freedom of the press, or are they

obstructing justice?


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YOUR views!


Are journalists who withhold information from officials

preserving the freedom of the press, or are they obstructingjustice?


Where is the line between freedomof the press and obstruction of

justice?


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Nearly 40% of Americans had a high degree oftrust in television news and newspapers in 2000.

. . .were it left to me todecide whether weshould have a

government withoutnewspapers ornewspapers without agovernment, I should nothesitate a moment toprefer the latter."

-Thomas Jefferson,

1792


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"Nothing can now be believed which isseen in a newspaper. Truth itselfbecomes suspicious by being put intothat polluted vehicle. . . . Perhaps an

editor might begin a reformation insome such way as this. Divide hispaper into four chapters, heading the1st, Truths. 2d, Probabilities. 3d,

Possibilities. 4th, Lies. The first chapterwould be very short."

- Thomas Jefferson, 1807

In 2008, only 30% still felt this way.


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Attitudes Toward the PressCommentary--Importance of

teaching young people about thefreedoms of the individual:That they (school boards) are

educating the young for citizenship

is reason for scrupulous protectionof Constitutional freedoms of the

individual, if we are not to stranglethe free mind at its source and teach

youth to discount importantprinciples of our government asmere platitudes.West Virginia v.

Barnette (1943)

Justice RobertJackson
http://upload.wikimedia.org/wikipedia/commons/7/75/Roberthjackson.jpg


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CRITICAL ENGAGEMENT QUESTIONWhat responsibilities do citizens have to

discern fact from fiction inpolitical debate? (p. 39)

What is the difference between a politicalad and a political news report? (p. 40

Homework)


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Objectives

understand the First Amendments protection of politicalspeech.

understand the Founders reasons for affording political

speech the highest protection.

understand ways journalists and all citizens can improvethe accuracy of reporting.

analyze journalists role as mediators between politicalcandidates and the public.

appreciate their responsibility as citizens to distinguishfact from fiction in political advertising.


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Laws protecting consumers againstfalse and misleading advertising are

constitutional.

1. True

2. False


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There are no federal laws against falseadvertising for political candidates.

1. True

2. False


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Political speech is guaranteed thehighest level of protection under the

First Amendment.

1. True

2. False


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A TV station manager cannot refuse toair ads from political candidates if heknows the claims in the ads are false.

1. True

2. False


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A candidate for political office canlegally make false statements about

her opponent during an election.

1. True

2. False


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1. Laws protecting consumers against false andmisleading advertising are constitutional.

2. There are no federal laws against false advertising forpolitical candidates.

3. Political speech is guaranteed the highest level of

protection under the First Amendment. (It receivesgreater protection than commercial speech, forexample.)

4. A TV station manager cannot refuse to air ads frompolitical candidates if he knows the claims in the adsare false.

5. A candidate for political office can legally make falsestatements about her opponent during an election.

(Statements on p. 43)

Got Facts or Fiction? P. 39: True/False

All fivestatements aretrue.

p 165


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p. 165T H E F I R S T A M E N D M E N T

Congress shall make no law

respecting an establishment ofreligion, or prohibiting the freeexercise thereof; or abridging the

freedom of speech, or of the press;

or the right of the people peaceablyto assemble, and to petition

the government for a redress ofgrievances.

F R E E D O M O F T H E P R E S SCongress shall make no law

abridging the freedom ofthe ress

Th J ff t Ed d C i 1787 44


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Thomas Jefferson to Edward Carringon, 1787, p. 44

I am persuaded myself that the good sense of the people will always

be found to be the best army. They may be led astray for a moment, butwill soon correct themselves. The people are the only censors of theirgovernors: and even their errors will tend to keep these to the trueprinciples of their institution. To punish these errors too severelywould be to suppress the only safeguard of the public liberty.

The basis of our governments being the opinion of the people, thevery first object should be to keep that right; and were it left to me todecide whether we should have a government without newspapers, ornewspapers without a government, I should not hesitate a moment to

prefer the latter. But I should mean that every man should receive thosepapers and be capable of reading them.

According to Jefferson, what is the only safeguardof liberty?

Why?

Federal Communications Act: Candidates for Public


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Federal Communications Act: Candidates for PublicOffice (1934), p. 44

If any licensee [media outlet] shall permit any person who is alegally qualified candidate for any public office to use a

broadcasting station, he shall afford equal opportunities to allother such candidates for that office in the use of such

broadcasting station: [The media outlet] shall have no powerof censorship over the material broadcast.

US Code: Title 47, Sec. 315

The Federal Communications Act is afederal (national) law. Would Jeffersonagree or disagree with this regulation?

Why?


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See background/historical context, p.40-41. Note: The Supreme Court has

interpreted the First Amendment toafford the highest degree ofprotection to political speech.

Read Handout Cpp. 45-47.



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See Activity guide, p. 41parts B. & C.

Discuss: Since the media cannot refuse to airads they know to be false, what is theirresponsibility to check the accuracy ofclaims in their reporting?

Handout D, p. 48focus on responsibility


Government and


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Government and

Prior Restraint

Rights and Responsibilities p 68


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Directions: Imagine you are a reporter who has learned from a reliable sourcethe following pieces of information.

The information is classifiedit is secret from the public and even frommany in government.

Weigh your constitutional rights as a

journalist against your responsibilitiesas a citizen.

What are the arguments in favor ofpublishing the information?What are the arguments against?

Does the government have the constitutional power to prevent thepublication of this information?

Rights and Responsibilities, p. 68

Schenck v. United States(1919)

When a nation is at war,many things that might

be said in time of peaceare [not] protected by

any constitutional right.

G d i i


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Government and Prior Restraint

Rights and Responsibilitieswhat would YOU do?

With a partner, talk through the scenarios on Handout B, p.68would YOU publish it?

What are some arguments for and against publishing?Does/should the government have the power to prevent the

publication of such info.?

Rights and Responsibilities p 68


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Rights and Responsibilities p. 681. A military official gives you information about future

movements of troops2. A photographer gives you pictures of soldiers flag-draped

coffins being returned to the U.S.5. Your source in the FBI explains to you in detail the reasons that

the terror-alert level has been raised to orange.6. You receive a letter from a soldier telling you his unit is

severely lacking in basic supplies.

7. An airport security supervisor tells you that the new securityscreeners are not receiving adequate training, and that severalsecurity breaches occur every day.

9. An FBI agent offers to give you a list of the flights that airmarshals routinely fly.

12. You learn the identity of an undercover CIA agent.14. The administrator of a veterans hospital invites wounded

American soldiers to talk to you on camera about theirexperiences.

15. While embedded with troops overseas, you witness prisonersbeing abused by American soldiers.

G d P i R i


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Handout A, p. 67: Work with a partner.

Label each statement PRO if it supports the right of a freepress to publish sensitive information even if it might

compromise national security.

Label CON those statements that oppose that right of thepress.

With which statements do you mostagree?


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National Security Arguments p. 67

1. The First Amendment was not intended to make it

impossible for the executive to function or to protectthe security of the United States.2. The authority of the executive department to protect

the nationstems fromhis authority ascommander in chief.

3. Secrecy in government is fundamentally anti-democraticthere should be uninhibited, robust,and wide-open debate.

4. Wordsmay become subject to prohibition (if they)create a clear and present danger.

5. When a nation is at war, many things that might besaid in time of peace(cannot be) protected by anyconstitutional right.

6. The First Amendment, after all, is only one part of anentire Constitution. Article II of the great documentvests in the executive branch primary power over theconduct of foreign affairs

CONOral argument in NY

Times v. United States (1971)

CONOral argument in NYTimes v. United States (1971)

PRONY Times v. Sullivan(1964)

CONSchenck v. U.S. (1919)

CONJustice Blackmundissenting in NY Times v. United

States (1971)

CONSchenck v. U.S. (1919)

G t d P i R t i t


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With your partner, read Handout C.

Then discuss/complete the Critical Thinking questions onHandout Dp. 72.

A Historical PerspectiveThe Pentagon Papers

Do you agree ordisagree with the

Courts ruling in NY

Times v. U.S.?

Are there any limitsto what the press

can/should publish?

If so, what are thelimits?

P i R t i t W U 65
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How does it affect national security to make

certain kinds of info public?Is the fact that information, though true, might

decrease support for a war a constitutional

reason to prevent the media from publishing it?If the information might increase the possibilityof Americans being killed, should it be

published?

Prior Restraint Wrap-Up, p. 65


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Is the fact that information, thoughtrue, might decrease support for a wara constitutional reason to prevent themedia from publishing it?.

1. YES

2. NO

If h f h h


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If the information might increase thepossibility of Americans being killed,

should it be published?

1. YES

2. NO


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Because a free press can be abused,

1. The government can usually impose priorrestraint to prevent publication of false material.

2. Newspapers can be required to get a governmentlicense to operate.

3. The media can be punished after the fact fornegligent or malicious publication of untruths.

4. State laws provide for shutting down

newspapers that are malicious, scandalous anddefamatory.

5. Not sure


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What kind of speech receives thehighest level of protection under the

Constitution?

1. Symbolic speech

2. Religious speech

3. Political speech

4. True speech

5. Not sure


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Which of these forms of speech isprotected by the First Amendment?

1. False advertising for political candidates

2. Misleading advertising for a new medicine

3. Lies that damage a school teachers reputation

4. Jokes in an airport regarding bombs

5. Not sure


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Which of the following forms of protestis protected by the First Amendment?

1. Burning a U.S. flag

2. Posters with shocking, offensive images

3. Images that convey opposition togovernment policies

4. All of these

5. Not sure

Website


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Website

www.billofrightsinstitute.org James Madison Memorial Fellowship Foundation


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Become a constitutional scholar

Receive funding for aMaster of Arts (MA)Master of Arts in Teaching (MAT)Master of Education (MEd)

with an emphasis on Constitutional history

Attend the four-week Summer Institute,"The Foundations of AmericanConstitutionalism" in Washington, D.C.

Complete your degree in five years

Teach for another two years (approximately)

Submit an application by March 1

Ja e a i o e o ia e o ip ou a io

Teaching with Current Events


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Teaching with Current EventsTopics: Federalism, Freedom of Religion, Gun Rights, Property Rights,Personal Liberty, Citizen Juries, Freedom of Speech, Due Process

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Free Monthly eLessons


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Free Monthly eLessonsLandmark Supreme Court CasesBill of Rights in the News

Current Events and the ConstitutionElections and the Constitution

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Visit our blog to hear from our staff members oncurrent events, education topics, and teaching tips!

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G t T l f Y St d t


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Great Tools for Your Students

GamesVideos

Constitution Day Sept 17th


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Online Resources:

Constitution Duel Quiz

Constitutional Principles videos Madisons Notes are Missing

Constitution Day lesson plans

Life Without the Bill of Rights

PDFs of the Founding documents Effective ANY time of year!

Constitution Day Sept. 17th

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Bill of Rights Day Dec 15th


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Bill of Rights Day Dec. 15th

You and Your Students will Explore:

The text and history of each of the first 10 Amendments

Landmark Supreme Court cases

Engaging activities, handouts, and games

How the 14th

Amendment and Incorporation hasimpacted the Bill of Rights

www.BillofRightsDay.com59


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