Media and American Democracy

The curriculum, Media and American Democracy, was made possible by a generous grant from the John S. and James L. Knight Foundation.

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

Media & American Democracy

Lesson Overview Back of the Book Resources Objectives Answer Key (155-164) Critical Engagement Question Glossary (166-171) Landmark Cases (172-174) Lesson Media Milestones (175-176) Homework Historical Journalistic Code of Ethics (177) Context Lesson Plan Website Eval. Template (179-180) Handouts

Post-Lesson Options Homework Options Extension Activities

Common Core State Standards for English Language Arts & Literacy in History/Social Studies 8. Delineate and evaluate the reasoning in seminal U.S. texts, including the application of constitutional principles and use of legal reasoning (e.g., in U.S. Supreme Court majority opinions and dissents) and the premises, purposes, and arguments in works of public advocacy (e.g., The Federalist, presidential addresses). 9. Analyze seventeenth-, eighteenth-, and nineteenthcentury foundational U.S. documents of historical and literary significance (including The Declaration of Independence, the Preamble to the Constitution, the Bill of Rights, and Lincolns Second Inaugural Address) for their themes, purposes, and rhetorical features.

Because a free press can be abused,

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

2.
3. 4.

Newspapers can be required to get a government license to operate.

The media can be punished after the fact for negligent or malicious publication of untruths. State laws provide for shutting down newspapers that are malicious, scandalous and defamatory. Not sure

5.

What kind of speech receives the highest level of protection under the Constitution?
1. Symbolic speech
2. Religious speech 3. Political speech 4. True speech 5. Not sure

CRITICAL ENGAGEMENT QUESTION What responsibilities do citizens have to discern fact from fiction in political debate? (p. 39) What is the difference between a political ad and a political news report? (p. 40 Homework)

Objectives
understand the First Amendments protection of political speech. understand the Founders reasons for affording political speech the highest protection. understand ways journalists and all citizens can improve the accuracy of reporting. analyze journalists role as mediators between political candidates and the public. appreciate their responsibility as citizens to distinguish fact from fiction in political advertising.

Laws protecting consumers against false and misleading advertising are constitutional.
1. True 2. False

There are no federal laws against false advertising for political candidates.
1. True 2. False

Political speech is guaranteed the highest level of protection under the First Amendment.

1. True 2. False

A TV station manager cannot refuse to air ads from political candidates if he knows the claims in the ads are false.

1. True 2. False

A candidate for political office can legally make false statements about her opponent during an election.

1. True 2. False

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

1. Laws protecting consumers against false and misleading advertising are constitutional. 2. There are no federal laws against false advertising for political candidates. 3. Political speech is guaranteed the highest level of protection under the First Amendment. (It receives greater protection than commercial speech, for example.) 4. A TV station manager cannot refuse to air ads from political candidates if he knows the claims in the ads are false. 5. A candidate for political office can legally make false statements about her opponent during an election. (Statements on p. 43)

All five statements are true.

p. 165 THE FIRST AMENDMENT 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.
FREEDOM OF THE PRESS Congress shall make no law abridging the freedom of the press

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, but will soon correct themselves. The people are the only censors of their governors: and even their errors will tend to keep these to the true principles of their institution. To punish these errors too severely would be to suppress the only safeguard of the public liberty. The basis of our governments being the opinion of the people, the very first object should be to keep that right; and were it left to me to decide whether we should have a government without newspapers, or newspapers without a government, I should not hesitate a moment to According to should mean that every man should receive those prefer the latter. But IJefferson, what is the only safeguard papers and be capable of reading them. of liberty?

Why?

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

If any licensee [media outlet] shall permit any person who is a legally qualified candidate for any public office to use a broadcasting station, he shall afford equal opportunities to all other such candidates for that office in the use of such broadcasting station: [The media outlet] shall have no power of censorship over the material broadcast. US Code: Title 47, Sec. 315 The Federal Communications Act is a federal (national) law. Would Jefferson agree or disagree with this regulation? Why?

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

See background/historical context, p. 40-41. Note: The Supreme Court has interpreted the First Amendment to afford the highest degree of protection to political speech. Read Handout Cpp. 45-47.

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

See Activity guide, p. 41parts B. & C. Discuss: Since the media cannot refuse to air ads they know to be false, what is their responsibility to check the accuracy of claims in their reporting? Handout D, p. 48focus on responsibility

Because a free press can be abused,

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

2.
3. 4.

Newspapers can be required to get a government license to operate.

The media can be punished after the fact for negligent or malicious publication of untruths. State laws provide for shutting down newspapers that are malicious, scandalous and defamatory. Not sure

5.

What kind of speech receives the highest 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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