JAMM 1001 Law of Mass Media, Part 1 Freedom of Expression: Foundation of Democracy

JAMM 1002 Schedule Update This week: Media law (chapter 13) This week: Media law (chapter 13) –Today: First Amendment –Wednesday: Libel and privacy –Friday: Free press vs. fair trial Next week Next week –Tuesday, Dec. 14: Review session, TBD –Thursday, Dec. 16: Exam 4, 10 a.m.

JAMM 1003 Student course evaluations Section 1: 40 out of 100 (40%) Section 1: 40 out of 100 (40%) Section 2: 15 out of 44 (34%) Section 2: 15 out of 44 (34%) Deadline: Sunday, Dec. 12, midnight Deadline: Sunday, Dec. 12, midnight Please be constructive and specific in responding to open-ended questions Please be constructive and specific in responding to open-ended questions

JAMM 1004 Last Extra-Credit Opportunity JAMM 444: Mass Media & Public Opinion JAMM 444: Mass Media & Public Opinion –Poster session for research projects Wednesday and Thursday, 3:30-4:45 p.m. Wednesday and Thursday, 3:30-4:45 p.m. –SUB Vandal Lounge Attend either day Attend either day –Write summary of three research posters –Turn in Friday in class; 5 point maximum

JAMM 1005 Clicker Quiz #1 All of the following freedoms are protected by the First Amendment to the U.S. Constitution EXCEPT: a) Religion b) Press c) Right to bear arms d) Speech e) Assembly

JAMM 1006 Clicker Quiz # All of the following freedoms are protected by the First Amendment to the U.S. Constitution EXCEPT: c) Right to bear arms

JAMM 1007 Freedom of Expression John Milton, England Areopagitica 1644 response to church’s ban on divorce response to church’s ban on divorce pamphlet supported right to speak, debate pamphlet supported right to speak, debate “free marketplace of ideas” “free marketplace of ideas”

JAMM 1008 Freedom of Expression “And though all the winds of doctrine were let loose to play on the earth, so Truth be in the field, we do injuriously by licensing and prohibiting misdoubt her strength. Let her and Falsehood grapple; who ever knew Truth put to the worse in a free and open encounter?”

Colonial roots New York Weekly Journal New York Weekly Journal –John Peter Zenger, editor “Containing the freshest advices, foreign & domestick” “Containing the freshest advices, foreign & domestick” 1734: Zenger accused governor of corruption 1734: Zenger accused governor of corruption JAMM 100 8/30/069

Colonial roots Gov. Wm. Cosby put Zenger on trial for “seditious libel” Gov. Wm. Cosby put Zenger on trial for “seditious libel” Andrew Hamilton defended Zenger Andrew Hamilton defended Zenger –Zenger’s defense: charges were true Zenger acquitted Zenger acquitted JAMM 100 8/30/0610

JAMM Constitutional protection James Madison Delegate to constitutional convention Delegate to constitutional convention Main author of First Amendment Main author of First Amendment Became 4th president, 1808 Became 4th president, 1808

JAMM Constitutional protection James Madison “The freedom of the press, as one of the great bulwarks of liberty, shall be inviolable…”

JAMM Bill of Rights First 10 amendments First 10 amendments Guarantees rights to citizens, states Guarantees rights to citizens, states Essential to ratification Essential to ratification Adopted, 1791 Adopted, 1791

JAMM First Amendment: 45 words 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 of the right of the people to peaceably assemble and petition the Government for a redress of grievances.

JAMM Five Freedoms 1. Religion 2. Speech 3. Press 4. Assembly 5. Petition

JAMM First Amendment Originally applied only to Congress, federal government Originally applied only to Congress, federal government Extended to states through 14th Amendment (“equal protection” clause), 1868 Extended to states through 14th Amendment (“equal protection” clause), 1868

JAMM First Amendment Cases 1931: Near v. Minnesota 1931: Near v. Minnesota 1971: Pentagon Papers 1971: Pentagon Papers 1979: Progressive magazine 1979: Progressive magazine

JAMM Near v. Minnesota Saturday Press, Minneapolis Saturday Press, Minneapolis –Jay Near, editor –‘scandalous and defamatory’ stories about police 1931: Supreme Court refused to stop publication… 1931: Supreme Court refused to stop publication… –But left open possibility of future restraints on press

JAMM Pentagon Papers : Rand Corp. report for Pentagon on causes of Vietnam Wars : Rand Corp. report for Pentagon on causes of Vietnam Wars 1971: Daniel Ellsberg, former Rand employee, leaked document to New York Times 1971: Daniel Ellsberg, former Rand employee, leaked document to New York Times

JAMM Pentagon Papers: Video

JAMM Pentagon Papers Nixon Administration sued to prevent publication Nixon Administration sued to prevent publication Federal judge stopped Times, Post from publishing Federal judge stopped Times, Post from publishing Supreme Court overruled lower court Supreme Court overruled lower court

JAMM Supreme Court decision

JAMM Prior Restraint Attempt by government to restrict content before publication Attempt by government to restrict content before publication Courts say it is justified only if: Courts say it is justified only if: –Clear and present danger –National security is jeopardized Burden of proof is on government Burden of proof is on government

JAMM The Progressive 1979: Magazine obtained plans for hydrogen bomb from public documents 1979: Magazine obtained plans for hydrogen bomb from public documents Department of Energy said article might harm national security Department of Energy said article might harm national security

The Progressive U.S. sued to block publication U.S. sued to block publication Judge sought balance between free press, national security Judge sought balance between free press, national security Other authors published same information Other authors published same information U.S. government eventually dropped case U.S. government eventually dropped case JAMM 10025

JAMM Wiki Leaks Web site for whistleblowers Web site for whistleblowers Julian Assange Julian Assange –Australian editor and spokesperson pkg.wikileaks.role.assange.cnn.html pkg.wikileaks.role.assange.cnn.html pkg.wikileaks.role.assange.cnn.html pkg.wikileaks.role.assange.cnn.html

JAMM Wiki Leaks November 2010: Released secret U.S. diplomatic messages, reports November 2010: Released secret U.S. diplomatic messages, reports Published by Guardian (U.K.) and New York Times Published by Guardian (U.K.) and New York Times Denounced by U.S. officials, including Hilary Clinton, as risk to U.S. national security Denounced by U.S. officials, including Hilary Clinton, as risk to U.S. national security

JAMM Wiki Leaks “Are Times readers and Americans at large better informed on these issues because of the stories? The answer is unquestionably yes. Would you as reader rather have the information yourself or trust someone else to hang on to it for you?” --Arthur S. Brisbane, public editor, The New York Times

JAMM Clicker Quiz #2 In 1971, the New York Times obtained and published classified documents obtained by Daniel Ellsberg. This case is known today as: a) Bay of Pigs Invasion b) Gulf of Tonkin incident c) Watergate d) Sputnik e) Pentagon Papers