1. “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.”

2. Freedom to Peitition, Freedom of the Press and Prior Restraint

3. Freedom to Petition (petition, redress, grievances, advocacy)
You can petition President, Congress, supreme Court, legislature, mayor, etc
Why?: unresolved problem, provide information, expose corruption, vent, to be HEARD
Forms: Letters, , petitions, testifying, lawsuits, lobbying
Instrument of mass politics; unite individuals, overwhelm opposition
Lobbying: paid representative of a corporation or organization (must register with government)

4. Advocacy: Tool of Mass Politics
Advocacy skills provide effective ways for citizens to participate in making laws.
Advocates have the ability to change rules, decisions, laws and ordinances to solve community problems. Political advocacy challenges people to solve problems through public policy.

5. What is the role of free press in a democracy?
“Congress shall make no law respecting abridging the freedom of the press:
1st Amend. Prohibits censorship by the government before publication
Right to publish facts, ideas, opinions without interference of government
Censorship is the opposite of freedom of press

6. War makes this tense Government often criticizes media
Too much information can harm war effort,
During World War I… “loose lips sink ships”
During Vietnam War, government tried to prevent printing of The Pentagon Papers because 1st Amend prohibits censorship by government before publication, even if it threatens national security

7. Purpose in a Democracy People vote.. So citizens must be infomred
Authority flows from the people.. So the public has a right to know
To be informed, all sides of the issue.. So there must be a free exchange
Governments tend to abuse their power.. So the press checks the power of government
Consent of the governed… so citizens need information
Representative government. So officials must be able to communicate to people

8. Limits to free press
1. Libel- false information that harms a person’s reputation
2. Privacy- invade a person’s privacy
3. Sedition- urge people to overthrow the U.S. government
4. Treason- commit an overt act against the US
5. Obscenity- corrupt the morals of people

9. Landmark cases Schenck v United States, 1919
speech had to present “clear and present danger” to suppress it
New York Times v. Sullivan, 1964
Newspaper cannot be punished for printing the truth about issues of public concern.
New York Times v. U.S. 1971
“Pentagon Papers”- revealed President deceived Congress and people regarding Vietnam War. Government cannot prevent a story (no prior restraint)
Red Lion Broadcasting v. FCC, 1969
Government can regulate television- FCC- “Fairness Doctrine”. If person attacked on TV, must get equal time to respond
ACLU v. Reno, 1997
Congress passed Communications Decency Act, making it a crime to put indecent material on the Internet. Supreme Court struck down the law, ruling government cannot censor the internet.

10. Protection for Satire

11. Prior Restraint Defined
 In First Amendment law, a prior restraint is government action that prohibits speech or other expression before it can take place.  There are two common forms of prior restraints. The first is a statute or regulation that requires a speaker to acquire a permit or license before speaking, and the second is a judicial injunction that prohibits certain speech. Both types of prior restraint are strongly disfavored, and, with some exceptions, generally unconstitutional. (Cornell University Law School)

12. Prior Restraint…..what does it look like… (prove you “get” the concept)
Brief presentation to class:
Put “prior restraint” into your own words
Offer an example of how the use of prior restraint would look in real life

13. Return of Fallen
Should pictures of battle scenes and casualties be released for public viewing on television, in newspapers, and in magazines?
Is government censorship of wartime photos ever acceptable?
More generally: is photography protected in the First Amendment?