Law of Mass Media, Part 1

Law of Mass Media, Part1 Freedom of Expression: Foundation of Democracy JAMM 100

Schedule Update • This week: Media law (chapter 13) • Today: First Amendment • Wednesday: Libel and privacy • Friday: Free press vs. fair trial • Next week • Tuesday, Dec. 14: Review session, TBD • Thursday, Dec. 16: Exam 4, 10 a.m. JAMM 100

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

Last Extra-Credit Opportunity • JAMM 444: Mass Media & Public Opinion • Poster session for research projects • Wednesday and Thursday, 3:30-4:45 p.m. • SUB Vandal Lounge • Attend either day • Write summary of three research posters • Turn in Friday in class; 5 point maximum JAMM 100

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 100

Clicker Quiz #11 13. All of the following freedoms are protected by the First Amendment to the U.S. Constitution EXCEPT: c) Right to bear arms JAMM 100

Freedom of Expression John Milton, England Areopagitica 1644 • response to church’s ban on divorce • pamphlet supported right to speak, debate • “free marketplace of ideas” JAMM 100

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?” JAMM 100

Colonial roots • New York Weekly Journal • John Peter Zenger, editor • “Containing the freshest advices, foreign & domestick” • 1734: Zenger accused governor of corruption JAMM 100 8/30/06

Colonial roots • Gov. Wm. Cosby put Zenger on trial for “seditious libel” • Andrew Hamilton defended Zenger • Zenger’s defense: charges were true • Zenger acquitted JAMM 100 8/30/06

Constitutional protection James Madison • Delegate to constitutional convention • Main author of First Amendment • Became 4th president, 1808 JAMM 100

Constitutional protection James Madison “The freedom of the press, as one of the great bulwarks of liberty, shall be inviolable…” JAMM 100

Bill of Rights • First 10 amendments • Guarantees rights to citizens, states • Essential to ratification • Adopted, 1791 JAMM 100

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 100

Five Freedoms • Religion • Speech • Press • Assembly • Petition JAMM 100

First Amendment • Originally applied only to Congress, federal government • Extended to states through 14th Amendment (“equal protection” clause), 1868 JAMM 100

First Amendment Cases • 1931: Near v. Minnesota • 1971: Pentagon Papers • 1979: Progressive magazine JAMM 100

Near v. Minnesota • Saturday Press, Minneapolis • Jay Near, editor • ‘scandalous and defamatory’ stories about police • 1931: Supreme Court refused to stop publication… • But left open possibility of future restraints on press JAMM 100

Pentagon Papers • 1967-69: Rand Corp. report for Pentagon on causes of Vietnam Wars • 1971: Daniel Ellsberg, former Rand employee, leaked document to New York Times JAMM 100

Pentagon Papers: Video JAMM 100

Pentagon Papers • Nixon Administration sued to prevent publication • Federal judge stopped Times, Post from publishing • Supreme Court overruled lower court JAMM 100

Supreme Court decision JAMM 100

Prior Restraint • Attempt by government to restrict content before publication • Courts say it is justified only if: • Clear and present danger • National security is jeopardized • Burden of proof is on government JAMM 100

The Progressive • 1979: Magazine obtained plans for hydrogen bomb from public documents • Department of Energy said article might harm national security JAMM 100

The Progressive • U.S. sued to block publication • Judge sought balance between free press, national security • Other authors published same information • U.S. government eventually dropped case JAMM 100

Wiki Leaks • Web site for whistleblowers • Julian Assange • Australian editor and spokesperson • http://www.cnn.com/video/data/2.0/video/world/2010/12/02/natpkg.wikileaks.role.assange.cnn.html JAMM 100

Wiki Leaks • November 2010: Released secret U.S. diplomatic messages, reports • Published by Guardian (U.K.) and New York Times • Denounced by U.S. officials, including Hilary Clinton, as risk to U.S. national security JAMM 100

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 100

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 JAMM 100

Law of Mass Media, Part 1