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Unit 6. Chapters 38-40. Chapter 38: Freedom of the Press. http://www.youtube.com/watch?v=NzxEVVIIp1I. Freedom of the Press. Guaranteed by the 1 st amendment Protects us from Censorship : occurs when the government examines publications and prohibits the use of material it finds offensive.
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Unit 6 Chapters 38-40
Freedom of the Press • Guaranteed by the 1st amendment • Protects us from Censorship: occurs when the government examines publications and prohibits the use of material it finds offensive
Freedom of the Press Issues? (Discuss in Groups) • When can the government prevent the press from publishing information? • When can the government keep the press from obtaining information? • When can the government force the press to disclose information? • Is freedom of the press limited in places such as schools and prisons? • Are there special limits on the press during war times? • What happens when the government is also the press, like publicly owned radio/tv stations?
Read Problem 38.1 on page 466 and be prepared to discuss “The Gag Order”
Prohibiting Publication • Prior Restraint: prohibition against any publication of the press. • Prior restraint is only allowed when… • Publication would cause harm • No lesser means would prevent the harm • The prior restraint would be effective in avoiding harm http://www.youtube.com/watch?v=w0bIOMQIAKs
Denying the Press Access to Information • Freedom of Information Act (1966): requires federal agencies to release information in their files to the public (unless the info affects national defense, secrets, foreign policy, etc.). States have similar laws that give you access to state records.
Requiring the Press to Disclose Information • Do reporters have the right to keep information from the government? • (example: a confidential witness gives info to a reporter…does the reporter have to give up their name to the government? )
http://www.youtube.com/watch?v=ibdTVXatBjY • http://wikileaks.org/
Expression in Special Places • First Amendment Freedoms are limited in schools, military bases, and prisons.
The First Amendment in Public Schools • Tinker v. Des Moines School District (1969): Freedom of Expression does not end at the school house gate unless it is considered disruptive • Hazelwood v. Kuhlmeier: school officials can control what is printed in a school sponsored newspaper
Free Speech? • http://www.youtube.com/watch?v=I2G3rAkkiQQ&feature=related
“You be the Judge” Complete a-e on page 475 in the textbook. For each scenario you should… - give arguments permitting the expression - give arguments supporting the expression - tell how you would decide the case if you were the judge
The First Amendment in Prisons and the Military Penological: related to the criminal corrective process Individual rights are often very limited when related to the military and prisons. If a law interferes with someone’s rights, the law is upheld as long as it supports the corrective process.
Freedom of Religion Religious Freedom is protected by two clauses in the 1st Amendment: • Establishment Clause: forbids the government from setting up or establishing an official religion • Free Exercise Clause: protects the rights of individuals to worship or believe as they choose
The Establishment Clause • “separation of church and state” • Are the Church and Government actually separate? • Engle v. Vitale: Students cannot be required to pray in school
The Free Exercise Clause • Religious Belief is protected but Religious Action can be restricted.