Thursday, November 19, 2009

Libel and The First Amendment

Libel and the First Amendment
The Student Press Law Center:
http://www.splc.org/default.asp
http://www.rcfp.org/handbook/index.html

Tinker Case: Symbolic Speech
Begin into the Tinker story why you have liberties at the school house door.
Three students in Des Moines, Iowa decided to protest the Vietnam War in 1965 by wearing black armbands to school. The school learned of their plans and made a rule prohibiting black arm bands. They were told to take them off when they refused, they were suspended.
Students and their parents sued the school district. Four years later, in 1969, in a landmark decision the court ruled that students were permitted to their First Amendment rights as long as they did not cause a substantial disruption of or material interference with school activities. Administrator must demonstrate facts in order for a legal censorship to hold up in court. This case paved the way for uncensored school newspapers until 1985.
Tinker says that a newspaper may not be censored if the story or the research for the story is not causing a disruption to the school

Tinker Summary 2:
John and Mary Beth Tinker were public school students in Des Moines, Iowa in December of 1965. As part of a group against American involvement in the Vietnam War, they decided to publicize their opposition by wearing black armbands to school. Having heard of the students' plans, the principals of the public schools in Des Moines adopted and informed students of a new policy concerning armbands. This policy stated that any student who wore an armband to school would be asked immediately to remove it. A student who refused to take off his or her armband would be suspended until agreeing to return to school without the band.

Two days later and aware of the school policy, the Tinker children and a friend decided to wear armbands to school. Upon arriving at school, the children were asked to remove their armbands. They did not remove the armbands and were subsequently suspended until they returned to school without their armbands.

The children returned to school without armbands after January 1, 1966, the date scheduled for the end of their protest. However, their fathers filed suit in U.S. District Court. This suit asked the court for a small amount of money for damages and an injunction to restrain school officials from enforcing their armband policy. Although the District Court recognized the children's First Amendment right to free speech, the court refused to issue an injunction, claiming that the school officials' actions were reasonable in light of potential disruptions from the students' protest. The Tinkers appealed their case to the U.S. Court of Appeals but were disappointed when a tie vote in that court allowed the District Court's ruling stand. As a result they decided to appeal the case to the Supreme Court of the United States.

The case came down to this fundamental question: Do the First Amendment rights of free speech extend to symbolic speech by students in public schools? And, if so, in what circumstances is that symbolic speech protected? The First Amendment states "Congress shall make no law . . . abridging the freedom of speech." The Fourteenth Amendment extends this rule to state governments as well, of which school systems are a part. The First Amendment, however, does not identify which kinds of speech are protected. For example, it is not clear whether hate speech against an individual or group is protected. Neither does the First Amendment specify what types of expressive actions should be considered as speech.

The Supreme Court of the United States has made many attempts to determine what types of symbolic speech are protected under the First Amendment. In 1919, the Court decided in Schenck v. United States that the right of an individual to protest World War I by distributing pamphlets urging draftee non-compliance was unconstitutional because the distribution "create[ed] a clear and present danger that . . . will bring about . . . substantive evils." The Court wrestled with the issue of the right to symbolic speech again in the case of Thornhill v. Alabama (1940) when the Court ruled that picketing was a form of symbolic speech protected by the First Amendment because no clear and present danger of destruction of life or property or of breach of the peace was inherent in the action. Three years later in West Virginia v. Barnette (1943), the Court extended the First Amendment protection of symbolic speech to students in public schools. In Barnette, the Court held "[i]f there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion. . . ."

In 1968 the Supreme Court of the United States agreed to hear Tinker's case and consider the constitutionality of the Des Moines principals' anti-armband policy. The Court's decision in Tinker v. Des Moines was handed down in 1969.


Questions to Consider:
Do you think that the school policy banning armbands was fair? Why or why not?


The students knew they would be suspended if they wore armbands to school and chose to do so anyway. Why do you think they ignored the rule?


The First Amendment says "Congress shall make no law . . . abridging the freedom of speech." Why do you think the Supreme Court of the United States has ruled that certain actions should have the same protection as verbal speech? Are these reasons valid?


In both Schenck and Thornhill, the Court seemed to make a rule that certain actions were guaranteed protection under the First Amendment's freedom of speech clause as long as those actions did not . . . What rule or test did the Court seem to make?


Pretend that students in your school wanted to protest the school-wide ban on smoking. Should they legally be allowed to protest by wearing T-shirts that read "Up with 'Butts'!"? Why or why not?



II.

Students will read an article that was censored from the Hazelwood case.
Read the scenario from Hazelwood and ask the class if they believe this should be censored.
Why or why not?
Is there anything wrong with these articles that you feel could cause a disruption?

Short Summary: The Hazelwood Case

In 1983 students at Hazelwood East High School in St. Louis were shocked when they received their paper back and found two stories missing. One had been about teenage pregnancies and had featured anonymous students in the high school. The other had been about divorces and how it affects teenagers. The past adviser (who had just left the district) had started a tradition of giving the principal the newspaper as a common courtesy before it went to press. The principal had been concerned about the articles -- thinking they were too revealing and did not fully cover the stories. (Did not interview all needed sources etc.) He cut the stories without telling the students or the new adviser. His first claims were that the stories were “too sensitive” and that the topic of divorce was inappropriate for high school students. In court he claimed that the girls in the pregnancy story were easily identifiable, that students were sexually active, and that the parents did not respond. In the divorce story he did not like the reference that the father that was gone all the time.
The newspaper decided to sue based on Tinker. The case made it to the Supreme Court. In a defeat to student journalists, the court sided with the school and drew up new rules for censorship from the school.
The court decided that if the following were true...
The newspaper must be an open forum of public expression. (Newspapers must have an editorial policy proclaiming they are an open forum.
Public open forum means that any student may write a letter and have it published. Any student or teacher may request to have a guest column.)
Students must have the final say in content about the paper.
Papers should not be given to administration before going to print. (This is how the students in Hazelwood got in trouble.)
... then Tinker applies: The school may only censor when they feel that it will disturb the learning process.) If there is a written school policy then the newspaper cannot be under prior review by the school!
If paper does not proclaim itself an open forum, then it is subject to prior review.
Schools must still justify why they censored material and why it is not educationally fit. Papers must be careful to be grammatically correct, research correct sources, not use vulgar words, have balanced reporting, etc…

The Full Hazelwood case:
http://mycooljournalism.blogspot.com/2009/11/hazlewood-case-summary-and-terms.html


Review : How to tell the difference between what law a newspaper falls under.
Assessment:
The following class, students to be able to come in and define what Tinker is and what Hazelwood in a short essay quiz.

Students will look up Libel and Privacy Law
http://www.rcfp.org/handbook/viewpage.cgi


Additional Websites for related research include:
Why is freedom of speech and press important?
http://www.freedomforum.org/about/today.asp


http://www.rcfp.org/


Overview of First Amendment Law (Review sites)
http://www.aclu.org/library/pbp10.htm

l
http://www.law.cornell.edu/topics/first_amendment.html



http://supreme.lp.findlaw.com/constitution/amendment01/06.html

Wednesday, November 18, 2009

The First Amendment

Wednesday, 11/18

Libel
PowerPoints:

Let's talk about Libel:
PowerPoint Presentation

What is the First Amendment?
Freedom of religion
The First Amendment prevents the government from establishing an official religion. Citizens have freedom to attend a church, synagogue, temple or mosque of their choice — or not to attend at all. The First Amendment allows us to practice our religion the way we want to.


Freedom of speech
The First Amendment keeps the government from making laws that might stop us from saying what we think. People have the right to criticize the government and to share their opinions with others.

Freedom of the press
A free press means we can get information from many different sources. The government cannot control what is printed in newspapers and books, broadcast on TV or radio or offered online. Citizens can request time on television to respond to views with which they disagree; they may write letters to newspaper editors and hope those letters will be printed for others to see. They can pass out leaflets that give their opinions. They can have their own Web pages and offer their opinions to others through the many means made available by the Internet.

Freedom of assembly
Citizens can come together in public and private gatherings. They can join groups for political, religious, social or recreational purposes. By organizing to accomplish a common goal, citizens can spread their ideas more effectively.

Right to petition
“To petition the government for a redress of grievances” means that citizens can ask for changes in the government. They can do this by collecting signatures and sending them to their elected representatives; they can write, call or e-mail their elected representatives; they can support groups that lobby the government.



Intro to the First Amendment
The First Principles:
First Principles
The First Amendment applies to all Americans. Our nation affirms the truth of inalienable rights for all, working for more than 200 years to make the ideals expressed in the First Amendment a reality in the lives of all Americans. These rights were so important to early citizens and their leaders, many states refused to ratify the Constitution of the United States without the promise of amendments that would protect individual rights.
Here are some “First Principles” to help you and your students to interpret these eloquent 45 words and understand how they influence our daily lives.

1. The First Amendment affirms the freedom of the individual.

American government is based upon the concept that all human beings are born with certain rights or freedoms. The First Amendment guards these rights by prohibiting the government from denying citizens their rights. The government does not give us our rights. Its role is to guard the rights that we already have.

We, as individuals, have freedom of conscience. Religious liberty, or freedom of conscience, protects the beliefs of everyone, not just those of recognized faith communities. We are free to worship —or not to worship — as we choose. The government may not tell us what church, synagogue, mosque or temple to attend or whether, where and how we should pray.

As individuals, our ideas and beliefs are our own. We are free to develop and express our thoughts. Through our free press, we have access to a vast range of information. We may criticize our government if we see fit to do so. Judgments about ideas are for individuals to make, not for government to decree.

The First Amendment guarantees we may associate with people and join groups of our own choosing. We may ask or lobby the government to correct certain wrongs or support our beliefs.

2. Free expression is the foundation — the cornerstone — of democracy.

The First Amendment is based on the premise that people who can freely share information (especially about their government) will be informed and able to make sound choices about what leaders to elect, what forms of government they want, what laws to enact. The freedom to exchange information about the government enables people to seek alternatives to bad government.

3. The First Amendment tells the government to keep its “hands off” our religion, our ideas, our ability to express ourselves.

“Congress shall make no law …” means that as far as possible the government may not interfere with our fundamental rights. The government may not pass laws that take away our First Amendment freedoms or that force us to express ideas — including religious beliefs — that we do not embrace. But the First Amendment is not absolute.

“No law” does not mean “absolutely no law.” For instance, human sacrifice cannot be permitted in the name of freedom of conscience. The Supreme Court has affirmed that some limits must be placed on our freedoms. The government, for example, may regulate the time, place and manner, but not regulate solely on the basis of the content of our beliefs, ideas, and expressions. We may need to hold a permit before we march in support of a particular cause, but we should not have to worry about the government telling us we have no right to believe in that cause or express that idea.

4. Other people have rights, too.

The First Amendment is based upon the conviction that all human beings have inalienable rights. Our commitment to rights is inseparably linked to our civic responsibility to guard those rights for all others.

When faced with unpopular views or unrefined speech, members of the public may ask, “Why doesn't the government do something about that?” The answer? Neither government nor a majority of the public has the authority to stop an unpopular idea.

Because the First Amendment belongs to everyone — to each individual — it encourages us to respect the right of others to hold their viewpoints and religious beliefs. The First Amendment protects minority viewpoints and helps us to understand that limiting the rights of some people may eventually limit the rights of all.

5. When rights collide, government must balance them.

Sometimes the government plays a role in balancing our rights. When two rights collide, tension and controversy may result. What happens, for example, when a person's right to a fair trial conflicts with our right to learn if a fair trial is actually taking place through accounts reported in our free press? What happens when an individual’s right to personal privacy conflicts with the free flow of information? The government (through the courts) may make decisions that protect both rights to the fullest extent possible.

In addition to knowing where government officials draw the line when regulating expression, it is important to understand who may and may not control what we say or write or perform.

Public school administrators are government officials and, like city officials, have both power and limits regarding regulation of expression. Although students do not give up their First Amendment rights when they come to school, the United States Supreme Court has determined that school officials may restrict students’ rights if the administrators determine that exercising those rights would interfere with the school’s mission of educating its students. However, as government officials, they may not control or censor expression to the degree that a private organization or family might. The First Amendment does not apply to private school officials.

6. The First Amendment helps us make choices.

In the “marketplace of ideas,” we may choose which views to support and which ones to reject. When all ideas are allowed to flourish, we — as individuals — may decide what ideas and concepts to question, embrace or reject.

First Amendment advocates say it best: The antidote to distasteful or hateful speech is not censorship, but more speech.

The First Amendment affirms the freedom of the individual.
Free expression is the foundation — the cornerstone — of democracy.
Other people have rights, too.

2.Until the early 1970s, children in Wisconsin were required to attend school until they were 16. But members of the Amish religion did not want their children to attend school after grade 8. Instead, the Amish wanted children to stay in their communities, learning the jobs they would have as adults. When one 15-year-old Amish girl didn’t return to school after finishing grade 8, state officials tried to force her parents to send her to school.

3. Can they do that?
Talk with students generally about what freedom of religion means. Explain that the First Amendment to the Constitution protects us from having the government (federal, state or local) interfere with the way we practice our religion. Sometimes the courts decide there is a “compelling state interest” that justifies the regulation of some religious practices, but for the most part, individuals are free to follow their own religious beliefs and practices. In the Wisconsin case, the Supreme Court ruled that the Amish family could not be forced to send their daughter to two years of secondary school in violation of their religious beliefs.

4. Brainstorming
A hypothetical situation :
Imagine you are a member of a group of people with an important message. You want as many people as possible to hear about it. The message could be about a coming event — a student-run car wash to raise money for your school’s soccer team, for instance — or it could be about an important social issue, such as stopping gun violence, helping homeless people or even fighting a proposed youth curfew in your town.

Don’t worry about money; imagine you have enough to cover printing, mailing and maybe even placing your message on TV or the radio. Brainstorm for a few minutes about ways to communicate. Try to think of as many different approaches as you can to get your message out to as many people as possible. Be creative!

Brainstorm, as a group, for about five minutes, about various techniques you might use to get your message out. (List ideas)

Overview of Today's lesson:
-We have many, many ways of making our viewpoints known. In the United States, our freedom of speech is protected by the First Amendment to the Constitution.
-Just as it protects our freedom of religion (as discussed in the Wisconsin case) and our freedom of speech, the First Amendment offers other freedoms: freedom of the press, freedom to gather in groups and associate with others of our choosing (assembly), and the right to ask the government to correct what we believe is wrong (petition for redress of grievances).
-Just as we tried to convey in the brainstorming activity, it’s a good idea to respect the right of other people to hold their viewpoints. We should listen to what they have to say in all our activities and throughout our everyday lives. Very often we do not agree with other people’s ideas; sometimes we find what they have to say distasteful or disagreeable or just plain wrong. --But people are entitled to hold these ideas. We (and especially representatives of our government) do not have the right to control or suppress ideas and beliefs we find offensive.

http://www.freedomforum.org/packages/first/Curricula/EducationforFreedom/L01main.htm

Libel and the First Amendment
The Student Press Law Center:
http://www.splc.org/default.asp

Tinker Case:
Begin into the Tinker story why you have liberties at the school house door.
Three students in Des Moines, Iowa decided to protest the Vietnam War in 1965 by wearing black armbands to school. The school learned of their plans and made a rule prohibiting black arm bands. They were told to take them off when they refused, they were suspended.
Students and their parents sued the school district. Four years later, in 1969, in a landmark decision the court ruled that students were permitted to their First Amendment rights as long as they did not cause a substantial disruption of or material interference with school activities. Administrator must demonstrate facts in order for a legal censorship to hold up in court. This case paved the way for uncensored school newspapers until 1985.
Tinker says that a newspaper may not be censored if the story or the research for the story is not causing a disruption to the school

Other cases:

http://www.splc.org/newsflash.asp?id=1987
http://www.splc.org/wordpress/?p=308

http://www.splc.org/newsflash.asp?id=1987

Tuesday, November 17, 2009

Practice Quotation Marks

Daily Reading:
Students will read a local news article from the Times Leader
Students will comment on the Quotes in the article

Post comments using this link:
http://www.bhslit.blogspot.com/

Goals:
Students will complete several quotation mark exercises
Students will take a quotation mark quiz

Practice Exercises
Ex. 1
http://www.grammarbook.com/grammar_quiz/question_marks_1.asp

Ex. 2
http://highered.mcgraw-hill.com/sites/0072873469/student_view0/avoiding_plagiarism_tutorial/using_quotations_marks/quotation_mark_quiz.html

Ex 2B
http://www.harcourtschool.com/activity/language_arts/goforgold/content_builder/dswmedia/g5c32/nadia.htm

Ex. 3
http://www.quia.com/jq/86640.html

Ex.4
http://www.proprofs.com/quiz-school/story.php?title=Section-M-Other-uses-Quotation-Marks-quiz

1.2.11B - use and understand a variety of media and evaluate the quality of material produced
1.5.11C - Write with a distinctive focus

Hazlewood Case Summary and Terms

Case Summary: Hazelwood School District v. Kuhlmeier


Changing the Rules
Hazelwood School District v. Kuhlmeier raised the question of whether the principal of Hazelwood East High School, near St. Louis, violated the First Amendment rights of his students by deleting two pages of the Spectrum, the school-sponsored newspaper that was produced in a school journalism course.

A journalism adviser, who supervised the Spectrum’s staff, submitted each edition to the principal for review, prior to publication. In May 1983, a substitute was advising the newspaper because the regular journalism teacher left before the school year ended. After reviewing the May 13 edition of the paper, principal Robert Reynolds decided that two articles should not be published. The articles covered teenage pregnancy at Hazelwood East and the effects of divorce on students. Reynolds decided to delete the two pages on which they appeared, thus deleting additional articles as well.

This is how the story on teen pregnancy in the May 13 issue of the Spectrum began:

Sixteen-year-old Sue had it all — good looks, good grades, a loving family and a cute boyfriend. She also had a seven pound baby boy. Each year, according to Claire Berman (Readers Digest, May 1983), close to 1.1 million teenagers — more than one out of every 10 teenage girls — become pregnant. In Missouri alone, 8,208 teens under the age of 18 became pregnant in 1980, according to Reproductive Health Services of St. Louis. That number was 7,363 in 1981.

The article followed with personal accounts of three Hazelwood East students who became pregnant. The names of all three were changed:

Terri: I am five months pregnant and very excited about having my baby. My husband is excited too. We both can’t wait until it’s born. . . .

Patti: I didn’t think it could happen to me, but I knew I had to start making plans for me and my little one. . . .

Julie: At first I was shocked. You always think ‘It won’t happen to me.’ I was also scared because I did not know how everyone was going to handle it. . . .

Principal Reynolds believed the pregnancy article was inappropriate for a school newspaper and its intended audience, and the girls’ anonymity was not adequately protected. He also believed that the divorce article, in which a student sharply criticized her father for not spending more time with his family, violated journalistic fairness because the newspaper did not give the girl’s father a chance to defend himself. As the journalism class was, in part, designed to teach these notions of fairness, Reynolds asserted that he was acting in the best interests of the school by censoring the material.

Students on the Spectrum staff, surprised at finding two pages missing, filed a lawsuit against the school on the grounds that their First Amendment rights had been violated.

Five years later, the final decision came down in Hazelwood, the first Supreme Court case to focus specifically on high school student press rights.

The Decision of the Supreme Court:
On Jan. 13, 1988, the U.S. Supreme Court voted 5-3 to reverse the decision of the U.S. Court of Appeals for the 8th Circuit in St. Louis, which had upheld the rights of the students. The Court ruled that Principal Reynolds had the right to censor articles in the student newspaper that were deemed contrary to the school’s educational mission.

Where Tinker gave students the power of free expression, Hazelwood gave school administrators the power to censor student newspapers.

The Supreme Court began its analysis by citing Tinker’s basic premise that students “do not shed their constitutional rights to freedom of speech or expression at the school house gate.” But the Court modified this position by citing Bethel vs. Fraser, “A school need not tolerate student speech that is inconsistent with its basic educational mission.”

The Court said schools could censor any forms of expression deemed “ungrammatical, poorly written, inadequately researched, biased or prejudiced, vulgar or profane, or unsuitable for immature audiences,” or any expression that advocates “conduct otherwise inconsistent with the shared values of the civilized social order.”

The key: “Educators do not offend the First Amendment by exercising editorial control over the style and content of student speech in school-sponsored expressive activities so long as their actions are reasonably related to legitimate pedagogical concerns.”

The Court found it was “not unreasonable” for Reynolds to have concluded that “frank talk” by students about their sexual histories and the use of birth control, even though their comments were not graphic, was “inappropriate in a school-sponsored publication distributed to 14-year-old freshmen.”

Justice Byron White wrote in the Court’s majority opinion, “A school must be able to set high standards for the student speech that is disseminated under its auspices — standards that may be higher than those demanded by some newspaper publishers or theatrical producers in the ‘real’ world — and may refuse to disseminate student speech that does not meet those standards.

“In addition, a school must be able to take into account the emotional maturity of the intended audience in determining whether to disseminate student speech on potentially sensitive topics, which might range from the existence of Santa Claus in an elementary school setting to the particulars of teenage sexual activity in a high school setting.”

Justice William Brennan filed the dissenting opinion, which was joined by Justices Thurgood Marshall and Harry Blackmun. In his dissent, Justice Brennan wrote that he found the newspaper at Hazelwood East High School to be a “forum established to give students an opportunity to express their views” and said the Supreme Court should have applied the Tinker standard. Justice Brennan characterized the censorship at Hazelwood East as indefensible, saying it “aptly illustrates how readily school officials (and courts) can camouflage viewpoint discrimination as the ‘mere’ protection of students from sensitive topics.

“Such unthinking contempt for individual rights is intolerable from any state official,” Brennan wrote. “It is particularly insidious from one to whom the public entrusts the task of inculcating in its youth an appreciation for the cherished democratic liberties that our Constitution guarantees.”

Questions for Discussion

What is prior review?


What is censorship?


What conditions had to exist for a principal to exercise censorship of the student press according to the Hazelwood decision?


Does the Hazelwood ruling apply to all public schools? What factors does the court use to determine whether the student newspaper has been opened by the school as a public forum?


How did the Supreme Court reconcile its seemingly contradictory holdings in the Hazelwood and Tinker cases?


Under what circumstances may student speech in a school-sponsored, non-public forum be limited according to the Hazelwood decision?


What forms of student expression, other than school-sponsored student newspapers, could be censored under the Hazelwood standard?


Are school officials required to censor student expression under the Hazelwood ruling?


What is the difference between editorial decision making and self censorship?


If you were a high school principal, would your relationship with the school’s newspaper be based on the Tinker standard or the Hazelwood guidelines?
Points for Discussion

What is prior review?
Prior review takes place when an official reviews material before it is published or broadcast.


What is censorship?
Censorship is an examination and removal of expression, both words and images, to suppress what is considered morally, politically or otherwise objectionable. It is rooted in an ancient Roman practice. The censor was one of two officials who were responsible for taking public census and supervising public behavior and morals.


What conditions have to exist for a principal to exercise censorship of the student press according to the Hazelwood decision?
The Court said schools, public or private, could censor any forms of expression deemed “ungrammatical, poorly written, inadequately researched, biased or prejudiced, vulgar or profane, or unsuitable for immature audiences,” or any expression that advocates “conduct otherwise inconsistent with the shared values of the civilized social order.”


Does the Hazelwood ruling apply to all public schools? What factors does the court use to determine whether the student newspaper has been opened by the school as a public forum?
No. The Hazelwood ruling does not apply to publications that have been opened as “public forums for student expression.” According to the Student Press Law Center “A student publication is a public forum for student expression when school officials have given student editors the authority to make their own content decisions. A school can do that either through an official policy or by allowing a publication to operate with editorial independence. … School officials are only allowed to censor forum publications when they can show the publication will cause a ‘material and substantial disruption’ of school activities.”

In addition, some states (currently Arkansas, California, Colorado, Iowa, Kansas and Massachusetts) have passed laws that give students much stronger free expression protection than Hazelwood.


How did the Supreme Court reconcile its seemingly contradictory holdings in the Hazelwood and Tinker cases?
In both decisions, the Supreme Court supported the mission of schools to educate in a safe environment. While students have First Amendment rights, these rights may be limited in the school setting.

Under the Tinker standard, school officials could only limit student free expression when they could demonstrate that the expression in question would cause a material and substantial disruption of school activities or an invasion of the rights of others.

According to the Student Press Law Center, “In essence, the majority opinion of the Supreme Court said that the rights of public school students are not necessarily the same as those of adults in other settings. The student newspaper at Hazelwood East High School, it said, was not a ‘forum for public expression’ by students, and thus the censored students were not entitled to broad First Amendment protection. Therefore, the Court held that the school was not required to follow the standard established in Tinker v. Des Moines Independent Community School District.

“In the Hazelwood decision, the Court said that a different test would apply to censorship by school officials of student expression in a school-sponsored activity such as a student newspaper that was not a public forum for student expression. When a school’s decision to censor is ‘reasonably related to legitimate pedagogical concerns,’ it will be permissible. In other words, if a school can present a reasonable educational justification for its censorship, that censorship will be allowed.”

In his sharp dissent, Justice Brennan said that he found the newspaper at Hazelwood East to be a “forum established to give students an opportunity to express their views....” He said that the Court should have applied the Tinker standard. Brennan said that the censorship at Hazelwood East “aptly illustrates how readily school officials (and courts) can camouflage viewpoint discrimination as the ‘mere’ protection of students from sensitive topics.”


Under what circumstances may student speech in a school-sponsored, non-public forum be limited according to the Hazelwood decision?
School officials are allowed to censor student speech, including a student publication that is curricular and not a public forum, when they can demonstrate that their censorship is “reasonably related to legitimate pedagogical [educational] concerns.” If censorship serves no valid educational purpose, it is prohibited.

In Hazelwood v. Kuhlmeier: A Complete Guide, the Student Press Law Center states:

The Court gave several examples in its decision of what might be censorable: material that is “ungrammatical, poorly written, inadequately researched, biased or prejudiced, vulgar or profane, or unsuitable for immature audiences.” Potentially sensitive topics, such as “the existence of Santa Claus in an elementary school setting,” “the particulars of teenage sexual activity in a high school setting,” “speech that might reasonably be perceived to advocate drug or alcohol use, irresponsible sex, or conduct otherwise inconsistent with the ‘shared values of a civilized social order,’” may also be censored. In addition, the Court said school officials can censor material that would “associate the school with anything other than neutrality on matters of political controversy.”

These examples, frightening in their breadth and vagueness, suggest that school officials might be allowed to censor a great number of things simply because they disapprove of them. In fact, the Court said schools can demand of their student publications standards “higher than those demanded by some newspaper publishers ... in the ‘real’ world.”

However, a federal appellate court decision has indicated that this standard still imposes significant limitations on school officials’ rights. School officials must be able to show that their censorship is “viewpoint neutral,” that is, that they did not censor simply because they disagreed with a particular view students were expressing.


What forms of student expression, other than school-sponsored student newspapers, could be censored under the Hazelwood standard?
Although the Supreme Court decision applied to a student newspaper, all student news and information media — yearbooks, literary magazines, radio and television programs — have been affected. Drama and music productions have also been included under the scrutiny allowed by Hazelwood.


Are school officials required to censor student expression under the Hazelwood ruling?
No. Hazelwood School District v. Kuhlmeier, the 1988 U.S. Supreme Court decision, gave public high school officials greater authority to censor some school-sponsored student publications if they chose to do so.


What is the difference between editorial decision making and self censorship?
When editorial decision making takes place, students are fully responsible for the media’s content. The publication’s editorial board meets to discuss what its community needs to know, should know and wants to know.

Self-censorship is based in fear of reprisals from people who can influence the course of students’ academic careers. While self-censorship is impossible to measure, there are experts who believe it is more prevalent since the Hazelwood decision. Paul McMasters of the First Amendment Center says students — particularly those on newspapers that are cleared by school administrators before publication — try to avoid conflicts and steer clear of potentially sensitive or controversial issues that might not meet with the principal’s approval. “The student who opposes censorship now is the unique one, not the other way around,” McMasters says. “Sometimes the biggest proponents of censorship are fellow students harassing the student journalists. [These students] haven’t been taught in their classrooms the benefits and the absolutely necessity of a free and open debate and dialogue in our society.”


If you were a high school principal, would your relationship with the school’s newspaper be based in the Tinker standard or the Hazelwood guidelines?
Answers will vary. High school principals who want to control the student press tend to cite Hazelwood as a justification for prior review or restricting the subjects students can address in their school publications.

Michael Hiestand, attorney for the Student Press Law Center, puts it, “Administrators who are bent on censoring the paper can use Hazelwood for that purpose. Those who want to give press rights to students can certainly choose to read Hazelwood guidelines that way.”
Much of this file is excerpted from “From Tinker to Hazelwood: Landmark Supreme Court decisions and how schools deal with them” originally appeared as chapter 7 in “Death By Cheeseburger: High School Journalism in the 1990s and Beyond.” Reprinted by permission, The Freedom Forum.

Monday, November 16, 2009

3. Ratification

Ratification
To ratify a document is to approve of its content and to confirm its principles. This is a formal act.

The United States Constitution, in Article VII, provided the procedure to be followed by the states. “The ratification of the conventions of nine states, shall be sufficient for the establishment of this constitution between the states so ratifying the same.”

The Constitution
By Jan. 9, 1788, Delaware, Pennsylvania, New Jersey, Georgia and Connecticut had ratified the new Constitution written in 1787. Nine states had to accept the Constitution before it could become the principle document uniting the states. So important were protecting the rights of individuals, and so intense was the debate between Federalists and anti-Federalists, the additional four votes needed for ratification would not be cast without the promise of amendments guaranteeing individual rights.

In newspapers, pamphlets, public meetings and public houses, ratification was debated. Alexander Hamilton, James Madison and John Jay, under the pen name of “Publius,” wrote 85 essays beginning in 1787. These discussions of the Constitution originally appeared in New York newspapers, but were collected into the two-volume The Federalist. This is a primary source for the thinking of the Founding Fathers.

The debates of the Massachusetts legislators were recorded. They provide a detailed record that the recommendation for a bill of rights was needed for the Constitution to be ratified in the Bay Colony.

On June 21, 1788, New Hampshire became the mandated ninth state needed to ratify the Constitution. The Congress of the Confederation in 1788 determined the first session of the First Congress should convene March 4, 1789, in New York City.

In the large states of Virginia and New York, the debates were even more bitter and divisive. When the State of Virginia ratified the Constitution of the United States on June 26, 1788, delegates included in their ratification document a list of amendments for a “Declaration or Bill of Rights.” One month later, New York ratified the Constitution.

On May 29, 1790, Rhode Island was the last of the 13 colonies to ratify the Constitution of the United States. The vote was 34 for ratification, 32 against ratification.

The Bill of Rights
Article V of the Constitution of the United States provided for amendments to the Constitution.

The first Congress, under pressure from James Madison, presented to the states amendments to the Constitution. Ratified by 11 states in 1791, the Bill of Rights was the result of more than a century of experience with rights in America and many centuries before that in England. Three of the original colonies (Massachusetts, Georgia and Connecticut) did not ratify the first 10 amendments until 1939, 150 years after the first Congress proposed them to the states.

The Ratification of the Constitution
A lesson with primary sources provided by the National Archives and Records Administration. Includes transcripts of the debates over ratification.

2. History of 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.

First Amendment to the U.S. Constitution


A Brief History of the Bill of Rights
and the First Amendment
The first ten amendments to the Constitution of the United States became known as the Bill of Rights because they contained freedoms that Americans held to be their inalienable rights. So important were these rights that several states insisted on a promise of amendments guaranteeing individual rights before they would ratify the Constitution.

The Bill of Rights, ratified in 1791, was the result of more than a century of experience with rights in America and many centuries before that in England. The major British precursors to the Bill of Rights are:

The Magna Carta (1215). In 1215, a group of English barons, tired of heavy taxes and arbitrary actions by the king, forced King John to sign the Magna Carta (Latin for “great charter”). It guaranteed such fundamental rights as trial by jury and due process of law, a requirement that government be fair in its actions. Originally, these rights applied only to noblemen, but over time they were extended to all English people. The Magna Carta established the principle that the monarch's power is not absolute.

Petition of Right (1628). The monarchs of England did not always respect the Magna Carta in the 400 years that followed its signing. Parliament, the English legislature, gradually grew in influence. In 1628, Parliament refused to approve more taxes until King Charles I signed the Petition of Right, which prohibited the monarch from arresting people unlawfully and housing troops in private homes without the owners’ consent.

Bill of Rights (1689). Before William and Mary could take the British throne, a condition of their rule was agreement to an act of Parliament in 1689 known as the Bill of Rights. It guaranteed the right of British subjects to petition the king and to bear arms. It prohibited excessive bails and fines and cruel and unusual punishment. This British Bill of Rights protected far fewer individual rights than the American Bill of Rights adopted a century later. Also, the British Bill of Rights was a statute, part of everyday lawmaking — and could be changed easily — rather than America’s constitutional amendments, part of the most important, most fundamental legal document of the land.

Rights were crucial to America’s founding. Because their rights in England were threatened, many future Americans left their homeland to form new colonies in a strange land. And because their rights were threatened, the colonists declared independence from England and created a new nation to secure those rights.

Although early Americans built on their English heritage when developing rights in the new land, many colonies before 1689 had laws that far exceeded the scope of the English Bill of Rights. Rhode Island, established in 1636, was the first American colony to recognize freedom of conscience. In 1641, Massachusetts Bay enacted the Massachusetts Body of Liberties, the first detailed protection of rights in America. Maryland was founded as a haven for Catholics, but its citizens extended the right of religious toleration (1649) to other Christians as well.

In June 1776, Virginia adopted a new constitution, prefaced by a declaration of rights including many that would later appear in the U.S. Bill of Rights. The Virginia Declaration of Rights, served as a model for eight of the 12 other states that adopted new constitutions during the revolutionary period.

While the new state governments protected individual rights, the Articles of Confederation, the first constitution of the United States, did not. The weak national government under the Articles of Confederation created many problems. In 1787, these problems finally led to a convention to draft a new charter for the national government, the Constitution of the United States. Lack of a bill of rights became the main reason many people opposed the Constitution.

When New Hampshire became the necessary ninth state to ratify it, the Constitution went into effect on June 21, 1788. Ratification was achieved only through the promise of amendments to protect individual rights. Congressional debates over the Bill of Rights drafted by James Madison, then a U.S. representative from Virginia, were, in Madison’s words, “extremely difficult and fatiguing.” Members of Congress challenged each other to duels at one passionate point in the debates. Congress submitted a bill of rights with 12 amendments to the states for ratification in September 1789. Two were not ratified: one changing the apportionment of Congress and the other forbidding congressional pay raises to take effect until after the next election. (This latter amendment was ratified in 1992 as the 27th Amendment to the Constitution.)

On Dec. 15, 1791, Virginia ratified the 10 amendments. This satisfied the requirement of approval by three-fourths of the states, and the Bill of Rights became part of the law of the land.

Originally the Bill of Rights only limited the national government and did not apply to the states. But after the fourteenth Amendment was ratified in 1868, the Supreme Court began applying the provisions of the Bill of Rights — one by one — to the states. In 1925, the Supreme Court ruled that no state or local government could deny its citizens free-speech and free-press rights protected by the First Amendment.

Often considered the most important amendment in the Bill of Rights, the First Amendment protects rights essential to democratic government and those rights Americans hold most dear: freedom of religion, of speech, of the press, of assembly and of petition.

Excerpts from The Bill of Rights: A User's Guide (Linda Monk, Close Up Foundation, 1991) included in this brief history of the First Amendment are reprinted with permission of the Close Up Foundation.

First Amendment 1

First Amendment Link:
http://www.firstamendmentschools.org/resources/lessonplans.aspx



First Principles:

First Principles
The First Amendment applies to all Americans. Our nation affirms the truth of inalienable rights for all, working for more than 200 years to make the ideals expressed in the First Amendment a reality in the lives of all Americans. These rights were so important to early citizens and their leaders, many states refused to ratify the Constitution of the United States without the promise of amendments that would protect individual rights.
Here are some “First Principles” to help you and your students to interpret these eloquent 45 words and understand how they influence our daily lives.

1. The First Amendment affirms the freedom of the individual.

American government is based upon the concept that all human beings are born with certain rights or freedoms. The First Amendment guards these rights by prohibiting the government from denying citizens their rights. The government does not give us our rights. Its role is to guard the rights that we already have.

We, as individuals, have freedom of conscience. Religious liberty, or freedom of conscience, protects the beliefs of everyone, not just those of recognized faith communities. We are free to worship —or not to worship — as we choose. The government may not tell us what church, synagogue, mosque or temple to attend or whether, where and how we should pray.

As individuals, our ideas and beliefs are our own. We are free to develop and express our thoughts. Through our free press, we have access to a vast range of information. We may criticize our government if we see fit to do so. Judgments about ideas are for individuals to make, not for government to decree.

The First Amendment guarantees we may associate with people and join groups of our own choosing. We may ask or lobby the government to correct certain wrongs or support our beliefs.

2. Free expression is the foundation — the cornerstone — of democracy.

The First Amendment is based on the premise that people who can freely share information (especially about their government) will be informed and able to make sound choices about what leaders to elect, what forms of government they want, what laws to enact. The freedom to exchange information about the government enables people to seek alternatives to bad government.

3. The First Amendment tells the government to keep its “hands off” our religion, our ideas, our ability to express ourselves.

“Congress shall make no law …” means that as far as possible the government may not interfere with our fundamental rights. The government may not pass laws that take away our First Amendment freedoms or that force us to express ideas — including religious beliefs — that we do not embrace. But the First Amendment is not absolute.

“No law” does not mean “absolutely no law.” For instance, human sacrifice cannot be permitted in the name of freedom of conscience. The Supreme Court has affirmed that some limits must be placed on our freedoms. The government, for example, may regulate the time, place and manner, but not regulate solely on the basis of the content of our beliefs, ideas, and expressions. We may need to hold a permit before we march in support of a particular cause, but we should not have to worry about the government telling us we have no right to believe in that cause or express that idea.

4. Other people have rights, too.

The First Amendment is based upon the conviction that all human beings have inalienable rights. Our commitment to rights is inseparably linked to our civic responsibility to guard those rights for all others.

When faced with unpopular views or unrefined speech, members of the public may ask, “Why doesn't the government do something about that?” The answer? Neither government nor a majority of the public has the authority to stop an unpopular idea.

Because the First Amendment belongs to everyone — to each individual — it encourages us to respect the right of others to hold their viewpoints and religious beliefs. The First Amendment protects minority viewpoints and helps us to understand that limiting the rights of some people may eventually limit the rights of all.

5. When rights collide, government must balance them.

Sometimes the government plays a role in balancing our rights. When two rights collide, tension and controversy may result. What happens, for example, when a person's right to a fair trial conflicts with our right to learn if a fair trial is actually taking place through accounts reported in our free press? What happens when an individual’s right to personal privacy conflicts with the free flow of information? The government (through the courts) may make decisions that protect both rights to the fullest extent possible.

In addition to knowing where government officials draw the line when regulating expression, it is important to understand who may and may not control what we say or write or perform.

Public school administrators are government officials and, like city officials, have both power and limits regarding regulation of expression. Although students do not give up their First Amendment rights when they come to school, the United States Supreme Court has determined that school officials may restrict students’ rights if the administrators determine that exercising those rights would interfere with the school’s mission of educating its students. However, as government officials, they may not control or censor expression to the degree that a private organization or family might. The First Amendment does not apply to private school officials.

6. The First Amendment helps us make choices.

In the “marketplace of ideas,” we may choose which views to support and which ones to reject. When all ideas are allowed to flourish, we — as individuals — may decide what ideas and concepts to question, embrace or reject.

First Amendment advocates say it best: The antidote to distasteful or hateful speech is not censorship, but more speech.

Quotations and scavenger hunt

Today we will continue with Friday's blog: Quotation rules
Step 1: Review online rules: http://owl.english.purdue.edu/owl/resource/577/01/

Step 2: Go over examples on the Polyboard

Practice exercise:
1. http://grammar.ccc.commnet.edu/grammar/quizzes/quotes_quiz.htm

1.2.11B - use and understand a variety of media and evaluate the quality of material produced
1.5.11C - Write with a distinctive focus

NO JT Quiz today
NO Daily Reading

Reminders: 1. Recite the FIRST AMENDMENT on Friday
2. Scavenger hunt due on Friday (The first 10 turned in will receive bonus points!)

Links:
The First Amendment
Bill of Rights


Amendment I

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.

The Bill of Rights:
http://www.law.cornell.edu/constitution/constitution.billofrights.html

Scavenger hunt:
Students will conduct an interview scavenger hunt:
(You must write your final answers using all three of the following: Direct Quotations, Partial Quotations, and Paraphrased Quotations)


1. Talk to 3 people with unique pets.
~be able to tell how long they have that pet, why they have that pet, etc.
2. Find 3 people who have met or had an experience with famous people.
3. Find someone who has an educational military experience that they can share
4. Ask a math teacher: what their favorite aspect of math.
5. Go up to 3 people you have never met and learn about their study habits. Different ones.
6. Find out what the best place in the high school is to hang out. (Ask 3 people)
7. Find where the best place in Berwick to hang out is. (Ask 3 people)
8. Find someone with a fascinating college story to inspire others to go to college from a teacher or dual enrollment high school student (Keep your story rated PG....Mrs. Christian will be reading!!)
9. Ask one of our administrators and find out what their favorite meal in our cafeteria is.
10. Ask 10 students the following questions: What is your fav. pizza place in Berwick ?
and What pizza topping would you like to order, but are afraid to try.
11. Learn a dream / goal of a student you never met
12. Ask a guidance counselor: What is your favorite color?
13. Find out how many books are in the library
14. Find out how many lockers are in the school


You must talk to different people. Your answers must be from DIFFERENT PEOPLE!!
All answers must be written using one of the 3 Quotations Rules.

Friday, November 13, 2009

The First Amendment

Bill of Rights

Amendment I

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.

The Bill of Rights:
http://www.law.cornell.edu/constitution/constitution.billofrights.html

Wednesday, November 11, 2009

Quotations

Wednesday, 11/11 - Thursday, 11/12

Quotation Marks
Daily Quiz:
Review quizzes 25-27

http://www.newsroom101.com/

Newsroom Quiz: Friday, 11/13 25-27

Daily Reading:
Read a LOCAL article, not an AP article from the Times Leader.
Write a comment:
www.bhslit.blogspot.com



Goal: Students will be able to effectively use quotations.
Students will begin to discover the media's role in society

Quotations:
Journalism Today pages 168-177

Step 1: Go over the rules for quotations.

Step 2: Read sections contained within pages 168-177 explaining the use of quotations.

Step 3: Review online rules: http://owl.english.purdue.edu/owl/resource/577/01/

Step 4: Go over examples on the Polyboard

Practice exercise:
1. http://grammar.ccc.commnet.edu/grammar/quizzes/quotes_quiz.htm


1.2.11B - use and understand a variety of media and evaluate the quality of material produced
1.5.11C - Write with a distinctive focus

Monday, November 09, 2009

Create media regulations

Tuesday, November 10, 2009

Daily Quiz:
http://www.newsroom101.com/
Quiz 26

Project
Tuesday:
Yesterday, we discussed the role of the media. We all agree that the media is extremely invasive and invades the lives of many. We also discussed how certain detail and information is disseminated that shouldn't be...ex. the Georgia Olympic bombing.

Today, we are going to create a list of 10 rules to regulate the media (What they cover, how they cover a story, what they print/ broadcast, and the extent of their coverage)

1. You may work in groups of 2 or 3
2. You must type your rules in MS Word
3. You must explain each rule and indicate regulations and stipulations/ conditions that must be met.
4. Your final draft should contain the name of each group member.
5. The final copy must be turned in to http://www.turnitin.com/ by the end of the period.

Quotation Marks

Daily Quiz:
Take quiz #25

http://www.newsroom101.com/

Daily Reading:
Officials: U.S. Aware of Hasan Efforts to Contact al Qaeda
http://abcnews.go.com/Blotter/fort-hood-shooter-contact-al-qaeda-terrorists-officials/story?id=9030873

(We are going to disucss this article today)

Goal: Students will be able to effectively use quotations.

Journalism Today pages 168-177

Step 1: Go over the rules for quotations.

Step 2: Read sections contained within pages 168-177 explaining the use of quotations.

Step 3: Review online rules: http://owl.english.purdue.edu/owl/resource/577/01/

Step 4: Go over examples on the Polyboard

Practice exercise:
1. http://grammar.ccc.commnet.edu/grammar/quizzes/quotes_quiz.htm



1.2.11B - use and understand a variety of media and evaluate the quality of material produced
1.5.11C - Write with a distinctive focus

Monday, November 02, 2009

One Hectic Week

Students will begin to organize research and interview information
Students will begin rough draft

Test Today : 22-23
www.newsroom101.com

Students will review their interviews with the teacher

Students will begin rough drafts

Tuesday - Wednesday - Rough Drafts are due
Thursday- Peer edit
Friday - Final Draft
1.2.11B - use and understand a variety of media and evaluate the quality of material produced

Final Exam

Layout and Design Checkpoints: make a fold called FINAL EXAM NAME ALL PROJECTS FINAL EXAM Use guidelines to assure even tops and bottoms eve...