Protest and the First Amendment
Return to Front cover Constitution Day 2020
Description:
This lesson is intended to help students gain a better understanding of the legalities that protect the right to protest as outlined in the First Amendment, and to appreciate the importance of journalism in accurately covering protest. Finally, students will be able to review examples of protest coverage, best practices for covering protests, and will be able to apply their knowledge to a variety of protest coverage scenarios.
Objectives:
- Students will be able to define protected forms of protest as defined in the First Amendment.
- Students will articulate the importance of journalism in accurately covering protest.
- Students will discuss best practices for covering protest in various scenarios.
Be a leader in Year of the Student Journalist
by John Bowen, MJE
Hazelwood v. Kuhlmeier contributes to people’s inability to trust journalists since much of what today’s society grew up with as journalism appeared in student media. There, journalists often battled censorship, prior review or intimidation.
When that’s what the media carried – incomplete information that conveniently omitted unfavorable details or saw entertainment as news, then that’s what fledgling citizens came to expect from commercial media.
Read MoreSuggestions for student media mission, legal, ethical and procedural language
Model Staff Manual: Use Constitution Day as a way to compare your staff policies and guidelines — or use it for students to craft their own — to our sample staff manual.
Originally presented to the 2019 Adviser Institute in New Orleans, this material provides important models that can be adapted of essential mission, legal, ethical and procedural language for student media.
Remember, adapt these guidelines and samples to fit your locality and needs, and:
- Give credit for ideas you adapt
- Don’t just copy someone else’s policy, ethical guidelines or statements. Think about what the models say, what they mean to you and your communities. Clearly separate policy from ethical guidelines and procedures that carry out this process of building a foundation
- Words can mean different ideas to different people. To King George III of England the colonials were terrorists; to Americans, the British army were oppressors and Washington was a hero. Clarify your mission, policy, ethical guidelines and procedures so they have common and precise meanings
- Ask us questions about using the manual concept for all your media. Integrated, the mission, policy, ethical guidelines and procedures form the foundation of responsible journalism.
Clearly separate policy from ethical guidelines and procedures that carry out this process of building a foundation.
JEA-SPPRC
Sample mission statement:
_____________ (school name) student media provide complete and accurate coverage, journalistically responsible, ethically gathered, edited and reported. Student-determined expression promotes democratic citizenship through public engagement diverse in both ideas and representation.
Sample board policy statement (others are at link as well):
[NAME OF SCHOOL] student media are designated public forums in which students make all decisions of content without prior review by school officials.
Sample editorial policy:
“[NAME OF STUDENT MEDIA] are designated public forums for student expression in which students make all final content decisions without prior review from school officials.”
Role of student media:
The NAME OF PUBLICATION/PRODUCTION has been established as a designated public forum for student editors to empower, educate and advocate for their readers as well as for the discussion of issues of concern to their audience. It will not be reviewed or restrained by school officials prior to publication or distribution. Advisers may – and should – coach and discuss content during the writing process.
Because school officials do not engage in prior review, and the content of the NAME OF PUBLICATION/PRODUCTION is determined by and reflects only the views of the student staff and not school officials or the school itself, its student editorial board and responsible student staff members assume complete legal and financial liability for the content of the publication.
Electronic media (including online, broadcast and podcast media) produced by NAME OF PUBLICATION/PRODUCTION students are entitled to the same protections – and subjected to the same freedoms and responsibilities – as media produced for print publication. As such they will not be subject to prior review or restraint. Student journalists use print and electronic media to report news and information, to communicate with other students and individuals, to ask questions of and consult with experts and to gather material to meet their newsgathering and research needs.
NAME OF PUBLICATION/PRODUCTION and its staff are protected by and bound to the principles of the First Amendment and other protections and limitations afforded by the Constitution and the various laws and court decisions implementing those principles.
NAME OF PUBLICATIONPRODUCTION will not publish any material determined by student editors or the student editorial board to be unprotected, that is, material that is libelous, obscene, materially disruptive of the school process, an unwarranted invasion of privacy, a violation of copyright or a promotion of products or services unlawful (illegal) as to minors as defined by state or federal law. Definitions and examples for the above instances of unprotected speech can be found in Law of the Student Press published by the Student Press Law Center.
The staff of the NAME OF PUBLICATION/PRODUCTION will strive to report all content in a legal, objective, accurate and ethical manner, according to the Canons of Professional Journalism developed by the Society for Professional Journalists. The Canons of Professional Journalism include a code of ethics concerning accuracy, responsibility, integrity, conflict of interest, impartiality, fair play, freedom of the press, independence, sensationalism, personal privacy, obstruction of justice, credibility and advertising.
The editorial board, which consists of the staff’s student editors, OR HOWEVER THE DECISION IS MADE will determine the content, including all unsigned editorials. The views stated in editorials represent that of a majority of the editorial board. Signed columns or reviews represent only the opinion of the author. NAME OF PUBLICATIONPRODUCTION may accept letters to the editor, guest columns and news releases from students, faculty, administrators, community residents and the general public.
Content decisions:
Final content decisions and journalistic responsibility shall remain with the student editorial board. NAME OF PUBLICATION/PRODUCTION will not avoid publishing a story solely on the basis of possible dissent or controversy.
The adviser will not act as a censor or determine the content of the paper. The adviser will offer advice and instruction, following the Code of Ethics for Advisers established by the Journalism Education Association as well as the Canons of Professional Journalism.
JEA Adviser Code of Ethics, Role of the adviser
Role of the adviser
The adviser will not act as a censor or determine the content of the paper. The adviser will offer advice and instruction, following the Code of Ethics for Advisers established by the Journalism Education Association as well as the Canons of Professional Journalism. School officials shall not fire or otherwise discipline advisers for content in student media that is determined and published by the student staff. The student editor and staff who want appropriate outside legal advice regarding proposed content – should seek attorneys knowledgeable in media law such as those of the Student Press Law Center.
Ethical guidelines
Letters to the editor (if accepted by staff):
We ask that letters to the editor, guest columns or other submissions be 300 words or less and contain the author’s name, address and signature. All submissions will be verified.
The NAME OF PUBLICATION/PRODUCTION editorial board reserves the right to withhold a letter or column or other submission and return it for revision if it contains unprotected speech or grammatical errors that could hamper its meaning. Deadlines for letters and columns will be determined by each year’s student staff, allowing sufficient time for verification of authorship prior to publication.
Corrections:
Staff members will strive to correct errors prior to publication; however, if the editorial board determines a significant error is printed, the editorial board will determine the manner and timeliness of a correction.
Advertising:
The NAME OF PUBLICATION/PRODUCTION editorial board reserves the right to accept or reject any ad in accordance with its advertising policy. Electronic manipulations changing the essential truth of the photo or illustration will be clearly labeled if used. The duly appointed editor or co-editors shall interpret and enforce this editorial policy.
Ownership of student work:
Absent a written agreement indicating otherwise, student journalists own the copyright to the works they create. Each media outlet should ensure it has clear policies in place for staff members and the publication that spell out ownership and the right of the publication to use student work.
Controversial coverage:
Final content decisions and responsibility shall remain with the student editorial board. NAME OF PUBLICATION/PRODUCTION will not avoid publishing a story solely on the basis of possible dissent or controversy.
Prior Review:
Sources do not have the right to review materials prior to publication. Allowing sources to preview content at any stage of production raises serious ethical and journalistic practice questions. Reporters, following media guidelines or editor directions, may read back quotes that are either difficult to understand, unclear or may need further explanation.
Take down demands:
SCHOOL NAME student media is a digital news source, but it is still part of the historical record. STUDENT NEWS MEDIA NAME’S primary purpose is to publish the truth, as best we can determine it, and be an accurate record of events and issues from students’ perspectives. Writers and editors use the 11 “Put Up” steps before publication to ensure the validity, newsworthiness and ethics of each article. For these reasons, the editorial board will not take down or edit past articles except in extraordinary circumstances.
If someone requests a takedown, the board may consider the following resourcefor questions and actions.
Regardless of the outcome, the Editor-in-Chief will respond in writing to the request explaining the board’s action(s) and rationale for the final decision.
Unnamed sources:
Journalism is based on truth and accuracy. Using unnamed sources risks both of those standards. For that reason, students should seek sources willing to speak on the record. Unnamed sources should be used sparingly and only after studentsevaluate how the need for the information balances with the problems such sources create.
Occasionally, a source’s physical or mental health may be jeopardized by information on the record. In this instance, journalists should take every precaution to minimize harm to the source.
Obituary:
In the event of the death of a student or staff member, a standard, obituary-type recognition will commemorate the deceased in the newspaper and online news site. A maximum one-fourth page feature, or similar length for each obituary, should be written by a student media staff member and placed on the website within 24 hours and in the newspaper at the bottom of page one.
For the yearbook, if the fatality happens prior to final deadline, the staff might include feature content as the editors deem appropriate. For those unofficially affiliated with the district, the editor(s)-in-chief should determine appropriate coverage, but should not include an official obituary.
For more information
- Foundationspackage.
- Priorreview-restraint.
- QuickTips.
- JEA AdviserCode of Ethics.
- Choosingthe right forum
For past Constitution Day materials, go here.
Understanding and Promoting Student Press Rights
Descripstion
Freedom of Speech rights, especially when it comes to students in any sort of student publication, can be very complex, but there are some overall principles that can lead to a solid understanding of the basics. This lesson provides details and background on what rights student journalists generally possess, gives resources for understanding how any local policies affect those rights and supplies scenarios and links to promote further discussion and involvement.
Objective
- Students will understand the specific sources of the rights of student journalists.
- Students will recognize the most important details to consider when seeking to determine their own rights.
- Students will appreciate what can be done to solidify and promote student press rights further.
Common Core State Standards
| CCSS.ELA-LITERACY.SL.11-12.1 | Initiate and participate effectively in a range of collaborative discussions (one-on-one, in groups, and teacher-led) with diverse partners on grades 11-12 topics, texts, and issues, building on others’ ideas and expressing their own clearly and persuasively. |
| CCSS.ELA-LITERACY.SL.11-12.4 | Present information, findings, and supporting evidence, conveying a clear and distinct perspective, such that listeners can follow the line of reasoning, alternative or opposing perspectives are addressed, and the organization, development, substance, and style are appropriate to purpose, audience, and a range of formal and informal tasks. |
| CCSS.ELA-LITERACY.RI.11-12.7 | Integrate and evaluate multiple sources of information presented in different media or formats (e.g., visually, quantitatively) as well as in words in order to address a question or solve a problem. |
Length
Approximately 50 minutes
Materials/Resources
Presentation: Student Press Rights Presentation
Handout: Student Press Rights Scenarios
Handout: Student Press Rights InDepth Response
Activity/lesson Step by Step
Step 1 — Introduction/Pre-Quiz (10 minutes)
Briefly introduce the topic of student rights by testing students on the five questions at the start of the presentation. You may call on students for each possible answer for each one or require all students to write possible answers before revealing and discussing them.
Step 2 — Presentation (25 minutes)
Work through the middle portion of the presentation, attempting to come to a somewhat clear outline of what rights student journalists have. Feel free to invite discussion or ask for comments from students about what might work or not work or about what they know about their own school board and publication policies.
Step 3 — Scenarios Groups and Full-Class Discussion (15 minutes)
Have the scenarios printed out and cut up into squares, and then have students in groups (or individual, if preferred), discuss the scenario they have been handed. After a few minutes, guide them to discuss their thoughts to each scenario one at a time, following the order in the presentation. (You may also just have the entire class discuss each one as a class.) The goal should be to find ways to apply the specifics laid out earlier in the presentation and to get into specifics about how you school does or should operate. There is not necessarily a single, correct answer to find.
Differentiation
If you have more time, you or the students may also visit some of the links throughout the presentation for more information or search for and discuss your own school board’s student publication policy and/or your publication’s editorial policy.
Assessment
Look through responses to the “Student Press Rights InDepth Response” (explained, below, under “Extension”) for more specific and individual assessment.
Extension
You may use the “Student Press Rights InDepth Response” handout to force students to grapple in more depth with a more specific scenario. These can be completed and turned in individually and discussed, later, to see what different students thought and what reasoning they used.
You may have students write an op-ed piece about the importance and/or place of student journalists and student press rights and submit to the Student Press Law Center for its“Year of the Student Journalist” celebration: https://docs.google.com/forms/d/e/1FAIpQLScuBp_3zALED-DYHPbng3owcRZEJmeqmVmEi08sXlI14tfioQ/viewform
If you have additional time or class periods, it would be excellent to guide your students through the creation of improvement of a publication editorial policy or through greater understanding of their own school board policy. If deemed necessary, students could contact the SPLC or the New Voices movement or the JEA’s Scholastic Press Rights Committee to look for assistance/advice on getting the school board to improve its student publications policy, if deemed necessary.
For past Constitution Day materials, go here.
Read MoreFree speech vs. hate speech: What’s protected?
Title
Free speech vs. hate speech: What’s protected?
Description
In the United States, the First Amendment protects freedom of speech. Social media has provided a platform for anyone with an internet connection to post their views on any topic imaginable. Protesters have the right to hold signs and convey their beliefs in public places. But what about hate speech? Should certain ideas and messages be silenced.
Objectives
- Students will gain an understanding of the historical protection of free speech in the United States.
- Students will recognize the importance of protecting free speech.
- Students will explore ways to use free speech to combat hate speech.
Common Core State Standards
| http://www.corestandards.org/ELA-Literacy/RI/11-12/8/ | Delineate and evaluate the reasoning in seminal U.S. texts, including the application of constitutional principles and use of legal reasoning (e.g., in U.S. Supreme Court majority opinions and dissents) and the premises, purposes, and arguments in works of public advocacy (e.g., The Federalist, presidential addresses). |
| http://www.corestandards.org/ELA-Literacy/RI/9-10/1/ | Cite strong and thorough textual evidence to support analysis of what the text says explicitly as well as inferences drawn from the text. |
| http://www.corestandards.org/ELA-Literacy/RI/9-10/8/ | Delineate and evaluate the argument and specific claims in a text, assessing whether the reasoning is valid and the evidence is relevant and sufficient; identify false statements and fallacious reasoning. |
| http://www.corestandards.org/ELA-Literacy/SL/9-10/5/ | Make strategic use of digital media (e.g., textual, graphical, audio, visual, and interactive elements) in presentations to enhance understanding of findings, reasoning, and evidence and to add interest. |
Length
One 45-50 minute class period. Can easily be extended to two or three classes, depending upon the length of presentations and/or group vs. individual work.
Materials / resources
Links to use:
- https://www.history.com/topics/united-states-constitution/freedom-of-speech
- https://www.aclu.org/about-aclu
- https://www.aclu.org/other/speech-campus
- https://www.nytimes.com/2017/10/02/us/high-school-national-anthem.html
- https://www.nytimes.com/2018/11/24/us/baraboo-wisconsin-nazi-salute-photo.html
- https://latimesblogs.latimes.com/lanow/2010/03/private-school-students-gaybashing-not-free-speech-court-rules.html
- https://www.nbcnews.com/news/sports/football-anthem-taking-knee-one-all-black-high-school-team-n919116
- https://www.baltimoresun.com/maryland/carroll/education/cc-boe-confederate-flag-talk-continues-20180213-story.html
Rubric to print:
Lesson step-by-step
Step 1:
- OPTIONAL: Teacher shows the History Channel video (3:09 min) as an introduction to the topic. https://www.history.com/topics/united-states-constitution/freedom-of-speech
- Teacher facilitates a class discussion about the students’ interpretation of hate speech.
- What kind of speech do you consider hate speech?
- What do you think the school administration, teachers or students should do to deter hate speech on campus?
- Should the school news show, yearbook, newspaper include controversial ideas in their publications?
- Teacher provides background on the American Civil Liberties Union. “For nearly 100 years, the ACLU has been our nation’s guardian of liberty, working in courts, legislatures, and communities to defend and preserve the individual rights and liberties that the Constitution and the laws of the United States guarantee everyone in this country.” https://www.aclu.org/about-aclu
Step 2:
Students will:
A. Read this article about the ACLU’s position on Hate Speech:
https://www.aclu.org/other/speech-campus
B. Summarize the article in one paragraph.
C. One or two students will read their paragraph aloud to the class.
Step 3:
A. Students will choose one of these stories from recent years to research. Teacher decides if students should work individually or in groups.
- https://www.nytimes.com/2017/10/02/us/high-school-national-anthem.html
- https://www.nytimes.com/2018/11/24/us/baraboo-wisconsin-nazi-salute-photo.html
- https://latimesblogs.latimes.com/lanow/2010/03/private-school-students-gaybashing-not-free-speech-court-rules.html
- https://www.nbcnews.com/news/sports/football-anthem-taking-knee-one-all-black-high-school-team-n919116
- https://www.baltimoresun.com/maryland/carroll/education/cc-boe-confederate-flag-talk-continues-20180213-story.html
B. Students will summarize the 5W and the H of the story they chose.
C. Students will create a brief presentation of 2-3 slides (pptx, Google Presentation, Keynote) to share their findings with the class.
Step 4:
- Students share their presentations with the class.
- Teacher leads a class discussion about each case, focusing on ways to combat hate speech with free speech.
- Teacher assesses the presentations with this rubric: http://www.readwritethink.org/files/resources/printouts/30700_rubric.pdf
Differentiation
The entire lesson could be facilitated as a whole group, small group, or individual assignment depending upon the level of the class. If student access to technology is limited, the teacher can print out the articles in advance and distribute them to groups of students for analysis and discussion. Students could work in pairs to create posters with paper/pencil/markers rather than electronic presentations.
Students could display posters around the room and visit each poster “station” to hear from the groups. One member of each pair would stand with their poster to present. The other member would circulate to hear from each of the other presenters at their station.
Students would switch from presenter to observer halfway through the period so that each student had the opportunity to present, and each would have the opportunity to observe and learn.
For past Constitution Day materials, go here
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