The importance of an independent and active press
by Matthew Smith
Title
The importance of an independent and active press
Description
Having a press that is independent and active enough to hold the government accountable has long been considered important for the proper functioning of a democracy. In fact, although the benefits of an active, adversarial press has come under fire, recently, many people (even public officials) have argued that a press that actively challenges public officials for the truth is a necessity for our own democracy to work at all.
This lesson provides some thoughts from public officials and others about the importance of an independent and active press and then asks students to weigh in on these perspectives and consider the state of the free press today and how important it still is and why. This lesson could be applicable in any class that discusses the press or government (including journalism, social students or English classes).
Objectives
- Students will recognize the relationship between an independent press and the functioning of a democracy
- Students will discuss and demonstrate the effect of an independent press on their own lives
- Students will see the importance of the press and its being the watchdog of the government.
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.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. |
| CCSS.ELA-LITERACY.RI.11-12.9 | Analyze seventeenth-, eighteenth-, and nineteenth-century foundational U.S. documents of historical and literary significance (including The Declaration of Independence, the Preamble to the Constitution, the Bill of Rights, and Lincoln’s Second Inaugural Address) for their themes, purposes, and rhetorical features. |
Length
50 minutes
Materials/Resources
Video: Importance of an Independent and Active Press
Handout: Importance of an Independent and Active Press
Prompts: Importance of an Independent and Active Press Discussion
Activity/lesson Step by Step
Step 1 — Introduction (1-2 minutes)
Briefly introduce the topic of the relationship between an independent and active press and the proper functioning of a democracy (feel free to use the language provided at the top of the “Importance of an Independent and Active Press Handout”).
Step 2 — Video (5 minutes)
Play the “Importance of an Independent and Active Press Video.”
Step 3 — Reaction (5 minutes)
Ask for some brief student reactions to the video (feel free to use any of the suggested prompts, below):
-
- How do public officials seem to feel about the press?
- What are some reasons given in support of a free press, even if they don’t always like what they do?
- What can a press (free from government control and active enough to bug public officials about things, even if it’s unpleasant) provide for citizens in a democracy?
Step 4 — Reading (5 minutes)
Pass out the “Importance of an Independent and Active Press Handout.” Ask students to read through the handful of additional views expressed for further discussion.
Step 5 — Discussion preparation (5 minutes)
Pass out the “Importance of an Independent and Active Press Discussion Prompts” and ask students to complete the front.
Step 6 — Pair or small group discussion (5 minutes)
Have students discuss/compare their answers/reactions in pairs or small groups. (Consider having groups put a “+” symbol next to the statement that the entire group mostly agrees with and a “-” symbol next to the statement the group most disagrees with and wishes to discuss in front of the class.)
Step 7 — Large group discussion (20 minutes)
Have students (and/or groups) share responses to the prompts from the handout.
(Consider calling on specific groups/students to discuss and explain the statement they put a “+” or “-” symbol next to. If some students repeatedly take the side of limiting the press or allowing government officials to stop particular debates, it would be helpful to refer back to the main points made in the quotes provided, especially in the handout. Students don’t need to come away convinced the press should be as free and/or active as possible, but they should understand and appreciate the reasons many officials/experts have given for supporting such a press, even if they don’t agree with them or believe most of the press is evil in some way. It may be especially helpful to refer back to Hannah Arendt’s passage and propose back to the students and/or class, what the danger is in citizens coming to believe that everyone is lying. What benefits can a trustworthy press provide? Why? What would it be like if there was no press at all, or if all press was owned/run by the government? These questions may help re-direct discussions if necessary.)
Step 8 — Assessment (5 minutes)
Require students to respond to the following final exit-ticket prompt on the back of the discussion prompt sheet:
-
- How important is the existence of an Independent and active press to your life, today? Explain why.
Differentiation
If time is short, you could drop either the video or handout and complete the discussion prompts and discussion with only one set of quotes.
If more background is needed by students on press rights, you may have the class view “Freedom of the Press: Crash Course Government and Politics #26” (https://www.youtube.com/watch?v=Vtpd0EbaFoQ) before this lesson.
Assessment
Skim through the “exit ticket” responses to judge understanding of the reasoning provided.
Extension
In a future class, you could further discussion by providing (anonymously) some of the responses to the exit-ticket question and asking for some additional thoughts related to those.
Students could also be asked to find one additional quote concerning the free press that they most agree (or disagree) with and then explain why. Some decent sources of additional quotes would be the following:
Article, Speaking of a Free Press, American Newspaper Association Foundation
Wiki website, Freedom of the Press
Brainy Quotes website, Free Press Quotes
Particularly if this is for a journalism class, students could be asked to evaluate their own publication and how well it has kept students informed about the local school powers (administrators, district officials, etc.) and possibly how well they have been active in holding them accountable (in an objective, truth-based manner). What are some stories (or some information) that have been missed and/or should be covered? What are some questions that should be asked of local school community leaders?
Read MoreForum status of student media: Quick Tip1
Policy
If you’re developing a new policy, the Scholastic Press Rights Committee recommends using language something like this:
[Name of publication] is a designated public forum for student expression. Student editors make all content decisions without prior review from school officials.
Key points/action: In the post-Hazelwood world, it is more important than ever for student journalists and their advisers to know what policies their school has adopted relating to student publications or student expression.
[pullquote]Quick Tips are small tidbits of information designed to address specific legal or ethical concerns advisers and media staffs may have or have raised. These include a possible guideline, stance, rationale and resources for more information. This is the first in the series. [/pullquote]
The language of those policies (whether they give editorial control to students or keep it in the hands of school officials) and the amount of freedom that students have traditionally operated under at the school can determine whether Hazelwood or Tinker sets the standard for what school officials will be allowed to censor.
A designated public forum is created when school officials have “by policy or by practice” opened a publication for use by students to engage in their own free expression.
Often the most important question in that analysis is which of two First Amendment standards they have to meet.
- The Tinker standard (as defined by the case Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969)), which says schools can censor only if their actions are necessary to avoid a material and substantial disruption of school activities or an invasion of the rights of others. This language may sound vague, but as the courts have interpreted it, the Tinker standard is a very difficult one for school officials to meet and typically requires them to show evidence of physical disruption before their censorship will be allowed.
- The Hazelwood standard (as defined by the case Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988)), which says schools can censor if their actions are reasonably related to legitimate educational concerns. Although this standard requires school officials to justify every act of censorship as educationally sound, it is a standard that gives school officials more extensive authority to silence or punish student expression.
Stance: Of the three types of forums, open public, limited public and closed, JEA strongly endorses the designated (open) public forum concept.
In the Hazelwood case, the Court said it believed both the policy and practice at Hazelwood East High School reflected school officials’ intent to exercise complete control over the student newspaper’s content. That finding prompted the Court to say a designated public forum did not exist.
Student publications at other schools with different policies and different practices relating to editorial control can be public forums. Where student editors have been given final authority over content decisions in their publications or where a school policy explicitly describes a student publication as a designated public forum, the Tinker standard will still apply.
Reasoning/suggestions: If you’re developing a new policy, the Scholastic Press Rights Committee recommends using language something like this:
[Name of publication] is a designated public forum for student expression. Student editors make all content decisions without prior review from school officials.
Two things are important about the phrasing of this policy statement. First is the use of the words “designated public forum” as opposed to “limited public forum” or other similar language. Although many once believed the two phrases were interchangeable, some recent court decisions have suggested that using the word “limited” opens the door to school censorship as permitted under Hazelwood.
Second, using the phrase “student editors make all content decisions” is in many ways a clearer restatement of the meaning of “designated public forum.” It conveys the intent behind the public forum phrase anyone unfamiliar with the relevant Supreme Court rulings should understand.
To help schools understand what we consider public forums, please note these definitions:
- Forums by policy: An official school policy exists that designates student editors as the ultimate authority regarding content. School officials actually practice this policy by exercising a “hands-off” role and empowering student editors to lead. Advisers teach and offer students advice, but they neither control nor make final decisions regarding content.
- Forums by practice: A school policy may or may not exist regarding student media, but administrators have a “hands-off” approach and have empowered students to control content decisions. Advisers teach and offer students advice, but they neither control nor make final decisions regarding content.
Resources
When your publication is a public forum and when it is not, Mark Goodman, Knight chair in Scholastic Journalism
Choosing your forum status is like choosing the best medicine, JEA Scholastic Press Rights Committee
Read More
No license, no car
by Stan Zoller, MJE
One of my favorite arguments, if one can have such an entity, is with other journalism educators regarding how they start their course.
While in the midst of this discussion a number of years ago, one adviser told me she always starts with interviewing and then moves into journalistic history.
And what about journalistic laws and ethics?
“Oh,” she said, “I cover those later in the course.”
I was reminded of this discussion while teaching at a recent workshop. My students were all editorial leaders and during our discussion of prior review, prior restraint and New Voices legislation, both the Tinker and Hazelwood cases (naturally) came up.
To my dismay none of the students were familiar with either of these cases.
Where, pray tell, were their journalism teachers and/or advisers?
While some students were working on club media, or had small programs, there obviously has to be a faculty member or administrator involved. They should, at the very least, be familiar with both Tinker and Hazelwood so they can provide guidance to the student journalists.
They apparently don’t. Unfortunately, several students told me content for their media is prior reviewed and, as one student said, needs to be written so it presents the school in a positive light.
[pullquote]
Why is it important to start with the fundamental press law and ethics? I like to equate it to driver’s education – you don’t get the keys to the car and go on the road until you know the rules of the road.
[/pullquote]
I can hear Fred Rogers saying “Can you say PR tool, boys and girls? I knew you could.”
Why is it important to start with the fundamental press law and ethics? I like to equate it to driver’s education – you don’t get the keys to the car and go on the road until you know the rules of the road.
While Tinker and Hazelwood are not the foundation of press law, when it comes to scholastic journalism, they are an essential part of the foundation. All journalists should know the basics of media ethics and law before they go on an interview, take a picture or start recording video.
This is not breaking news, but journalists, in this case beginning with scholastic journalists, need to realize laws tell journalists what they must do while ethics guide scribes to what they should do. This is why it’s paramount to make sure journalism students are well versed in these fundamentals before they start their work as journalists.
The basics of both the Tinker case Tinker Decision and Hazelwood case Hazelwood decision will help students understand the scope of what administrators can – and cannot do. JEA members can find additional information about both cases in the JEA curriculum at JEA curriculum
If scholastic journalists are going to be prepared to deal with issues related to prior review, prior restraint and the scope of New Voices registration, they need to have the basics down pat.
Not sure?
Ask yourself – would you ride with someone who never took driver’s ed?
A complete look at key cases, including Tinker and Hazelwood, can be found at JEA’s Scholastic Press Rights Commission’s web site, Scholastic Press Rights Commission
Read More
Five ways we can help you
by Lori Keekley
May 1, Loyalty Day. Too-many-days-left-to-count-down-the-end-of-the-school-year day …
No matter what it is, here are five ways JEA’s SPRC can help you (and your students) now.
1. We’re here for you. Whether it’s to study for an upcoming CJE or MJE exam or to help research in a case of censorship, we work to help you and your students.
2. We’re here for your students. If they (or you) find you are in a situation of need, please hit the Panic Button. Someone will answer your request within 24 hours. (It’s usually as soon as we see the email.)
3. Planning for next year? The Foundations Package is a great place to start. This resource helps by providing some starting points for creating a staff manual that includes a media- or board-level policy, ethical guidelines and procedures.
4. It’s never too early to start thinking about Constitution Day. We will release new materials Aug. 20 to help you celebrate this federally mandated event.
5. We will continue to support the First Amendment and its application in schools through our support of New Voices campaigns, First Amendment Press Freedom Award and the passage for board statements.
Please let us know if you need something or think of another way we can help you. We are happy to help
Read MoreThe importance of student free expression
and widespread information on legislation
As journalism teachers, we know our students learn more when they make publication choices. Prior review or restraint does not teach students to produce higher quality journalism.
As journalism teachers, we know the only way to teach students to take responsibility for their decisions is to give them the responsibility to make those decisions freely.
As journalism teachers we also know democracy depends on student understanding all voices have a right to be heard, knowing they have a voice in their school and community and keeping both informed.
[pullquote]As journalism teachers, we know the only way to teach students to take responsibility for their decisions is to give them the responsibility to make those decisions freely.[/pullquote]
“America needs ‘informed communities,’ places where the information ecology meets people’s personal and civic information needs,” reported a 2009 Knight Commission on the Information Needs of Communities in a Democracy, “They need information to participate fully in our system of self-government, to stand up and be heard. Driving this vision are the critical democratic values of openness, inclusion, participation, empowerment, and the common pursuit of truth and the public interest,” the Informing Communities: Sustaining Democracy in the Digital Age report indicated.
Recent passage of New Voices legislation in Illinois and Maryland and steps to pass similar bills in numerous states point to the importance of student free expression. Attempts also point to a need for students to engage their communities so all know about the importance of such legislation.
[pullquote]Whether advisers and students live in a state where legislation has passed or in a state where legislation is an active project, the accompanying materials can be used to strengthen the understanding of legislation, deepen the resolve for passage or reinforce communities’ understanding and thus support for student free expression.[/pullquote]
Whether advisers and students live in a state where legislation has passed or in a state where legislation is an active project, they can use the materials in this package to strengthen the understanding of legislation, deepen the resolve for passage or reinforce communities’ understanding and thus support for student free expression.
Sometimes, despite legislation and all the best intentions, censorship and other limitations of guaranteed rights occurs. The accompanying resources are also designed to help student journalists, their advisers and administrators provide answers about the importance and benefits of student freedom expression.
Resources can help provide additional background on student free expression and approaches to information your communities need to know about the importance of such freedom, including passage of free expression legislation.
- Contents of this package:
- Importance of state legislation: Although many educators and advocates think of the First Amendment (and the court decisions interpreting it) as the most important tool for interpreting student press rights, there is another equally important source of law: state statutes.
- Why protecting student free expression is important: Students and advisers in states with recent freedom of expression legislation may want to inform their communities of educational rationale for the legislation. Additionally, those states working to pass such legislation might want to use the same points to gain support
- Talking Points: With legislation giving students decision-making power over their student media comes questions about roles, purpose and standards. If the school cannot make content decisions who is responsible? What is the role of the adviser? Of students? If the adviser cannot control content, what guidelines will students follow and why?
- Breakdown of Illinois HB5902: Showing what the bill’s language means.
- Tips for engaging communities: With new legislation, or attempts to pass it, comes the need for ways to engage those who would support it. The ways can run from concept to concrete and can be delivered in many approaches with details determined locally.
- Legislation terminology: A compilation of important terminology so everyone can better understand the language and issues surrounding student free expression language.
- What to do if school officials threaten censorship: Even though state legislation can provide protection, sometimes others do not understand that and need further education. Use a friendly and informative approach and help them understand. Here are some steps we recommend.
- Sample press release on state legislation: Another option for letting your various communities know about the benefits of free expression legislation is to create a press release to media, civic groups, school board and others.
- Resources on state legislation: Links to additional information and contacts.
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Read More