Freedoms: The First Amendment
A Proposal for the 2011-2012 Common Experience
Submitted by:
Dr. Gwynne Ash
Dr. Vicki Brittain
Dr. Kym Fox
Dr. Janet Hale
Mr. Ted Ingwersen
Ms. Lanita Legan
Dr. Vincent Luizzi
Mr. Twister Marquiss
Dr. Gilbert Martinez
Ms. Diann McCabe
Ms. Monica Michell
Dr. Rosanne Proite
Dr. Pam Wuestenberg
Curriculum and Instruction
Political Science
School of Journalism
McCoy College of Business
Housing and Residential Life
LBJ Student Center
Department of Philosophy
English/Center for the Southwest
School of Journalism
University Honors Program
Speech and Theatre
Housing and Residence Life
University Seminar
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.”
Background Research
A University of Connecticut survey conducted for the John S. and James L. Knight Foundation
found:
75% of students do not know how they feel about the first amendment or take it for
granted
Students support individual free expression, but are less supportive of others rights to the
same free expression
More students are turning to the internet to find their news. The definition of their news
is not much different than their parents.
50% of students believe the government can censor the Internet.
The First Amendment Center has commissioned an annual national survey of American attitudes
about the First Amendment since 1997. The State of the First Amendment 2009 is the 13th
survey in this series.
39% of Americans could not name any of the freedoms of the First Amendment
36% of Americans say information on the internet and sources maintained by local news
media can be trusted equally.
17% of Americans find Twitter is a reliable news source (49% say they do not know
enough about Twitter to form an opinion)
Though nearly half (48%) of Americans say the press has about the right amount if
freedom, 39% say it has too much freedom to do what it wants while only 7% say it has
too little freedom.
40% of Americans say there should be a constitutional amendment banning flag-burning
as a form of political dissent.
Two-thirds of Americans disagree that the news media try to report the news without
bias. Only 27% agree that the media do try to report news without a bias. Five years ago
in 2004, 58% disagreed with this statement and 39% agreed.
(Available at: http://www.firstamendmentcenter.org/pdf/SOFA2009.analysis.tables.pdf)
Recently, “the State Board of Education rejected a proposal that would have required Texas
students to study the reasons behind the prohibition of a state religion…Mavis Knight, D-Dallas,
said all she was trying to do in the proposal was to let students study the First Amendment
language that states: ‘Congress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof.’”
(Terrence Stutz at The Dallas Morning News. March 12, 2010)
Interdisciplinary Theme
The First Amendment protects the basic freedoms of religion, expression (speech), press, and
assembly and is an appropriate theme for the 2011-2012 Common Experience. All Texas State
departments, offices and organizations are affected by the First Amendment freedoms, which
allows for a cross-disciplinary, cross-campus and multi-organizational conversation.
The multiple and cross-disciplinary discussion and examination of the First Amendment will
allow students, faculty and staff to understand the Founding Fathers intentions regarding basic
freedoms.
Collaborative Potential
University
Taylor-Murphy Lecture Series
University Film Series
University Art Gallery
Fall speaker collaboration with Mass Comm Week
Spring event with Speech Communications Week
Juilliard Joins Texas State
Honors Art Gallery
Common Experience Fall and Spring Speaker
San Marcos Library
Music
Texas State is the recipient of the Molly Ivins personal library. “Texas Observer editor
and nationally syndicated columnist Molly Ivins (1944-2007) spoke her mind in articles
about politics, Texas and anything else that struck her sharp-witted fancy.”
(http://ecommons.txstate.edu/cgi/viewcontent.cgi?article=1025&context=libstaff)
To honor Molly and the freedom of the press, Dr. Wayne Oquinn proposes to feature
music that personifies the spirit and tenacity of Molly Ivins in the annual “Juilliard Joins
Texas State” concert in the spring.
Theatre
“Sinners and Saints” – an original play by Monica Michell. A play about social media
and first amendment
“Candelstein” an original play by Charles Pascoe. A play about the First Amendment
Films
The First Amendment Project. Sundance Channel and Court TV present films from THE
FIRST AMENDMENT PROJECT, a highly innovative and wildly entertaining anthology
of original films that challenges viewers to examine their understanding of civil liberties.
Directed by such award-winning indie filmmakers as Chris Hegedus (The War Room)
and Mario Van Peebles (BaadAsssss!), these films explore such headline-grabbing First
Amendment cases as political comedian Al Franken's hilarious battle with Fox News
over a ridiculous trademark infringement.
“Deep Throat and the First Amendment” Firing Line with William F. Buckley Jr.
Inside the Amish Swartzentruber Sect is a documentary that was filmed in the Amish
communities of St. Lawrence County, NY about the ongoing religious freedom struggles
between the Amish and the non-Amish in Northern New York. The documentary
examines the Miller child abuse scandal and the Morristown building permit cases. It
further evaluates the culture, religion, abuse from non-Amish, and simple life encounters.
In Their Own Words: Conversations with Supreme Court Justices: This compilation
features conversations with Supreme Court justices and senior NewsHour
correspondents. Justices Breyer and O'Connor discuss judicial independence. In a
separate segment Justice Breyer talks about his book "Active Liberty." Justice O'Connor
discusses her historic appointment, women in the legal profession and her childhood.
David Gergen talks to Chief Justice William Rehnquist about civil liberties and his book,
"All the Laws But One." Jim Lehrer engages retired Justice Lewis Powell about cases
that faced him while on the Court.
Panels
Perspectives of Freedom: Panel consisting of ROTC Commanders, Veterans, Faculty with Law
Degrees
Potential Speakers
(information found at Wikipedia)
Sandra Day O’Connor - Former Supreme Court Justice
An American jurist who was the first female member of the Supreme Court of the United
States. She served as an Associate Justice from 1981 until her retirement from the Court
in 2006. O'Connor was appointed by President Ronald Reagan in 1981.[2]
Prior to O'Connor's appointment to the Court, she was an elected official and judge in
Arizona.[3]
O'Connor is Chancellor of The College of William & Mary in Williamsburg, Virginia,
and serves on the board of trustees of the National Constitution Center in Philadelphia,
Pennsylvania.
In 2001, the Ladies' Home Journal ranked her as the second-most-powerful woman in
America.[5] In 2004 and 2005, Forbes magazine listed her as the sixth- and thirty-sixthmost-powerful woman in the world. On August 12, 2009, she was awarded the
Presidential Medal of Freedom, the highest civilian honor of the United States, by
President Barack Obama.
Leonard Pitts Awarded the 2004 Pulitzer Prize for commentary. He was also a finalist for the Pulitzer
Prize in 1992. In 1997, Pitts took first place for commentary in division four (newspapers
with a circulation of over 300,000) in the American Association of Sunday and Feature
Editors' Ninth Annual Writing Awards competition. The Society of Professional
Journalists, the National Association of Black Journalists and the Simon Wiesenthal
Center, among others, have honored him. He is a five-time recipient of the National
Headliners Award. In 2001, he received the American Society of Newspaper Editors
prestigious ASNE Award For Commentary Writing and was named Feature of the Year
Columnist by Editor and Publisher magazine. In 2002, the National Society of
Newspaper Columnists awarded Pitts its inaugural Columnist of the Year award. Also in
2002, GLAAD Media awarded Pitts the Outstanding Newspaper Columnist award.
Anderson Cooper
An American journalist, author, and television personality. He currently works as the
primary anchor of the CNN news show Anderson Cooper 360°. The program is normally
broadcast live from a New York City studio; however, Cooper often broadcasts live on
location for breaking news stories.
Peter Scheer – The First Amendment Coalition- Executive Director
Margot Cho – Asian-American Comedian
Margaret recently received a First Amendment Award from the ACLU of Southern California.
She has also been honored by GLAAD, American Women in Radio and Television, the Lambda
Legal Defense and Education Fund, the National Gay and Lesbian Task Force (NGLTF), the
Asian American Legal Defense and Education Fund (AALDEF), PFLAG and the National
Organization for Women (NOW) for "making a significant difference in promoting equal rights
for all, regardless of race, sexual orientation or gender identity."
James Goodale — he represented The New York Times during the Pentagon Papers case and is a
prominent First Amendment lawyer based in New York
John Seigenthaler – founder of the First Amendment Center
Charles Overby — chairman and chief executive officer of the Freedom Forum
Gene Policinski -- vice president and executive director of the First Amendment Center
Greg Lukianoff — president of the Foundation for Individual Rights in Education (FIRE)
Samantha Harris — FIRE’s director of speech code research
Joan E. Bertin — executive director of the National Coalition Against Censorship
Examples of First Amendment Discussion Topics
A Supreme Court case challenges whether a federal law that prohibits the sale or
ownership of animal cruelty materials violates the First Amendment's free speech clause.
Prisoner’s First Amendment Rights
Internet filters and Public Libraries – (article by David L. Sobel)
Public Employees and Public Speech
Campaign Finance Reform and the First Amendment – (article by Tony Mauro)
Government Secrecy vs. Freedom of the Press
The Privacy Problem: A broader view of information privacy and the costs and
consequences of protecting it – by (Fred H. Cate)
Partnership or peril? Faith-Based Initiatives and the First Amendment – (article by Oliver
Thomas)
Religion in American History: What to Teach and How –(Charles C. Haynes)
Freedom of the Press - The press’s right to information about defendants and trials
Privacy rights of celebrities and professional athletes
Academic Freedom
Regulation of Obscenity
Religion clauses and the First Amendment of the Constitution
Science and the freedom of speech
The Thomas Jefferson Center. First Amendment Write (poetry and song writing) contest
DETAILS OF THE 2010 COMPETITION WILL BE POSTED IN JULY 2010.
http://www.tjcenter.org/writes/#2009_First_Amendment_Writes
Suggested Summer Reading Books
I am America (and So Can You!). Stephen Colbert.
“Realizing that it takes more than thirty minutes a night to fix everything that's destroying
America, Colbert bravely takes on the forces aligned to destroy our country—whether
they be terrorists, environmentalists, or Kashi brand breakfast cereals. His various targets
include nature (I've never trusted the sea. What's it hiding under there?), the Hollywood
Blacklist (I would have named enough names to fill the Moscow phone book), and
atheists (Imagine going through life completely duped into thinking that there's no
invisible, omniscient higher power guiding every action on Earth. It's just so arbitrary!).
Colbert also provides helpful illustrations and charts (Things That Are Trying to Turn Me
Gay) [and] a complete transcript of his infamous speech at the 2006 White House
Correspondents' Dinner [...] all of which add up to a book that is sure to be a bestseller
and match the success of Colbert's former Daily Show boss Jon Stewart's America (The
Book)”. (Oct.)
Holy Hullabaloo: A Road Trip to the Battleground of the Church/State Wars. Jay Wexler
“Boston University law professor Wexler is also a published humorist. This felicitous
combination of talents is put to good use as he visits the towns and cities where the
always controversial cases concerning separation of church and state arise. Wexler’s
lucid explications of difficult constitutional concepts and the vagaries of Supreme Court
rulings are superb, providing readers a deeper understanding of the First Amendment and
Supreme Court jurisprudence. But that’s only half the story. Wexler is laugh-out-loud
funny as he narrates his odyssey through battleground sites from rural Wisconsin through
Texas to the chambers of the U.S. Senate. Along the way he happily and with a usually
generous spirit skewers Supreme Court justices, legislators, educators, law school
professors and pretty much anyone else, including himself, who has ever taken a position
on the enduring American controversies surrounding prayer in schools, religious displays
on public property, or the teaching of evolution. This is a rare treat, a combination of
thoughtful analysis and quirky humor that illuminates an issue that rarely elicits a
laugh—and that is central to the American body politic.” (June)
Copyright © Reed Business Information, a division of Reed Elsevier Inc. All rights
reserved.
Freedom for the Thought That We Hate: A Biography of the First Amendment. Anthony Lewis.
Basic Books; First Trade Paper Edition (January, 2010)
“The First Amendment's injunction that Congress shall make no law... abridging the
freedom of speech, or of the press seems cut and dried, but its application has had a
vexed history, according to this lucid legal history, Lewis's first book in 15 years (after
Make No Law and Gideon's Trumpet). Some suppressions of free speech passed
constitutional muster in their day: the 1798 Sedition Act criminalized criticism of the
president, and the WWI-era Sedition Act sentenced a minister to 15 years in prison for
telling his Bible class that a Christian can take no part in the war. Law professor and
Pulitzer Prize–winning ex-New York Times columnist Lewis explores other First
Amendment legal quagmires, including libel law, privacy issues, the press's shielding of
confidential sources, obscenity and hate speech. Not quite a free speech absolutist, he's
for punishing speech that urges terrorist violence to an audience ... whose members are
ready to act. Lewis's story is about the advancement of freedom by the likes of Oliver
Wendell Holmes Jr., Louis Brandeis and others whose bold judicial decisions have made
the country what it is. The result is an occasionally stirring account of America's evolving
idea of liberty.”
Copyright © Reed Business Information, a division of Reed Elsevier Inc. All rights
reserved.
All book reviews are found at Amazon.com under the author’s name.
