Media, Politics, and Government Freedom of the Press “Congress shall make no law…abridging the freedom… of the press…” Origins of freedom of the press: • Influence of the printing press • Ideals of the Enlightenment • Pamphlets and papers during the American Revolution Colonial-era printing press 2 What Is the Press? Traditional forms: • • • • Newspapers Magazines Pamphlets Posters Non-traditional forms: • Radio • Television • Internet 3 Free Press: Essential to Democracy • The media as the “fourth branch” of government • Important benefits of a free press: — Open expression of ideas — Advances collective knowledge and understanding — Communication with government representatives — Allows for peaceful social change — Protects individual rights 4 Freedom of the Press: History • Original intent of the First Amendment was to protect political discussion • Limitations on freedom of the press: Original text of the Alien and Sedition Acts (1798) — Alien and Sedition Acts (1798) — Courts defined the scope of freedom of the press • Identifying a “clear and present danger” and clarifying libel • Protection against prior restraint 5 Confidentiality of Reporters’ Sources • Reporters do not have the same legal protections as doctors or lawyers when it comes to sources • “Shield laws” • Reporters sometimes face contempt-of-court charges if they refuse to reveal a source 6 Freedom of the Press: Key Court Cases • John Peter Zenger (1735) • Near v. Minnesota (1931) Minute sheet from the trial of John Peter Zenger 7 Freedom of the Press: Key Court Cases (continued) • New York Times v. Sullivan (1964) • New York Times v. U.S. (1971): “Pentagon Papers” • Sheppard v. Maxwell (1966) 8 Freedom of the Press: Confidentiality of Sources • Reporters hold source confidentiality as essential to the existence of a free press • Sources more likely to come forward if kept anonymous Supreme Court cases: • Branzburg v. Hayes (1972) • Recent cases involving reporter/source confidentiality (2005) 9 Discussion Questions 1. Discuss how the printing press revolutionized the spread of information. What kinds of changes did it make in how people learned and what they could do with information? 2. Describe how the media serves as a “fourth branch” of government and review the benefits of a free press. 10 Discussion Questions (cont.) 3. Identify the restraints placed on the press by the courts and government. Do you feel these restraints are justified? Why or why not? 4. Discuss the merits and drawbacks of reporter confidentiality. Do you feel reporters have a constitutional right to keep their sources secret? 11 Student Publications • 1930s: Student publications appear in high schools and colleges • Post-World War II: Student newspapers become part of school classes • Most articles focus on school events: activities, sports, social life, and student achievement • Articles deemed controversial raise questions for school administrators 12 Student Publications (continued) • State and federal courts have ruled that the First Amendment forbids nearly all censorship of college student publications • Tinker v. Des Moines School District (1969) established criteria that allows censorship of student publications if: — publication would result in substantial disruption of normal school activities — publication would violate the rights of others • Schools may not censor material merely because it is controversial or critical of the school or administration 13 Student Publications (continued) Hazelwood School District v. Kuhlmeier (1987) distinguishes between publications by students and adults: • School-sponsored publications are part of an academic program • Schools can censor publication of material inconsistent with its basic educational mission 14 Student Access: The Internet • Internet filters: control access to information • The Children’s Internet Protection Act (2000) applies to libraries and public schools • United States v. American Library Association (2003) 15 New Media Old way: • Expensive printing presses and materials were available only to a few information providers who controlled the content and delivery of information New way: • Computers and high-speed Internet connections allow anyone to be an information provider • Computers accelerate the amount of information through different delivery methods • Two-way communication allows for near-instantaneous 16 responses New Media (continued) • “Wikimedia” meet the need for people to participate in the news • Instantaneous, on demand, and tailored to their liking • Sources are interactive so the consumer can respond directly to the provider • Information consumers can also be information producers 17 New Media: Student Access • Blogs, chat rooms, and Web sites offer opportunities to become an information provider • Student documentaries and news programs • Effects on students’ role in a democratic society 18 Discussion Questions 1. Summarize the Supreme Court’s guidelines for censoring public-school publications as defined in Tinker v. Des Moines School District. 2. What was the court’s general reasoning in the Tinker decision? Do you agree or disagree with this opinion? Why or why not? 3. What was the court’s reasoning in the Hazelwood case? Do you think school officials should have the right to censor student publications they feel are inconsistent with the school’s basic educational mission? 4. Describe the pros and cons of Internet filters as used in schools and public libraries. Are you for or against the use of filters in these places? Why? 5. How does new media differ from old media? 19 The Role of Media in Politics: Colonial Era • Early colonial newspapers • John Peter Zenger Publick Occurrences, published September 25, 1690 James Franklin’s New-England Courant (August 7, 1721) 20 The Role of Media in Politics: Colonial Era (continued) Between 1750 and 1775, newspapers expressed increasingly strong points of view Benjamin Franklin’s “Join or Die” woodcut from The Pennsylvania Gazette (May 9, 1754) 21 The Role of Media in Politics: Post-Independence • Political factionalism: Federalists vs. DemocraticRepublicans • Alien and Sedition Acts A Federalist paper’s cartoon attacking Thomas Jefferson 22 The Role of Media in Politics: Abolition and Women’s Rights Masthead of The Liberator (May 21, 1831) • The birth of the alternative press • The Liberator • The North Star • The Lily • The Revolution Masthead of Frederick Douglass’s The North Star 23 The Role of Media in Politics: Goals • Informing the public • Setting a policy agenda New York World headline from the 24 Spanish-American War The Role of Media in Politics: Goals (continued) • Serving as watchdog • Presenting a forum for the exchange of ideas Police drag away a civil rights protester President Nixon leaving the White House after his resignation 25 Discussion Questions 1. What was the biggest obstacle early colonial newspapers faced in printing stories about the government? 2. What role did newspapers play during the American Revolution? Do you think they were responsible for the colonists’ victory? Why or why not? 3. Describe the partisan politics many papers participated in following independence. How did the Alien and Sedition Acts work to stop people from attacking the government? Do you feel these acts were constitutional? Why or why not? 26 Discussion Questions (cont.) 4. Explain the reasons an alternative press emerged to discuss and promote the issues of abolitionism and women’s rights. What were some of these publications, and how effective do you think they were in promoting their viewpoints? 5. Review the four role overarching goals of the media in politics: informing the public, setting the policy agenda, serving as watchdog, and presenting a forum for an exchange of ideas. How do these roles relate to one another? Which do you feel is the most important? 27 Public Officials’ Use of the Media: Newspapers • The “penny press” brought the news to everyone • Early political parties sponsored newspapers to promote their messages • “Yellow journalism” sensationalized and even staged events Joseph Pulitzer William Randolph Hearst 28 Public Officials’ Use of the Media: Radio • Radio as a tool for political communication • President Franklin Roosevelt’s “fireside chats” FDR giving a “fireside chat” 29 Public Officials’ Use of the Media: Television • “Eisenhower Answers America” Opening shot of Eisenhower’s commercial 30 Public Officials’ Use of the Media: Television (continued) • Nixon’s “Checkers speech” Nixon delivering the “Checkers speech” 31 Public Officials’ Use of the Media: Live Television • The Nixon–Kennedy debates • President Kennedy and his use of television — Facing his doubters — Presidential press conferences Scenes from the 1960 NixonKennedy debate 32 Public Officials’ Use of the Media: Live Television (continued) • Ronald Reagan: “The Great Communicator” 33 Public Officials’ Use of the Media: Advertising Techniques Attack advertising • “Daisy Girl”: Lyndon Johnson’s 1964 presidential campaign A shot of the “Daisy Girl” from LBJ’s 1964 ad 34 Public Officials’ Use of the Media: Advertising Techniques (continued) Attack advertising • Willie Horton: George H.W. Bush’s 1988 presidential campaign The “infomercial” • Ross Perot’s 1992 presidential campaign Bush’s “Willie Horton” ad Perot campaigning on television 35 Public Officials’ Use of the Media: Government-Sponsored News • Stories sponsored by government agencies to inform the public • News or propaganda? • GAO report • Columnists paid by government agencies to endorse programs • Practice misleads American public 36 Public Officials’ Use of the Media: Leaks • Thomas Paine: one of the first leakers • Leakers: heroes or traitors? • Leaks by the government itself — Announce upcoming events — Discredit political opponents Thomas Paine 37 Discussion Questions 1. How did 19th-century political parties get their message to the public when the established papers wouldn’t carry it? What effect did this approach have on shaping public opinion in the days of yellow journalism? 2. Describe how radio gave Franklin D. Roosevelt an advantage over past presidents in promoting his policies. 3. In what way were the visual techniques used in the “Eisenhower Answers America” political ads as effective in promoting Dwight Eisenhower as the answers he gave? 4. Why did Richard Nixon give his “Checkers speech”? Why do you think it appealed so much to the American public? 38 Discussion Questions (continued) 5. Describe how Presidents Kennedy and Reagan used television as an effective tool in promoting their policies. 6. What are attack ads? Do you think they are effective in a political campaign? Do you think such ads are fair? 7. What problems do citizens encounter when the government creates its own news stories? Do you think some people would rather hear news produced by the government than by the news media? Why or why not? 8. Discuss the benefits and drawbacks of news leaks. Do you support government news leaks? Why or why not? 39 New Media in Politics and Government • The potential of new media • Government Web sites, email, and blogs • A Jeffersonian democracy in cyberspace The home page of the U.S. House of Representatives 40 New Media in Politics and Government (continued) • Virtual political campaigns • Howard Dean’s 2004 presidential campaign Howard Dean’s Web site during his 2004 presidential campaign 41 New Media in Politics and Government (continued) What impact will new media have on government leaders, citizens, and policy? • Will government officials listen more to the people? Will they respond to calls for change? Will they replace negative actions with better behavior? • Will citizens become more informed or more tolerant? Will they feel that their voices are being heard? Will it be easier for them to organize and take action? • Will policy itself reflect a broader consensus of the citizens and not just private interests? Will new policies contain new and different ideas? Will such policies actually improve the situation 42 or conditions under which people live?