Freedom of Speech and
Press:Can Freedom of Speech and Press
and Speech ever be limited?
1st Amendment
14th AmendmentRight to free
expressionCan be written or
spokenProtects expression of
unpopular views
No state can deny any person the right that is “basic or essential to the American concept of ordered liberty”
All people are protected
Limits on Freedom of Speech and Press
Mean Girls • Burn Book
Libel v. Slander v. Sedition•Libel •False and malicious use of printed words
•Slander•The false and malicious use of spoken words
•Sedition•Attempting to overthrow the government by force or to disrupt its lawful activities by violence
Example of Sedition…..• 9 Militia members from group called Hutaree• March 2010• Alleged to attack police• Create widespread uprising • Use weapons of mass destruction• Michigan based group
What about Public figures? Should they be held to the same standards?
Public Figures•Held to a higher standard•Choose to enter the public life and scrutiny •Private citizens do not
•Public figures include who?•Examples……
WHEN IS IT CONSIDERED SLANDER/ LIBEL?
1. Usually told/printed to a third party 2. Injures a persons reputation3. Implied to be factual 4. Must be false5. Knowingly intended to do harm
•A local newspaper published false attacks against a local restaurant owner portraying as being a “thief, vindictive, ill-tempered, foul-mouthed, and cruel.” Usually told/printed to a third party Injures a persons reputation Implied to be factual Must be false Knowingly intended to do harm
Slander Libel Neither
•A teacher sued newspaper over an article published about parents' allegations that she withheld student audition tapes for a state musical competition embarrassing her.
Usually told/printed to a third party Injures a persons reputation Implied to be factual Must be false Knowingly intended to do harm
Slander Libel Neither
“The Onion” reported that “Obama Returns From India With These Gross Candies For Everyone”
Usually told/printed to a third party
Injures a persons reputation Implied to be factual Must be false Knowingly intended to do harm
Slander Libel Neither
A student starts a rumor that her friend cheated in school. Now her friend is under investigation and was rejected from the gifted program she applied for and her teachers don’t trust her.
Usually told/printed to a third party Injures a persons reputation Implied to be factual Must be false Knowingly intended to do harm
Slander Libel Neither
Principal sues ex-students for Myspace slander•A high school principal has sued four former students because of fake Myspace profiles about him•portraying him as a drug, alcohol addict, and perverted.
Closing Activity:
Can cyber bullying be subjected to slander or libel violations?
CLASS: 10th Grade Civics UNIT: Freedom of Speech and Press
OBJECTIVE/Aim: What will my students be able to do by the end of class?
Understand that freedom of speech and press can be limited Differentiate between libel, slander, and sedition Be able to apply libel, slander, and sedition to aspects of their lives
CHECK FOR DEEP UNDERSTANDING: How will I know concretely that all of my students have mastered the objective?
BIG IDEAS: What 1-2 major themes/ideas do I want students to walk away with?
Have examples of cases that involved libel and slander. The students will interact with the smart board and as class determine if the person accused is in violation of these crimes
During discussion listen to ensure that the students properly use ideas presented correctly
Freedom of speech and press can be limited Ideas of slander, sedition, and libel can be applied
and influence their current liveso Social networkingo War
State Standards: Which state standards does your plan address? Narrow your focus to 2 or 3.3.4.3 Explain the meaning and importance of equal protection of the law (e.g., the 14th Amendment,Americans with Disabilities Act, equal opportunity legislation).3.4.4 Describe considerations and criteria that have been used to deny, limit, or extend protection ofindividual rights (e.g., clear and present danger, time, place and manner restrictions on speech, compellinggovernment interest, security, libel or slander, public safety, and equal opportunity).
Do Now/Warm-Up: N/A ANNOUNCEMENTS:None
HOMEWORK:None
HOOK: What will you do to get the students invested in the lesson? MATERIALSVideo Clip and PowerPoint Use a 19sec clip from the movie “Mean Girls,” to engage them in ideas of slander
and libel. False language presented in the clip can be discussed and referred back too, during the lecture.
MINI-LESSON: How will I convey the knowledge/skills of the lesson? What will my students be doing to process info?
I will dictate some knowledge verbally, in regards to definitions, etc. I will be using PowerPoint for visual learners, and also have a notes page that has blanks within it. They will be provided answers by paying attention. During activity, students who need more movement in the classroom, have opportunity to get up and use the smart board to fill in the checklist.
GUIDED PRACTICE: How will I work with my students to ensure that they are understanding the objective?
At the end of the lecture I have an activity where cases of people accused of slander and libel occurred. The students must go through the checklist to determine if the person accused is found guilty of slander or libel. The class must then determine if it is slander or libel. o Follow up question “why?”
Discussion at the end of class, if cyber bullying and comments made on social networking sites violate slander and libel laws. o Ensure the students use terms correctly
INDEPENDENT PRACTICE/GROUP WORK: What will the students do to show mastery of the objectives?
To show mastery, the students will discuss if cyber bullying and social networking can be subjected to libel and slanders laws. The students will have to use basic knowledge of understanding terms and circumstances and apply it to a rising events of cyber bullying and social networking where courts have not set a precedent.
SHARE BACK: Will the students share/interpret knowledge for others in the class?
During discussion as a class the students will determine if cases are in violation of slander and libel.
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