Question
Part 1:
Near v. Minnesota www.oyez.org/cases/1900-1940/283us697
New York Times Company v. United States www.oyez.org/cases/1970/1873
Hazelwood School District v. Kuhlmeier www.oyez.org/cases/1987/86-836
Directions: Using the Links above fill in the chart below
Case Name
Summarize the Holding (Decision)
*This can be a brief 1-2 bulletpoints*
How did the decision supports students?
*This can be a brief 2-3 bulletpoints*
How did the decision supports administrators?
*This can be a brief 2-3 bulletpoints*
Which side (students or administrators) is better supported by this decision?
Briefly Justify your response.
Near v. Minnesota
Hazelwood School District v. Kuhlmeier
New York Times Company v. United States
Summative Question:
Which side students or administrators’ is better supported by the existing SCOTUS caselaw? Provide three facts that support your argument..
Answer:
Part 2:
Freedom of the Press Case Scenario
Directions: Read the Text of the First Amendment of the United States Constitution as it refers to press. Read the scenario and decide whether or not the government can limit or punish the publication by the student group in the scenario. Answer the question associated with the scenario.
Scenario:
Students at East High School in Albuquerque New Mexico are in charge of broadcasting the morning announcements via closed circuit television and a live streaming link.
All students in the school are instructed to remain quiet and to carefully pay attention to these announcements. The script for the morning announcements is approved by the administration each morning.
One of the student journalists was given screen shots of a text message conversation between six building and district administrators. In the conversation, the administrators were openly mentioning specific students and teachers by name, making disparaging remarks about these individuals. The administrators called one student, Sharpay Evans, an “Insecure Diva.” They referred to a teacher, Ms. Darbus, as an “Overly Dramatic imbecile.” The student journalist transferred all of the screen shots into a PDF and carefully redacted the names of the students and teachers by highlighting each with a black bar. The student preserved the names of the administrators involved in making the disparaging remarks.
Without adding the story to the script for approval, the student disrupted the broadcast of the morning announcements and began displaying the PDF of the group text conversations live and on the air. A building administrator ordered that the broadcast be ended immediately.
As a response, the student journalist immediately sent an email to every student in the school using the school email system. The email included the story and the PDF of the screenshots from the conversation. Unbeknownst to the student journalist, anyone in possession of the email could delete the redactions by simply removing the black highlight bar over each word.
Question: Can the administration of the school punish the student for the publication of sensitive student information? Provide a detailed and specific reasoning to justify your answer using examples from both the scenario and from precedent set by SCOTUS cases dealing with Freedom of the Press
Answer:
Part 3:
Reflection Questions:
What is prior restraint? And How has the Supreme Court treated prior restraint in a school setting? Why?
Why is the freedom of the press important to the democratic principles of our government. Be Specific?
Near v. Minnesota www.oyez.org/cases/1900-1940/283us697
New York Times Company v. United States www.oyez.org/cases/1970/1873
Hazelwood School District v. Kuhlmeier www.oyez.org/cases/1987/86-836
Directions: Using the Links above fill in the chart below
Case Name
Summarize the Holding (Decision)
*This can be a brief 1-2 bulletpoints*
How did the decision supports students?
*This can be a brief 2-3 bulletpoints*
How did the decision supports administrators?
*This can be a brief 2-3 bulletpoints*
Which side (students or administrators) is better supported by this decision?
Briefly Justify your response.
Near v. Minnesota
Hazelwood School District v. Kuhlmeier
New York Times Company v. United States
Summative Question:
Which side students or administrators’ is better supported by the existing SCOTUS caselaw? Provide three facts that support your argument..
Answer:
Part 2:
Freedom of the Press Case Scenario
Directions: Read the Text of the First Amendment of the United States Constitution as it refers to press. Read the scenario and decide whether or not the government can limit or punish the publication by the student group in the scenario. Answer the question associated with the scenario.
Scenario:
Students at East High School in Albuquerque New Mexico are in charge of broadcasting the morning announcements via closed circuit television and a live streaming link.
All students in the school are instructed to remain quiet and to carefully pay attention to these announcements. The script for the morning announcements is approved by the administration each morning.
One of the student journalists was given screen shots of a text message conversation between six building and district administrators. In the conversation, the administrators were openly mentioning specific students and teachers by name, making disparaging remarks about these individuals. The administrators called one student, Sharpay Evans, an “Insecure Diva.” They referred to a teacher, Ms. Darbus, as an “Overly Dramatic imbecile.” The student journalist transferred all of the screen shots into a PDF and carefully redacted the names of the students and teachers by highlighting each with a black bar. The student preserved the names of the administrators involved in making the disparaging remarks.
Without adding the story to the script for approval, the student disrupted the broadcast of the morning announcements and began displaying the PDF of the group text conversations live and on the air. A building administrator ordered that the broadcast be ended immediately.
As a response, the student journalist immediately sent an email to every student in the school using the school email system. The email included the story and the PDF of the screenshots from the conversation. Unbeknownst to the student journalist, anyone in possession of the email could delete the redactions by simply removing the black highlight bar over each word.
Question: Can the administration of the school punish the student for the publication of sensitive student information? Provide a detailed and specific reasoning to justify your answer using examples from both the scenario and from precedent set by SCOTUS cases dealing with Freedom of the Press
Answer:
Part 3:
Reflection Questions:
What is prior restraint? And How has the Supreme Court treated prior restraint in a school setting? Why?
Why is the freedom of the press important to the democratic principles of our government. Be Specific?
Answers
GPT-4o mini
### Part 1:
#### **Near v. Minnesota**
- **Summarize the Holding (Decision):**
- The Supreme Court held that prior restraint on publication is unconstitutional under the First Amendment.
- Specifically, the Minnesota law that targeted and shut down "malicious" publications was ruled as an infringement of free press rights.
- **How did the decision support students?**
- It establishes that students (like journalists) have the right to publish information without prior censorship.
- It reinforces freedom of expression, encouraging robust participation in journalism among students.
- **How did the decision support administrators?**
- Administrators can still impose regulations aimed at maintaining school order and safeguarding students from harmful content.
- However, restrictions must not infringe upon the fundamental right to free speech.
- **Which side (students or administrators) is better supported by this decision?**
- The decision better supports students, as it emphasizes their right to free expression and an open press, limiting the ability of administrators to censor information arbitrarily.
#### **Hazelwood School District v. Kuhlmeier**
- **Summarize the Holding (Decision):**
- The Supreme Court ruled that schools could exercise editorial control over student publications, provided that their actions are reasonably related to legitimate pedagogical concerns.
- **How did the decision support students?**
- It clarifies that student publications can still function as educational tools.
- Students are granted the opportunity to learn the responsibilities that come with press freedoms in an educational context.
- **How did the decision support administrators?**
- It allows school administrators to promote a learning environment by controlling the content of school-sponsored publications.
- Administrators can filter out material they believe is inappropriate or does not align with the educational mission.
- **Which side (students or administrators) is better supported by this decision?**
- The decision leans more towards supporting administrators, as it grants them considerable authority in censoring student publications based on broader educational goals.
#### **New York Times Company v. United States**
- **Summarize the Holding (Decision):**
- The Supreme Court ruled that the government could not impose prior restraint on the publication of the Pentagon Papers, affirming a strong protection of press freedoms.
- **How did the decision support students?**
- Directly applies principles that can benefit students in journalism, ensuring that information can be published without fear of governmental censorship.
- Supports a tradition of transparency and accountability in information dissemination.
- **How did the decision support administrators?**
- Reiterates the importance of a free press which can serve as a check on government authority, indirectly providing administrators the framework to operate from a place of informed knowledge.
- **Which side (students or administrators) is better supported by this decision?**
- This decision firmly supports students, as it emphasizes the essentiality of a free press, safeguarding the right to publish controversial information.
### Summative Question:
**Which side—students or administrators—is better supported by the existing SCOTUS caselaw? Provide three facts that support your argument.**
- Overall, students are better supported:
1. **Near v. Minnesota**: Emphasized that prior restraint is unconstitutional, protecting student journalists from censorship.
2. **New York Times Company v. United States**: Established a precedent for a strong presumption against prior restraint, crucial for student expression.
3. **Even accepting Hazelwood**: The basis of the ruling still encourages students to engage responsibly in journalism, albeit under some administrative oversight, providing learning opportunities.
### Part 2:
**Question: Can the administration of the school punish the student for the publication of sensitive student information? Provide detailed and specific reasoning to justify your answer using examples from both the scenario and from precedent set by SCOTUS cases dealing with Freedom of the Press.**
Yes, the administration can punish the student for the publication of sensitive information.
**Reasoning:**
1. **Hazelwood Precedent**: The Hazelwood case allows school administrators editorial control over school-sponsored activities. Here, the morning announcements fall within the realm of the school's responsibility, and the student's actions of disrupting the scripted announcements reflect a disregard for school protocols.
2. **Sensitive Information Protection**: By broadcasting sensitive remarks about students and teachers, the student breaches ethical journalism practices as outlined in both school policies and moral frameworks for responsible reporting. This can lead to emotional distress or reputational harm for the individuals involved, aligning with administrative duties to protect students and faculty.
3. **Prior Restraint Limitations**: While the First Amendment protects freedom of speech, it does not grant an absolute right to publish anything that could harm others or violate privacy. The school's interest in preventing the publication of disparaging remarks about individuals justifies administrative actions.
In conclusion, while students have rights to free expression, the specific context and harmful nature of the disclosures provide grounds for school administration to impose consequences on the student, ensuring a safe and respectful educational environment.
### Part 3:
**What is prior restraint? And how has the Supreme Court treated prior restraint in a school setting? Why?**
- **Prior restraint** refers to government action that prohibits speech or other expression before it can take place. The Supreme Court treats prior restraint very cautiously, especially in a school setting, due to the strong constitutional protections for free speech. In cases like **Near v. Minnesota**, it was demonstrated that prior restraint is generally unconstitutional, promoting open and free expression. In schools, while some content may be restrained (as in Hazelwood), the overarching principle remains that students should be able to express themselves freely, reflecting the importance of rights over administrative control.
**Why is the freedom of the press important to the democratic principles of our government? Be specific.**
- The freedom of the press is essential for several reasons:
1. **Informed Citizenry**: A free press fosters an informed public by providing diverse viewpoints, news, and commentary, which is fundamental for democratic participation.
2. **Government Accountability**: It serves as a watchdog over government activities, ensuring transparency and preventing abuses of power, which is crucial for a functioning democracy.
3. **Facilitates Debate and Dialogue**: Free press encourages open debate and the exchange of ideas, a cornerstone of democratic governance, allowing for the challenge and refinement of public policies and authority.
In summary, the freedom of the press creates a robust platform necessary for the sustenance and vitality of democracy and for empowering citizens.
#### **Near v. Minnesota**
- **Summarize the Holding (Decision):**
- The Supreme Court held that prior restraint on publication is unconstitutional under the First Amendment.
- Specifically, the Minnesota law that targeted and shut down "malicious" publications was ruled as an infringement of free press rights.
- **How did the decision support students?**
- It establishes that students (like journalists) have the right to publish information without prior censorship.
- It reinforces freedom of expression, encouraging robust participation in journalism among students.
- **How did the decision support administrators?**
- Administrators can still impose regulations aimed at maintaining school order and safeguarding students from harmful content.
- However, restrictions must not infringe upon the fundamental right to free speech.
- **Which side (students or administrators) is better supported by this decision?**
- The decision better supports students, as it emphasizes their right to free expression and an open press, limiting the ability of administrators to censor information arbitrarily.
#### **Hazelwood School District v. Kuhlmeier**
- **Summarize the Holding (Decision):**
- The Supreme Court ruled that schools could exercise editorial control over student publications, provided that their actions are reasonably related to legitimate pedagogical concerns.
- **How did the decision support students?**
- It clarifies that student publications can still function as educational tools.
- Students are granted the opportunity to learn the responsibilities that come with press freedoms in an educational context.
- **How did the decision support administrators?**
- It allows school administrators to promote a learning environment by controlling the content of school-sponsored publications.
- Administrators can filter out material they believe is inappropriate or does not align with the educational mission.
- **Which side (students or administrators) is better supported by this decision?**
- The decision leans more towards supporting administrators, as it grants them considerable authority in censoring student publications based on broader educational goals.
#### **New York Times Company v. United States**
- **Summarize the Holding (Decision):**
- The Supreme Court ruled that the government could not impose prior restraint on the publication of the Pentagon Papers, affirming a strong protection of press freedoms.
- **How did the decision support students?**
- Directly applies principles that can benefit students in journalism, ensuring that information can be published without fear of governmental censorship.
- Supports a tradition of transparency and accountability in information dissemination.
- **How did the decision support administrators?**
- Reiterates the importance of a free press which can serve as a check on government authority, indirectly providing administrators the framework to operate from a place of informed knowledge.
- **Which side (students or administrators) is better supported by this decision?**
- This decision firmly supports students, as it emphasizes the essentiality of a free press, safeguarding the right to publish controversial information.
### Summative Question:
**Which side—students or administrators—is better supported by the existing SCOTUS caselaw? Provide three facts that support your argument.**
- Overall, students are better supported:
1. **Near v. Minnesota**: Emphasized that prior restraint is unconstitutional, protecting student journalists from censorship.
2. **New York Times Company v. United States**: Established a precedent for a strong presumption against prior restraint, crucial for student expression.
3. **Even accepting Hazelwood**: The basis of the ruling still encourages students to engage responsibly in journalism, albeit under some administrative oversight, providing learning opportunities.
### Part 2:
**Question: Can the administration of the school punish the student for the publication of sensitive student information? Provide detailed and specific reasoning to justify your answer using examples from both the scenario and from precedent set by SCOTUS cases dealing with Freedom of the Press.**
Yes, the administration can punish the student for the publication of sensitive information.
**Reasoning:**
1. **Hazelwood Precedent**: The Hazelwood case allows school administrators editorial control over school-sponsored activities. Here, the morning announcements fall within the realm of the school's responsibility, and the student's actions of disrupting the scripted announcements reflect a disregard for school protocols.
2. **Sensitive Information Protection**: By broadcasting sensitive remarks about students and teachers, the student breaches ethical journalism practices as outlined in both school policies and moral frameworks for responsible reporting. This can lead to emotional distress or reputational harm for the individuals involved, aligning with administrative duties to protect students and faculty.
3. **Prior Restraint Limitations**: While the First Amendment protects freedom of speech, it does not grant an absolute right to publish anything that could harm others or violate privacy. The school's interest in preventing the publication of disparaging remarks about individuals justifies administrative actions.
In conclusion, while students have rights to free expression, the specific context and harmful nature of the disclosures provide grounds for school administration to impose consequences on the student, ensuring a safe and respectful educational environment.
### Part 3:
**What is prior restraint? And how has the Supreme Court treated prior restraint in a school setting? Why?**
- **Prior restraint** refers to government action that prohibits speech or other expression before it can take place. The Supreme Court treats prior restraint very cautiously, especially in a school setting, due to the strong constitutional protections for free speech. In cases like **Near v. Minnesota**, it was demonstrated that prior restraint is generally unconstitutional, promoting open and free expression. In schools, while some content may be restrained (as in Hazelwood), the overarching principle remains that students should be able to express themselves freely, reflecting the importance of rights over administrative control.
**Why is the freedom of the press important to the democratic principles of our government? Be specific.**
- The freedom of the press is essential for several reasons:
1. **Informed Citizenry**: A free press fosters an informed public by providing diverse viewpoints, news, and commentary, which is fundamental for democratic participation.
2. **Government Accountability**: It serves as a watchdog over government activities, ensuring transparency and preventing abuses of power, which is crucial for a functioning democracy.
3. **Facilitates Debate and Dialogue**: Free press encourages open debate and the exchange of ideas, a cornerstone of democratic governance, allowing for the challenge and refinement of public policies and authority.
In summary, the freedom of the press creates a robust platform necessary for the sustenance and vitality of democracy and for empowering citizens.