Questions for 1/21
- What are the essential features of democracy?
List them!
- How does communication fit in
with these features? Ideally? In
reality?
- Are
some kinds of communication
more valuable/more important than others? What kinds?
- What is the role/value of free expression in the
economy? In science? In
the arts?
- Is there such a thing as
dangerous communication?
Questions for 1/23
- After you have printed out and
studied the handout on Ethical
Traditions form the web site, think of an ethical dilemma you have
experienced or know about. Determine what you thought was/is the
"right" thing to do. Can you determine which ethical tradition best
fits your thinking on this issue? Be prepared to discuss your response
in class.
- Some one once said, "You can
boil down all communication ethics to two points: 'Don't lie. Be
Nice'." Is that really enough? Why or why not?
Questions for
1/28
- What similarities and
differences do you notice between the NCA and the PRSA ethics
statements?
- Be prepared to discuss and
analyze the Dallas "Cinema" case (found on the "Analyzing
Ethics Cases" web handout) and the
Sample Ethics Case.
Questions
for 1/30
- Compare Madison's original
version of the First Amendment to the actual amendment as adopted.
Which version do you prefer and why?
- Alexander Hamilton and others
argued against inclusion of a bill of rights in the Constitution because
the rights of personal freedom ultimately depend on public opinion for
support and the commitment of the people to liberty. How do you
respond to this argument?
- Write your own version of an
amendment to protect free expression. Be prepared to present it to the
class and support the changes you made. What do you think is
improved in your version?
- Based on our discussion of the
Free Speech Issues survey in class, what seem to be areas of
agreement among class members. What are areas
of disagreement?
- Outline the key arguments in
support of free expression as presented in Mill's chapter 2 of On
Liberty (as assigned in class). Bring your outline to class and be
prepared to present it/ defend it.
Do you think there are additional reasons for
protecting expression that Mill leaves out?
- Is absolute freedom of
expression practical for a democracy? Why or Why not?
- Do you think the government
should use a "degree of danger" test? If so, which one?
Questions
for 2/4 and 2/6
- What are the three "degree of
danger" tests? What are the advantages and disadvantages of each?
Which one do you prefer and why?
- Do we really need controls of
any kind on political expression? Do different times or
circumstances call for different "degree of danger" tests? [ e.g.
times of war? the "Red Scare/Smith Act?" radical terrorism?
]
- Scan Eugene Debs "Canton
Ohio Speech" (1918) and pay attention to the key
"controversial" sections in paragraphs 4-6, 46-51, 58-60, 83-93, 97 and
100-111. Do you think he should have been jailed
for these words?
- How would you explain the
distinction (from Yates v U.S. and Brandenburg v Ohio) between ideas and illegal actions?
How should it be used?
- What is the ACLU policy
concerning restraints on freedom of political expression? Do you
agree with it?
- What rules does Monmouth
College have on speech and speakers?
- Although the Patriot Act does
not directly criminalize speech, it has been criticized for creating a
"chilly climate" for speech. Does it?
Questions
for 2/11 and 2/13
- Should government
officials ever be allowed to sue for defamation concerning criticism
of their official conduct? for invasion of their personal privacy?
- Do you think repealing
defamation laws would be practical? What would occur? Would the
"more speech" concept be sufficient?
- Do you believe it is
appropriate to permit suits for "group libel?" [ suits that charge
"My religion or my ethnic group was defamed." ]
- There is no mention of a
"right to privacy" in the U.S. Constitution. Do you think an
amendment assuring a right to privacy would be a good idea? How
broad should such a right be?
- Do you agree or disagree
with the idea of punitive damages in defamation suits?
- What do you think should
be done about SLAPPs
Questions for 2/18 and 2/20
- Is it possible to define
"obscenity" or "pornography" clearly? Why or why not? Draft some
terms that you believe might improve previous definitions.
- Is there any reason to
restrict from consenting adults any material at all of a sexual
nature?
- Do adults have the right
to be protected from "offensive" material? If so, what restrictions
would be appropriate? inappropriate?
- What sorts of restrictions
should exist to protect children from sexually oriented materials?
- Is it reasonable to set
different standards for suggestive material for different media
(e.g. internet vs DVDs vs broadcast TV vs cable vs video games)
- Should we find a way to
include violence in some way as a source of "obscenity (that is,
unprotected expression)?
- Do you think pornography
is dangerous? Or do you think it can play a useful role in society?
- Examine the
Illinois law on obscenity.
Is it clear. Does it meet Supreme Court standards
Questions for 2/25 and 2/27
- Do you think
there are such things as "fighting words" that can be punished by
law?
- Do you accept the
distinction begun in Chaplinski concerning "worthwhile" and
"worthless" speech?
- Is it ever appropriate for
authorities to silence a speaker in order to prevent lawlessness by
the listeners? If
so, when?
- Some European countries
have criminal laws against "hate speech." Would such laws be useful
in the United States?
- Is it necessary or even
appropriate to attempt to protect those who may be "wounded" by
words? Are
there ways other than speech codes to accomplish protection of those
who words may wound
- Should schools have
restrictions on unacceptable forms of speech?
What kinds of expressions should be banned. What kind of "notice"
should be given to define what is unacceptable?
- What policies does
Monmouth College have on "provocation" and "words that wound"? Are
they ones you find acceptable? Why or Why not?
[ Bonus participation credit
if you can answer this.
Questions
for 3/3 and 3/5
- Is there any REAL
difference in consequence between prior restraint and ex post
facto punishments? Should First Amendment law recognize a
difference and take prior restraint more seriously?
- Make a list of conditions
under which, you believe, the government should engage in prior
restraint. What standards would be needed to prevent abuse of such
government powers?
- How do you feel about
broadcasters airing election predictions before the polls close.
Should that be illegal? What about laws prohibiting electioneering
near polling places?
- Do the new campaign
finance laws (McCain-Feingold) function as a form of prior restraint
by prohibiting some groups and individuals from placing ads in the
media near election dates?
- Should the government be
able to require/enforce "secrecy agreements" as a condition of
employment for sensitive jobs (e.g. CIA)? Should private groups be
able to require secrecy as a part of law suit settlements,
especially if the issues concern "the public interest?
Questions for 3/26
- Should "public
spaces" in privately owned shopping malls be required to
provide first amendment freedom of expression? Does it
matter if the mall receives some form of public
subsidy? What restrictions should exist to prevent
disruption of store business?
- Would you
support an amendment to the constitution to prohibit
flag burning/desecration?
- What
government limitations would you find acceptable for
controlling parades, demonstrations, marches or
door-to-door solicitations?
- How do you
respond to the idea that "Money is not speech" even when
it is used to facilitate speech as in campaign finance
laws.
- Is the FCC's
new "Do Not Call" list an infringement of the rights of
telemarketers and other solicitors?
- What is your
view of restrictions on "aggressive" protests at
abortion clinics?
- Do you think
the "Speech Plus" doctrine of the Supreme Court is
sensible and reasonable?
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Questions
for 4/2
- To what degree to you
think pre-trial publicity or other public discussion of court cases
influences the outcomes of trials? How far is too far?
- How far should courts go
in limiting press freedom? Are limits on court officials
sufficient?
- Would limits on public
access to courts or information about legal proceedings in order to
protect the right to a fair trial be acceptable? Why or why
not?
- Should reporters be
granted special protections for their first amendment rights not
available to other citizens (e.g. the right to decline to name
sources)?
- Where shield laws do
exist, how much protection should they provide to the press?
in terms of searches? testimony?
- What kinds of government
information should citizens generally have access to? What
information should the government be allowed to keep out of the
public eye?
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