last updated 1/1/2014
Questions for 1/20
- What are the essential features of democracy?
List them! (3
or 4)
- 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 1/27
- 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.
- Which ethical trandition do you
find most useful? Which do you tend to use yourself?
- 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
- What similarities and
differences do you notice between the NCA and the PRSA ethics
statements?
- Is Karl Wallace's view too
dated for a modern, diverse society and international communication
system
- 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 1/31
- 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?
- 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?
- Bring to class an outline
of the key arguments in
support of free expression as presented in Mill's chapter 2 of On
Liberty (as assigned in class). Be
prepared to present/explain MIlls arguments and defend or reject them.
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?
Questions
for 2/10
- 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?
- What are the three "degree of
danger" tests? What are the advantages and disadvantages of each?
Which one do you prefer and why?
- Do you think the government
should use a "degree of danger" test?
- 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?
]
- 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?
- Scan Eugene Debs "Canton
Ohio Speech [excepts]" (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?
Complete Debs Canton, Ohio Speech.
- Do you think public school
students have the right to sit and not participate in the "Pledge of
Allegiance" to the flag? Do they have the right to criticize
school or other public officials in school? On social media?
- 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 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." ]
- Do you agree or disagree
with the idea of punitive damages in defamation suits?
Questions
for 2/13
- 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?
- Are you concerned about your
"privacy rights" in this internet age? Why or why not?
- Should the government regulate
communication and organizations on the internet to provide greater
protections for individual privacy? What should be regulated
and how?
- What do you think should
be done about SLAPPs
Questions for 2/24
- 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 3/2
- 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 (government or institutional) to silence a speaker in order to prevent lawlessness by
the listenerswhen the speaker is not provoking it? Rowdiness or
other offensiveness? If
so, when?
- Some European countries
have criminal laws against "hate speech." Would such laws be useful
in the United States? Given that the evidence in a "Hate
Crime" almost always requires statements of opinion by the accused,
do hate crime prosecutions, therefore, violate the 1st Amendment?
- 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?
- Is the "N-word" (of perhaps a
handful of other similar words) a term that should never be
permitted to be used by anyone? Or are there some
circumstances in which it is appropriate or even neccessary?
What are the consequences of ruling some terms or concepts
"unspeakable?"
- 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
- 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?
- What should the U.S.
Government do about Wkileaks. Is this issue similar or
identical to the Pentagon Papers case? Why or Why not?
- Do 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?
How do you feel about the Citizens United
case and it's effective repeal of limits on corporations and
political speech?
- 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 3/25
- 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
"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 3/27
- Are there good reasons to
treat commercial speech as less protected than other forms of
expression? Why or why not?
- Is it reasonable to consider
corporations to be "persons" under the law with the same 1st
Amendment rights as you or me?
- Are the standards of SCOTUS
issued in the "Consolidated Edison case appropriate? Too
restrictive of commercial speech? Too lenient?
- Should the FTC be more
aggressive in regulating advertising and punishing "dishonest"
commercial speech?
Questions
for 3/31
- To what degree to you
think pre-trial publicity or other public discussion of court cases
influences the outcomes of trials? How far (in reporting and
speculating on criminal cases) is going 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)? Who is a "reporter" these days?
- 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?
- It is generally argued that we
have less access to government information than in past decades.
Do you see that as a problem? Should it be easier and quicker to get
information using the FOIA?
- The President (and other
executive officials) often argue that email and conversations within
the executive branch should not be open to the public if the
President is to receive honest, candid information from advisers.
Do you agree?
Questions
for 4/7
- What do you think are
reasonable limits on student speech in K-12 schools? What
rights should be protected by the courts?
- Are certain kinds of
opinions off-limits for K-12 students to discuss or express opinions
about?
- How do we draw the line
between fair criticism of school officials and activities and
"disruption" of the school?
- Are dress codes a
restriction of free expression rights?
- Is there any need to limit the
speech of (public) college students beyond the usual time, manner,
place restrictions on speech in government controlled locations?
- Should governments act
to insure that college faculty are "being fair" in presenting
opinions or in evaluating student views?
- Should the government use its
authority over financial aid to guarantee speech rights to students
in private colleges?
- Is there any justification for
restrictions on speech rights of K-12 or college teachers
"off-campus" or in outside-of-work settings?
- Should the Hatch act be
repealed?
- Make an argument in favor of
(some) free speech rights for prisoners.
Questions for 4/17 and 4/22
- Do you believe that
copyright protections are necessary to provide a climate for
creative and scholarly productivity in general? In non-commercial
settings?
- Should intellectual
property be considered to be the same as real, tangible property
with the owner having the same rights? If not, what are the
differences?
- Originally copyright
allowed protection for a period of 28 years. Now the length is the
author's life plus 70 years. Is the current length of copyright
protection too long?
- Do the current copyright
laws (esp. the Digital Millennium Copyright Act) do more harm than
good for advancing effective communication and culture in our
society?
- What are the harms of
preventing protected material from entering the public domain?
- What would you consider
to be appropriate standards for "Fair Use" of copyrighted material?
- Should colleges or other
internet service providers serve as "police" to prevent illegal
distribution of copyrighted material through file sharing?
- Should there be additional
limits on institutional or corporate control of copyrighted
material?
- Should copyright holders
be allowed to use their ownership rights to prevent criticism and
scholarship they don't like?
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