AP Gov Topic 3.4

Open Ended

What types of protections are included in the the "Freedom of the Press" provision of the 1st Amendment?

Open Ended

What types of publications would not be protected by the First Amendment?

Open Ended

Do you agree with Daniel Ellsberg's decision to leak the top secret information to the press? Why or why not?

Multiple Choice

Based on the map and your knowledge, which of the following is a major difference between the issue of shield laws and the issue of prior restraint?

• The Supreme Court has ruled that shield laws are incorporated to the states to decide on their own, while the issue of prior restraint applies only to the federal government.

• The issue of shield laws does not apply to the federal government because criminal prosecutions occur only at the state level. On the other hand, the issue of prior restraint arises only in situations in which the president is invoking executive privilege to prevent information from being reviewed.

• The First Amendment supports freedom of the press, which requires that each state develop guidelines for shield laws. However, the issue of prior restraint is not incorporated to the states because it is not related to freedom of the press.

• The Supreme Court has ruled that the First Amendment protects against prior restraint by the government. However, protections for journalists and their sources are not as strong, as evidenced by the many states with weak or no shield laws.

Multiple Choice

An investigative reporter uncovers illegal and unethical behavior on the part of a state government official. When the local newspaper announces that it will publish the story, the state government issues an injunction to stop the story from being released before being reviewed by government lawyers. Which of the following best represents how the court will most likely respond to the case?

• The newspaper will be required to delay publication until after the lawyers review the materials.

• The newspaper will publish the story but face a libel lawsuit if the information contained is embarrassing to the government.

• The newspapers will be permitted to publish the story without a review by the government’s lawyers.

• The newspapers will not be permitted to publish the story if the government objects.

Multiple Choice

A classified Department of Defense study on the effectiveness of the United States involvement in the Afghanistan War is obtained by a newspaper. The president seeks to block the publication of the document. The court rules in favor of the newspaper, citing as precedent the Supreme Court’s decision in New York Times Co. v. United States (1971). Based on the ruling in the Supreme Court’s decision, which of the following lines of reasoning does the court most likely use?

• Freedom of the press cannot be abridged except for restrictions on time, place, and manner of the communication.

• Freedom of the press requires that the government show a significant danger to national security in order to stop publication.

• Freedom of the press permits the press to print any story, but if the story embarrasses public officials, they can sue under defamation laws.

• Freedom of the press cannot be abridged by the actions of the president without a law passed by Congress.