 Defenders of Liberty: The People and the Press
SUMMARY

A Lesson by Linda Weber

Freedom of speech or the press did not exist in the colonies
before the Constitution. British subjects were under theauthority of the king, and the king punished dissenters. The
king also controlled the press and censored content before
it was published. After the colonists fought and won
independence from England, the rules were changed when
the Constitution was written.
Remembering the king’s actions, the Framers designed agovernment with three branches and a system of checks
and balances to prevent the abuse of power. They also
made the federal government responsible for protecting
individual liberties and accountable to a separate, but all
powerful group, the People.
Thomas Jefferson viewed the press as the “only safeguard
for public liberty” and an informed citizenry as “the bestarmy” for the task. Freedom of the press was seen as vitalfor protecting democracy so the Framers linked it to speech
and included both in the First Amendment: “Congress shallmake no law … abridging freedom of speech, or of thepress…”Experience not only made its mark on the Constitution, but
it also affected judicial interpretations that followed. In
World War I, the Supreme Court upheld government actions
against people in the interest of national security. Over the
next 200 years, the Court would continue to grapple withfreedom of expression issues in wartime. All the while, awatchful press would keep the public informed and debate
alive. In 1971, the Supreme Court reaffirmed freedom of thepress even in the midst of a war by allowing the publicationof the Pentagon Papers. It had come full circle in its views.
This lesson is based on the Annenberg Classroom video that
explores the evolution of the free press doctrine, Freedomof the Press: New York Times v. United States.

Notes and Considerations•

This lesson presumes that students have someexperience reviewing Supreme Court cases.

Snapshot of Lesson
Grades: Middle School; High School (Focus)
Subject Focus: Civics/Government
Estimated Time: 2, 50-minute classes
Alignment: National Standards for Civics andGovernment Grades 5-8, Grades 9-12;
Common Core Standards: Literacy inHistory/Social Studies, Science and Technical
Subjects, Grades 6-8, 9-10, 11-12
Materials/Equipment Needed:• Annenberg Video: Freedom of the Press: NewYork Times v. United States• Computer lab
Materials Included:
Readings and Resources• Video transcript formatted for study• Chapters 6 & 7, Our Rights—David J.
Bodenhamer• Chapter 8: The Pursuit of Justice—Kermit L.
Hall and John Patrick• Civil Liberties in Wartime: Timeline• Terms from Understanding Democracy
Student Materials• Civics Knowledge Self-Assessment• Class-Prep Assignment: Behind the Scenes• Research Tips: Supreme Court Cases andOpinions• Student’s Video Guide• Synopsis of the Story• Visual: Track the Story Line
Teacher Materials• Class-Prep Assignment Key• Teacher’s Video Guide & Key• Keys for Cases in Brief• Visual: Track the Story Line
Standards-Level Detail• National Standards for Civics and Government• Common Core State Standards

Lesson: Defenders of Liberty: The People and the Press•

This is a self-contained lesson with a variety of resources and activities that can be adapted todifferent lengths of classes and levels of students.

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Lesson: Defenders of Liberty: The People and the Press

TOPICS
checks and balances
civic literacy
communication and media
civil liberties in wartime
freedom of speechdemocratic citizenshipinformation literacy

freedom of the press
judicial process
lawmaking processrights and responsibilities of citizenshipsecurity v. liberty
structure and function of government
Supreme Court

NATIONAL STANDARDS
Document: National Standards for Civics and Government (1994) Center for Civic Education
http://new.civiced.org/national-standards-download
Grades 5-8 Organizing Questions
The following outline lists the high-level organizing questions supported by this lesson.
I.

What are civic life, politics, and government?
A. What is civic life? What is politics? What is government? Why are government and politics
necessary? What purposes should government serve?
B. What are the essential characteristics of limited and unlimited government?
C. What are the nature and purposes of constitutions?
D. What are alternative ways of organizing constitutional governments?

II. What are the foundations of the American political system?
A. What is the American idea of constitutional government?
C. What is American political culture?
D. What values and principles are basic to American constitutional democracy?
III. How does the government established by the Constitution embody the purposes, values, andprinciples of American democracy?
A. How are power and responsibility distributed, shared, and limited in the government establishedby the United States Constitution?
E. What is the place of law in the American constitutional system?
F. How does the American political system provide for choice and opportunities for participation?
V. What are the roles of the citizen in American democracy?
A. What is citizenship?
B. What are the rights of citizens?
C. What are the responsibilities of citizens?
D. What dispositions or traits of character are important to the preservation and improvement ofAmerican constitutional democracy?

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Lesson: Defenders of Liberty: The People and the Press

Grades 9-12 Organizing Questions
The following outline lists the high-level organizing questions supported by this lesson.
I.

What are civic life, politics, and government?
A. What is civic life? What is politics? What is government? Why are government andpolitics necessary? What purposes should government serve?
B. What are the essential characteristics of limited and unlimited government?
C. What are the nature and purposes of constitutions?
D. What are alternative ways of organizing constitutional governments?

II. What are the foundations of the American political system?
A. What is the American idea of constitutional government?
D. What values and principles are basic to American constitutional democracy?
III. How does the government established by the Constitution embody the purposes, values, andprinciples of American democracy?
A. How are power and responsibility distributed, shared, and limited in the government
established by the United States Constitution?
B. How is the national government organized and what does it do?
D. What is the place of law in the American constitutional system?
V. What are the roles of the citizen in American democracy?
A. What is citizenship?
B. What are the rights of citizens?
C. What are the responsibilities of citizens?
D. What dispositions or traits of character are important to the preservation and improvement ofAmerican constitutional democracy?
E. How can citizens take part in civic life?
Note: A more detailed standards-level alignment related to these questions can be found in the“Standards” section at the end of this lesson plan.

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Lesson: Defenders of Liberty: The People and the Press

COMMON CORE STANDARDS
Document: English Language Arts & Literacy in History/Social Studies, Science and Technical Subjects
Standards: Grades 6-12 Literacy in History/Social Studies, Science and Technical Subjects
http://www.corestandards.org/ELA-Literacy
Note: The activities in this lesson support learning related to the following standards. For more specifics,
please refer to the Standards section of this lesson.
Reading in History/Social Studies 6-8
Key Ideas and Details
CCSS.ELA-Literacy.RH.6-8.1
CCSS.ELA-Literacy.RH.6-8.2
Craft and Structure
CCSS.ELA-Literacy.RH.6-8.4
CCSS.ELA-Literacy.RH.6-8.
CCSS.ELA-Literacy.RH.6-8.6
Integration of Knowledge and Ideas
CCSS.ELA-Literacy.RH.6-8.7
CCSS.ELA-Literacy.RH.6-8.8
CCSS.ELA-Literacy.RH.6-8.9
Range of Reading and Level of Text Complexity
CCSS.ELA-Literacy.RH.6-8.10
Writing 6-8
Text Types and Purposes
CCSS.ELA-Literacy.WHST.6-8.1
CCSS.ELA-Literacy.WHST.6-8.2
Production and Distribution of Writing
CCSS.ELA-Literacy.WHST.6-8.4
Research to Build and Present Knowledge
CCSS.ELA-Literacy.WHST.6-8.7
CCSS.ELA-Literacy.WHST.6-8.8
CCSS.ELA-Literacy.WHST.6-8.9
Range of Writing
CCSS.ELA-Literacy.WHST.6-8.10--------------------------------------------------Reading in History/Social Studies 9-10
Key Ideas and Details
CCSS.ELA-Literacy.RH.9-10.1
CCSS.ELA-Literacy.RH.9-10.2
CCSS.ELA-Literacy.RH.9-10.3
Craft and Structure
CCSS.ELA-Literacy.RH.9-10.4
CCSS.ELA-Literacy.RH.9-10.5
CCSS.ELA-Literacy.RH.9-10.6
Integration of Knowledge and Ideas
CCSS.ELA-Literacy.RH.9-10.7
CCSS.ELA-Literacy.RH.9-10.8
CCSS.ELA-Literacy.RH.9-10.9
Range of Reading and Level of Text Complexity
CCSS.ELA-Literacy.RH.9-10.10

Writing 9-10
Text Types and Purposes
CCSS.ELA-Literacy.WHST.9-10.1
CCSS.ELA-Literacy.WHST.9-10.2
Production and Distribution of Writing
CCSS.ELA-Literacy.WHST.9-10.4
Research to Build and Present Knowledge
CCSS.ELA-Literacy.WHST.9-10.7
CCSS.ELA-Literacy.WHST.9-10.8
CCSS.ELA-Literacy.WHST.9-10.9
Range of Writing
CCSS.ELA-Literacy.WHST.9-10.10--------------------------------------------------Reading in History/Social Studies 11-12
Key Ideas and Details
CCSS.ELA-Literacy.RH.11-12.1
CCSS.ELA-Literacy.RH.11-12.2
CCSS.ELA-Literacy.RH.11-12.3
Craft and Structure
CCSS.ELA-Literacy.RH.11-12.4
CCSS.ELA-Literacy.RH.11-12.5
CCSS.ELA-Literacy.RH.11-12.6
Integration of Knowledge and Ideas
CCSS.ELA-Literacy.RH.11-12.7
CCSS.ELA-Literacy.RH.11-12.8
CCSS.ELA-Literacy.RH.11-12.9
Range of Reading and Level of Text Complexity
CCSS.ELA-Literacy.RH.11-12.10
Writing 11-12
Text Types and Purposes
CCSS.ELA-Literacy.WHST.11-12.1
CCSS.ELA-Literacy.WHST.11-12.2
Production and Distribution of Writing
CCSS.ELA-Literacy.WHST.11-12.4
Research to Build and Present Knowledge
CCSS.ELA-Literacy.WHST.11-12.7
CCSS.ELA-Literacy.WHST.11-12.8
CCSS.ELA-Literacy.WHST.11-12.9
Range of Writing
CCSS.ELA-Literacy.WHST.11-12.10

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Lesson: Defenders of Liberty: The People and the Press

STUDENT OUTCOMES
Knowledge, skills, and dispositions
Students will . . .
• Learn about the role of the press in achieving and maintaining liberty.
• Understand how and why citizens fit into our checks-and-balances system of government.
• Learn to value citizenship and the responsibility to be informed about the government.
• Trace the development and evolution of our First Amendment right to freedom of the press.
• Recognize how landmark Supreme Court decisions are a reflection of the times.
• Think critically about how technology is used to influence belief and behavior.
Integrated Skills
1. Information literacy skills
Students will . . .
• Extract, organize and analyze
information from different sources.
• Use skimming and research skills.
• Build background knowledge to support
new learning.
• Use technology to facilitate learning.
• Grapple with issues related to accessand use of information.
2. Media literacy skills
Students will . . .
• Gather and interpret information fromdifferent media.
• Use online sources to support learning.
3. Civic Literacy
Students will . . .
• Recognize the importance of knowing
about and understanding government
processes.
4. Communication skills
Students will . . .
• Write and speak clearly to contribute
ideas, information, and express own
point of view.
• Write in response to questions.
• Understand diverse opinions and pointsof view.
• Gather and interpret visual information.
• Develop listening skills.
5. Study skills• Manage time and materials.

6. Thinking skills
Students will . . .
• Describe and recall information.
• Make real-world connections.
• Explain ideas or concepts.
• Draw conclusions.
• Use systems thinking to analyze
interactions of parts to achieve adesired outcome• Use sound reasoning and logic.
• Evaluate information and decisions.
7. Problem-solving skills
Students will . . .
• Discuss issues and facts.
• Analyze cause-and-effect relationships.
• Examine reasoning used in making
decisions.
• Evaluate proposed solutions.
• Grapple with difficult issues and hard
choices.
8. Participation skills
Students will . . .
• Contribute to group discussions.
• Work responsibly both individually andwith diverse people.
• Express own beliefs, feelings andconvictions.
• Show initiative and self-direction.
• Interact with others to deepen
understanding.

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Lesson: Defenders of Liberty: The People and the Press

ASSESSMENT
Evidence of understanding may be gathered from student performance related to the following:•••

Class-Prep Assignment
Responses to each part in the video guideClass discussion and daily assignments

VOCABULARY for the LESSONPart 1: Civic History in Brief
abridgeamendment
Articles of Confederation
authoritybannedBill of Rights
citizenry
Congress
constitution
Constitution
crime
critical
democracy

First Amendment
Framers
freedom of speech
freedom of the press
gag
government
informed
integritylawparliament
printing pressprior restraint
protestprotest literature
ratifiedrevolution
revolutionaries
revolutionary era
revolutionary idea
Revolutionary War
rightsseditious libel
the Crown
the press
the public

Part 2: Laws Cases and Controversies
Words and Phrases
hindsight
suppress
articulate
check the government
moraledisrepute
opinionLaws and Events
World War I
Alien and Sedition Acts of 1798
Sedition Act of 1918
Espionage Act of 1917
First Amendment
Constitution

Legal and Government Terms“marketplace of ideas”
case“clear and present danger” test
contemptconviction
Democratic-Republican
dissent
dissenting opinion
Federalist
Jeffersonian
judicial review
law
majority opinion
political party
prosecutedsocialist
Supreme Court
Supreme Court opinion
draft
upholdPage 7 of 15

People to Know
George Washington
Thomas Jefferson
John Adams
Matthew Lyon
Eugene V. Debs
Justice Oliver Wendell Holmes
Justice Louis Brandeis
Judicial Decisions
Matthew Lyon case
Debs v. United States
Marbury v. Madison
Schenck v. United States
Abrams v. United States

Lesson: Defenders of Liberty: The People and the Press

Part 3: New York Times v. United States
Words and Phrases
advocatechecks and balancesclassified information“clear and present danger” standard
dissent
enjoinevolution in doctrine
expeditedhindsight
imminent harmFirst Amendment values
fourth branch of government
treasonleak
majority
manipulate
policytop secretundaunted
unprecedented

People and Organizations
Daniel Ellsberg
Alexander Haig
Charles Colson
Justice William J. Brennan Jr.
Justice Harry Blackmun
Justice William O. Douglas
President Nixon
Henry Kissinger
New York Times
Washington Post
MarinesDocuments and Events
Vietnam War
Pentagon Papers

Resources for Definitions•

Findlaw—Law Dictionary
http://dictionary.lp.findlaw.com/•

Legal Information Institute, Cornell University Law School
Wex: Allhttps://www.law.cornell.edu/wex/all•

National Standards for Civics and Government: Glossary
http://new.civiced.org/standards?page=stds_glossary•

Merriam-Webster Online
http://www.merriam-webster.com/•

Annenberg Classroom – Glossary
http://www.annenbergclassroom.org/terms•

Glossary of Legal Terms: SCOTUSblog
http://www.scotusblog.com/reference/educational-resources/glossary-of-legal-terms/•

Glossary: United States Courts
http://www.uscourts.gov/Common/Glossary.aspx

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Lesson: Defenders of Liberty: The People and the Press

LESSON OVERVIEWThis lesson is organized to support study and learning related to the 25-minute video Freedom of thePress: New York Times v. United States by providing a plan that can be adapted for classes of different
lengths and students of different levels. Due to the depth of prerequisite knowledge required, thislesson divides the video into logical parts (shown below) to facilitate thoughtful reflection of thecontent. The parts and their titles do not appear in the video. The transcript, however, has beenformatted to support the activities in the lesson.
Day 1 Showing

Part 1: Civic History in Brief (Start – 06:22)
Part 2: Laws, Cases, and Controversies (06:23 – 14:18)

Day 2 Showing

Part 3: New York Times v. United States (14:19 – End)

Goals:
Students will . . .
• Identify the responsibilities of government in a national state of emergency.
• Appreciate how the checks-and-balances system works to protect individual liberties.
• Discover how the government responded to the events of 9/11.
• Understand the history and importance of habeas corpus.
• Analyze how executive orders affected individual liberties in three wars.
• Consider the importance of adhering to the rule of law.
• Grapple with timely issues that affect national security and individual liberties.
Class-Prep Assignment: Behind the Scenes
Students complete a self-assessment of civics knowledge and submit their scores before starting theClass-Prep Assignment. This assignment builds background knowledge and understanding forcontent covered in each part of the video.
DAY 1: Give and Take
Students learn how time and experience not only gave us free speech and press rights, but also
caused the government to start taking them away.
DAY 2: Back to Basics
Students learn about the landmark Supreme Court decision in New York Times v. United States andexplore the impact of the decision on the relationship between the government, the people, and thepress.

Citizenship is every person’s highest calling.
– Ambassador Walter H. Annenberg

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Lesson: Defenders of Liberty: The People and the Press

TEACHING ACTIVITIES: Day by Day

Class-Prep Assignment: Behind the Scenes
Students complete the Civics Knowledge Self-Assessment and submit their scores before starting theClass-Prep Assignment.
This Class-Prep Assignment provides important background knowledge for the content covered in thevideo Freedom of the Press: New York Times v. United States. It is divided into three parts. Each part isdesigned to acquaint students with the laws, cases, people, issues and terminology they will encounter
when watching the corresponding part in the video.
Before each showing, allow students enough time to complete the parts as indicated below.
Part 1: Civic History in Brief
Part 2: Laws, Cases, and Controversies
Part 3: New York Times v. U.S.

Day 1 Showing
Day 2 Showing

Materials/Technology Needed:• Civics Knowledge Self-Assessment• Class-Prep Assignment: Behind the Scenes (Student Materials)
o Part 1: Civic History in Briefo Part 2: Laws, Cases, and Controversies• Synopsis of the Story• Visual: Track the Story Line• Internet access• All resources included with the lesson
Instructions:
1. Have students complete the Civics Knowledge Self-Assessment before starting Part 1 of ClassPrep Assignment.
2. Introduce the story by using the Synopsis of the Story and preview the story line by using thevisual. Throughout the lesson, refer to the visual as needed to help students keep track of thestory.
3. Review instructions for the Class-Prep Assignment and assign Part 1 and Part 2.

* Make available all resources included with this lesson for the duration of the activities. *Remind students to bring their work to class.

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Lesson: Defenders of Liberty: The People and the Press

DAY 1: Give and TakeDay 1 Showing

Part 1: Civic History in Brief (Start – 06:22)
Part 2: Laws, Cases, and Controversies (06:23– 14:18)

Overview: Students watch the first two parts of the video and begin to analyze how time and experience
not only gave us free speech and press rights, but also caused the government to start taking them
away.
Goal: Students will learn about role of the press in securing and defending our liberty, even in wartime.
Materials/Equipment:• Computers with internet access• Video: Freedom of the Press: New York Times v. United States (25 minutes)
Available from Annenberg Classroom at http://www.annenbergclassroom.org/page/all-videos• Video transcript: Freedom of the Press: New York Times v. United States (In Lesson Resources)• Supreme Court opinions in the four Guantanamo cases (In Lesson Resources)• Research tips: Supreme Court Cases and Opinion (In Lesson Resources)
Student Materials:• Class-Prep Assignment – Part 1 and Part 2 (completed before class)• Student’s Video Guide• Visual: Track the Story Line
Teacher Materials:• Teacher’s Video Guide & Key• Keys for All Cases in Brief (Activity in Part 2)• Visual: Track the Story Line
Procedure:
1. Briefly review Parts 1 and 2 in the Class-Prep Assignment.
2. Distribute and review the Student’s Video Guide.
3. Show Part 1 and Part 2 of the video. Stop after Part 1 to reflect and discuss as a class or assign
questions in the video guide.
4. Use the visual to track and review the story after each part.
Homework:
Class-Prep Assignment: Complete Part 3: New York Times v. United States
Purpose: Become familiar with the case and the opinion that will be discussed in Part 3 of the video.

Remind students to bring the assignment to class.
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Lesson: Defenders of Liberty: The People and the Press

DAY 2: Back to Basics
Day 2 Showing

Part 3: New York Times v. United States

Overview: Students watch the remainder of the video, which focuses on the Supreme Court case anddecision in New York Times v. United States.
Goal: Students explore the impact of the case and decision in New York Times v. United States on thepeople’s right to a free press.
Materials Needed:• Computer with internet connection• Video: Freedom of the Press: New York Times v. United States
Available from Annenberg Classroom at http://www.annenbergclassroom.org/page/all-videos
Student Materials:• Student’s Video Guide (used on Day 1)• Class-Prep Assignment: Part 3 (completed before
class)• Visual: Track the Story Line
Teacher Materials:• Teacher’s Video Guide & Key (used on Day 1)
Procedure:
1. Briefly review the Case Brief Chart for New York Times v. United States assigned forhomework.
2. Show the last part of the video, then review the story line with the visual.
3. Conduct Three-Minute Reviews. (Instructions are provided in the Video Guide)

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Lesson: Defenders of Liberty: The People and the Press

EXTENSION ACTIVITIESHave more time to teach?
1. Explore the responsibilities and challenges of 21st century citizenship.
http://www.p21.org/about-us/p21-framework/258
2. Gather, discuss and evaluate contemporary examples of the press exposing questionable practices
or illegal behavior by the government. (e.g., lies, secrets, deception, manipulation of facts, editing
the historical record, misuse of classified material, taking advantage of uninformed andinexperienced reporters, etc.)
3. Develop and conduct a survey of students and adults that gathers data on media use for news andinformation about the government.
4. Explore examples of conflicts between the press and the president in current and past
administrations.
5. Examine the risks and benefits of the 24/7 news cycle. Address the problems associated with giving
the public early, unsubstantiated and incomplete information.
6. Identify and discuss the challenges faced by the government, the people and the press in the midstof the war on terror.
7. Address the problems of information overload and the struggle to stay informed in the informationage. Devise a plan for helping ordinary people become discerning consumers of the news.
8. Learn about the status of freedom of the press around the world.
Freedom House Reports
https://freedomhouse.org/reports
9. Learn about “the law that keeps citizens in the know about their government” and how it works.
Freedom of Information Act (FOIA)
https://www.foia.gov/
10. Review codes of ethics in journalism, then analyze and evaluate the work of journalists fromdifferent media outlets.
• SPJ Code of Ethics, Society of Professional Journalists
http://www.spj.org/ethicscode.asp• National Press Photographers Association: Code of Ethics
https://nppa.org/code_of_ethics

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Lesson: Defenders of Liberty: The People and the Press

RELATED RESOURCES
Annenberg Resources:•

Understanding Democracy, A Hip Pocket Guide—John J. Patrick
http://www.annenbergclassroom.org/page/understanding-democracy-a-hip-pocket-guide•

Chapter 7: The Right to Freedom of the Press, Our Rights
http://www.annenbergclassroom.org/Files/Documents/Books/Our%20Rights/Chapter_7_Our_R
ights.pdf•

Chapter 15: Freedom of the Press in a Free Society, The Pursuit of Justice
http://www.annenbergclassroom.org/Files/Documents/Books/The%20Pursuit%20of%20Justice/126_133_Ch_15.pdf•

Freedom of the Press: Timelines
http://www.annenbergclassroom.org/timeline/freedom-of-the-press•

The Annenberg Guide to the United States Constitution: What It Says, What It MeansFirst Amendment
http://www.annenbergclassroom.org/page/first-amendment•

Civil Liberties in Wartime: Timeline
http://www.annenbergclassroom.org/Files/Documents/Timelines/CivilLibertiesinWartime.pdf

Civic Literacy•

21st Century Citizenship: Partnership for 21st Century Skills
http://www.p21.org/our-work/citizenship•

U.S. Citizenship and Immigration Services: Civics Practice Test
https://my.uscis.gov/prep/test/civics•

Civics (History and Government) Questions for the Naturalization Test (rev. 2/16)
https://www.uscis.gov/sites/default/files/USCIS/Office%20of%20Citizenship/Citizenship%20Res
ource%20Center%20Site/Publications/100q.pdf•

iCivics Lesson: The Fourth Branch: YOU!
https://www.icivics.org/sites/default/files/Fourth%20Branch.pdf•

Civics Renewal Network
http://civicsrenewalnetwork.org/

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Lesson: Defenders of Liberty: The People and the Press

Press Freedom•

First Amendment
https://www.law.cornell.edu/anncon/html/amdt1bfrag1_user.html#amdt1b_hd4
http://constitution.findlaw.com/amendment1.html•

Bill of Rights Institute: Landmark Supreme Court Cases—Freedom of the Press
https://billofrightsinstitute.org/educate/educator-resources/landmark-cases/freedom-of-thepress/•

National Archives: Freedom of the Press Under Stress
https://education.blogs.archives.gov/2016/04/26/freedom-of-the-press-under-stress/•

A Free Press
http://www.archives.gov/philadelphia/exhibits/franklin/press.html•

Proclamation 5360: Freedom of the Press Day, May 3
https://reaganlibrary.archives.gov/archives/speeches/1985/80285c.htm•

Speech by President Kennedy: The President and the Press: Address before the American
Newspaper Publishers Association, April 27, 1961
http://www.jfklibrary.org/Research/Research-Aids/JFK-Speeches/American-NewspaperPublishers-Association_19610427.aspx•

Student Press Law Center
http://www.splc.org/•

Defenders of Freedom: The Media and You
http://usatoday30.usatoday.com/educate/elections/elect5.htm

Supreme Court Resources•

Information about Opinions
http://www.supremecourt.gov/opinions/info_opinions.aspx•

United States Reports: Decisions of the United States Supreme Court
https://law.resource.org/pub/us/case/reporter/US/“In the absence of the governmental checks and balances present in other areas of our national life,
the only effective restraint upon executive policy and power in the areas of national defense andinternational affairs may lie in an enlightened citizenry -- in an informed and critical public opinion
which alone can here protect the values of democratic government. For this reason, it is perhaps
here that a press that is alert, aware, and free most vitally serves the basic purpose of the First
Amendment. For, without an informed and free press, there cannot be an enlightened people.”
Justice Stewart, Concurring opinion: New York Times Co. v. United States (1971)

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Lesson: Defenders of Liberty: The People and the Press

Student Materials•

Civics Knowledge Self-Assessment•

Class-Prep Assignment: Behind the Scenes
Part 1: Civic History in Brief
Part 2: Laws, Cases, and Controversies
Part 3: New York Times v. United States•

Research Tips: Supreme Court Cases and Opinions•

Student’s Video Guide•

Synopsis of the Story•

Visual: Track the Story Line

Civics Knowledge Self-Assessment
Those applying to become U.S. citizens must pass a civics (history and government)
test as part of the process. The following questions are taken from the 100-question
list by U.S. Citizenship and Immigration Services updated 2/16. All questions relate
to topics in the video Freedom of the Press: New York Times v. United States and theaccompanying lesson.

Score Box
Assessment
Date:
Raw score:
Percent:

Instructions:
1. Check your knowledge by answering the questions before starting the Class-Prep Assignment.
2. Correct answers by using the USCIS 100 Civics Questions and Answers as a key. Your teacher can
provide you with a copy or you may access one from USCIS:
https://www.uscis.gov/citizenship/learners/study-test/study-materials-civics-test
3. Write your score in the box at the right.
4. Rate your knowledge level on a scale of 0-10. ______________________
0= No nothing 10 = Expert
Questions:
Note: The reference code following each question indicates the question number on the key.
(Q1) = question 1
1. What is the supreme law of the land? (Q1)
2. What does the Constitution do? (Q2)
3. The idea of self-government is in the first three words of the Constitution. What are thesewords? (Q3)
4. What is an amendment? (Q4)
5. What do we call the first ten amendments to the Constitution? (Q5)
6. What is one right or freedom from the First Amendment? (Q6)
7. What did the Declaration of Independence do? (Q8)
8. What are two rights in the Declaration of Independence? (Q9)9. What is the “rule of law”? (Q12)
10. Name one branch or part of the government? (Q13)
11. What stops one branch of government from becoming too powerful? (Q14)
12. Who is in charge of the executive branch? (Q15)
13. Who makes federal laws? (Q16)
14. What are the two parts of the U.S. Congress? (17)Page 1 of 2

Civics Knowledge Self-Assessment
15. Who signs bills to become laws? (Q33)
16. Who vetoes bills? (Q34)
17. What does the judicial branch do? (Q37)
18. What is the highest court in the United States? (Q38)
19. How many justices are on the Supreme Court? (Q39)
20. What are the two major political parties in the United States? (Q45)
21. What is one responsibility that is only for United States citizens? (Q49)
22. Name one right only for United States citizens? (Q50)
23. What are the two rights of everyone living in the United States? (Q51)
24. What do we show loyalty to when we say the Pledge of Allegiance? (Q52)
25. What is one promise you make when you become a United States citizen? (Q53)
26. How old do citizens have to be to vote for President? (Q54)
27. What are two ways that Americans can participate in their democracy? (Q55)
28. What is one reason colonists came to America? (Q58)
29. Why did the colonists fight the British? (Q61)
30. When was the Declaration of Independence adopted? (Q63)
31. There were thirteen original states. Name three. (Q64)
32. What happened at the Constitutional Convention? (Q65)
33. When was the Constitution written? (Q66)
34. The Federalist Papers supported the passage of the U.S. Constitution. Name one of the writers.
(Q67)
35. Who was the “Father of Our Country?” (Q69)
36. Who was the first President? (Q70)
37. Name one war fought by the United states in the 1900s. (Q78)
38. Who was president during World War I? (Q79)

Page 2 of 2

Lesson: Defenders of Liberty: The People and the Press

Class-Prep Assignment: Behind the Scenes
Part 1: Civic History in Brief

Prerequisite: Complete the Civics Knowledge Self-Assessment and submit your score.
Introduction:
The Class-Prep Assignment is designed to provide you with essential background knowledge for thevideo Freedom of the Press: New York Times v. United States. It is divided into three parts. Each part
supports a specific section of the video.
Instructions:
1. You may work independently, with a partner, or in a study group.
Should you choose to work with others, please identify them by name below.
2. Complete the work for each of the following parts as assigned before watching the video.
Part 1: Civic History in Brief
Part 2: Laws, Cases, and Controversies
Part 3: New York v. United States
3. Bring all related work to class to use as a reference during class discussion.
4. Use the resources at the end of each part and those made available by the teacher to complete thework.
5. Keep a list of other reputable sources used.

Bring this assignment and all completed work with you to class.
Page 1 of 4

Lesson: Defenders of Liberty: The People and the Press

Class-Prep Assignment: Behind the Scenes
Part 1: Civic History in Brief

Part 1: Civic History in Brief
In Part 1, you will learn about the experiences, words, aspirations and interactions of people and theirgovernment over time that led to the unabridged rights to freedom of speech and the press in the U.S.
Constitution.
Instructions:
Use the resources at the end of Part I to assist with the questions and activities.
Questions:
1. When was the printing press invented and why?
2. Describe the relationship between British subjects and the King of England during the colonial
period.
3. How did the king handle the press in England and in the colonies?
4. During the colonial period, how did the King and the people make use of the press?
5. The colonists believed the right to a free press was part of their “heritage as Englishmen.” Explain.
6. Why was the press valuable to the colonists in the revolutionary period?
7. How did the colonists get the right to a free press?
8. Quote the relevant phrase for the right to free speech and the press. Cite the source. Identify thecitation format you followed.
Restate the quote without using any of the exact words.
Activity 1: Sequence the Events
Chronology tells the story of the press from regulation to freedom. Sequence the following experiences,
events, and documents, then rewrite them in correct order. Add dates and descriptors for each itemwith an asterisk (*).
____ Articles of Confederation*____ Regulation and censorship of the press in the colonies____ U.S. Constitution*____ Invention and use of the printing press*____ Bill of Rights*____ Colonization in the U.S. by the British begins*____ Declaration of Independence*____ Bill of Rights*____ Regulation and censorship of the press in England____ First Amendment*____ Revolutionary War* (1775-1783; war for independence)
Page 2 of 4

Lesson: Defenders of Liberty: The People and the Press

Class-Prep Assignment: Behind the Scenes
Part 1: Civic History in Brief

Be prepared to discuss ways in which the people, the press, and their government bothchanged and stayed the same over the period of time covered.

Activity 2: Design a Graphic
Freedom of expression includes freedom of speech and the press. Design a graphic, such as a Venn
diagram, that compares and contrasts the two rights.
Speech:Press:
Both speech and press:
Activity 3: The Founder’s Own Words
Analyze the following quotes to determine what the founders said about the people, the press, thegovernment, and liberty. Take notes.
•

Thomas Jefferson to Edward Carrington, 16 January 1787
“I am persuaded myself that the good sense of the people will always be found to be the best army.
They may be led astray for a moment, but will soon correct themselves. The people are the only
censors of their governors: and even their errors will tend to keep these to the true principles of
their institution. To punish these errors too severely would be to suppress the only safeguard of the
public liberty. The way to prevent these irregular interpositions of the people is to give them full
information of their affairs thro' the channel of the public papers, and to contrive that those papers
should penetrate the whole mass of the people. The basis of our governments being the opinion of
the people, the very first object should be to keep that right; and were it left to me to decide
whether we should have a government without newspapers, or newspapers without a government,
I should not hesitate a moment to prefer the latter. But I should mean that every man should
receive those papers and be capable of reading them.”•

Thomas Jefferson to James Madison, 10 December 1787“. . . Bill of Rights is what the people are entitled to against every government, and what nogovernment should refuse, or rest on interference.”•

Thomas Jefferson to Colonel Charles Yancey, Monticello, January 6, 1816
“If a nation expects to be ignorant and free, in a state of civilization, it expects what never was andnever will be. The functionaries of every government have propensities to command at will theliberty and property of their constituents. There is no safe deposit for these but with the people
themselves; nor can they be safe with them without information. Where the press is free, and every
man able to read, all is safe.”•

James Madison: “The people shall not be deprived or abridged of their right to speak, to write, or
to publish their sentiments; and the freedom of the press, as one of the great bulwarks of liberty,
shall be inviolable.”

Page 3 of 4

Lesson: Defenders of Liberty: The People and the Press

Class-Prep Assignment: Behind the Scenes
Part 1: Civic History in Brief

Part 1 Resources•

The Annenberg Guide to the United States Constitution: What It Says, What It Means
http://www.annenbergclassroom.org/page/a-guide-to-the-united-states-constitution•

First Amendment Overview, Legal Information Institute, Cornell University Law Schoolhttps://www.law.cornell.edu/wex/first_amendment•

Chapter 7: The Right to Freedom of the Press, Our Rights
Focus on the first 4 paragraphs. (Included in Lesson Resources)
http://www.annenbergclassroom.org/Files/Documents/Books/Our%20Rights/Chapter_7_Our_R
ights.pdf•

Our Constitution: Chapter One: Why Was a Constitution Necessary?
http://www.annenbergclassroom.org/Files/Documents/Books/Our%20Constitution/Chapter%2
01_Our%20Constitution.pdf•

Understanding Democracy, A Hip Pocket Guide—John J. Patrick(Selections Included in Lesson Resources)
http://www.annenbergclassroom.org/page/understanding-democracy-a-hip-pocket-guide

Additional Resources Used

Cite other reputable sources used.

Video Vocabulary for Part 1

After working through Part 1, assess your knowledge of the vocabulary words below, including multiple
meanings, as these terms will be used in video.
abridgeamendment
Articles of Confederation
authoritybannedBill of Rights
citizenry
Congress
constitution
Constitution
crime
critical
democracy

First Amendment
Framers
freedom of speech
freedom of the press
gag
government
informed
integritylawparliament
printing pressprior restraint
protestPage 4 of 4

protest literature
ratifiedrevolution
revolutionaries
revolutionary era
revolutionary idea
Revolutionary War
rightsseditious libel
the Crown
the press
the publicLesson: Defenders of Liberty: The People and the Press

Class-Prep Assignment: Behind the Scenes
Part 2: Laws, Cases, and Controversies

Part 2: Laws, Cases, and Controversies
In Part 2, you will learn about judicial decisions that show how interpretations of the rights to freespeech and the press evolved over time.
Activity #1:
Select words from the list at the right to fill in the blanks or answer thequestions. Consult the Part 2 Resources to assist with the activity.
1. A possible war with France led the first Congress to pass the______________and President ___________ to sign them into law.
______________was the Vice President and a leader of the______________Party. The President was a member of the _______Party.
2. _____________ was one of the earliest people convicted of___________
under the _____________________ for writing and reading a letter criticalof President Adams and his administration’s policy toward France.
1. The power of ____________gives the ____________the power to declare_______________ laws written by Congress and signed into law by the
President. In World War I, which laws made dissenting words a ________?
_____________________________________
2. In which cases were individuals convicted for voicing opposition to a war or
government actions? ______________________________________
3. In which cases were individuals convicted for the distribution of writtenmaterial deemed a threat by the government? ________________________________________________________________________________
4. In _________________, the Supreme Court unanimously agreed that thenature of the circumstances ultimately determines if one can claim
protection under the free speech clause of the _______________. Whendelivering the majority opinion, ___________________ linked printed
words and spoken words and articulated a standard known as the________________________ for determining when the government canlimit individual ________________.
5. ________________ was a _____________leader sentenced to 10 years infederal prison for giving an anti-war speech that included criticism of the___________.
6. When Justice Oliver Wendell Holmes wrote his _________________in__________________, he used the metaphor of a marketplace to explain
the value of __________________ and the free exchange of ideas.
Page 1 of 4

Vocabulary
PeopleGeorge Washington
Thomas Jefferson
John Adams
Matthew Lyon
Eugene V. Debs
Justice Oliver Wendell Holmes
Justice Louis Brandeis
Laws and Cases
Sedition Act of 1798
Sedition Act of 1918
Espionage Act of 1917
U.S. Constitution
Debs v. United States
Marbury v. Madison
Schenck v. United States
Abrams v. United States
United States v. Matthew Lyon
Legal & Political Terms“clear and present danger” test
conviction
crime
Democratic-Republican
dissenting opinion
draft
Federalist
First Amendment
freedom of speech
Jeffersonian
judicial review
libertymajority opinion“marketplace of ideas”
opposition party
political party
prosecuteseditious libelSocialist
the press

Lesson: Defenders of Liberty: The People and the Press

Class-Prep Assignment: Behind the Scenes
Part 2: Laws, Cases, and Controversies

Research Activity #2: Dangerous Words?
Through this activity you will learn more about four historic cases in which these people ended up being
convicted under the law and sentenced to prison for using words to oppose the federal government:• Matthew Lyon
• Eugene V. Debs
• Charles T. Schenck• Jacob Abrams
Cases for three of the people were appealed and heard by a Supreme Court that upheld the convictions.
One was not. Each case plays an important role in the video you will watch in class.
Instructions:Reproduce the Case in Brief Chart below, then work with a partner or in a study group to complete 1
chart for each case before coming to class. Only complete rows 1-8 at this time.
Note: There are two categories that do not apply for one case. Write N/A and give a reason.
Case in Brief Chart
1.

Name of the Case

Which court was the final arbiterof this case?

Vote

2.

Full Citation for the Opinion

Constitutional Issue

Decision Date

3.

Identify Opposing Parties:

4.

5.

Background Story (Facts):
a. Describe the historical context (e.g., major events, issues, concerns of society) at the time.)b. Provide key information about each of the parties.
c. What decision/action led to the dispute between parties?
d. Why did the parties end up in court?
e. What claims were made by each side?
Question Before the Court:

6.

Decision of the Court:

7.

Outcome:8.

Was this case about spoken words, printed words, or both?

Complete the following AFTER watching the video.
9. How did the decision in this case contribute to the story in the video?
10. Describe a memorable point, principle or understanding involving this case and provide a supporting
quote. Identify the writer and indicate if it comes from the majority or dissenting opinion.
11. Explain how the case and the decision are a reflection of the times.

Page 2 of 4

Lesson: Defenders of Liberty: The People and the Press

Class-Prep Assignment: Behind the Scenes
Part 2: Laws, Cases, and Controversies

Part 2 Resources

This collection of resources is provided to assist with completing the activities in Part 2.
• Research Tips: Supreme Court Cases and Opinions (Lesson Resource)•

Civil Liberties in Wartime: Timeline (Included in Lesson Resources)
Annenberg Classroom
http://www.annenbergclassroom.org/Files/Documents/Timelines/CivilLibertiesinWartime.pdf
An annotated timeline containing the laws and cases covered in this assignment.

•

Chapter 6: The Right to Free Speech, Our Rights (Included in Lesson Resources)
Annenberg Classroom
http://www.annenbergclassroom.org/Files/Documents/Books/Our%20Rights/Chapter_6_Our_R
ights.pdf•

Chapter 8: Limits and Latitude, The Pursuit of Justice (Included in Lesson Resources)
Annenberg Classroom
http://www.annenbergclassroom.org/Files/Documents/Books/The%20Pursuit%20of%20Justice/
69_75_Ch_8.pdf•

The Sedition Act of 1918
PBS: http://www.pbs.org/wnet/supremecourt/capitalism/sources_document1.html•

Sedition Act Trials: Historical Documents and Background: A Short Narrative
Federal Judicial Center: http://www.fjc.gov/history/home.nsf/page/tu_sedition_narrative.html•

Schenck v. United States
OYEZ: https://www.oyez.org/cases/1900-1940/249us47
Justia: https://supreme.justia.com/cases/federal/us/249/47/
Britannica: https://www.britannica.com/biography/Charles-T-Schenck•

Abrams v. United States
OYEZ: https://www.oyez.org/cases/1900-1940/250us616
Justia: https://supreme.justia.com/cases/federal/us/250/616/case.html
PBS: http://www.pbs.org/wnet/supremecourt/personality/landmark_abrams.html•

Debs. v. United States

Oyez: https://www.oyez.org/cases/1900-1940/249us211

Justia: https://supreme.justia.com/cases/federal/us/249/211/
Britannica: https://www.britannica.com/biography/Eugene-V-Debs• United States Reports: Decisions of the United States Supreme Court
https://law.resource.org/pub/us/case/reporter/US/(Use the citation to locate the case.)
Page 3 of 4

Lesson: Defenders of Liberty: The People and the Press

Class-Prep Assignment: Behind the Scenes
Part 2: Laws, Cases, and Controversies

Resources for Terminology•

Legal Information Institute, Cornell University Law Schoolhttps://www.law.cornell.edu/wex/all•

Findlaw—Law Dictionary
http://dictionary.lp.findlaw.com/•

Glossary of Legal Terms: SCOTUSblog
http://www.scotusblog.com/reference/educational-resources/glossary-of-legal-terms/

Additional References and Resources Used
Cite other reputable sources used.

Video Vocabulary for Part 2

After working through Part 2, self-assess your knowledge of the vocabulary words below, including
multiple meanings, as they will be used in this part of the video.

Words and Phrases
hindsight
suppress
articulate
check the government
moraledisrepute
opinionLaws and Events
World War I
Alien and Sedition Acts of 1798
Sedition Act of 1918
Espionage Act of 1917
First Amendment
Constitution

Legal and Government Terms“marketplace of ideas”
case“clear and present danger” test
contemptconviction
Democratic-Republican
dissent
dissenting opinion
Federalist
Jeffersonian
judicial review
law
majority opinion
political party
prosecutedsocialist
Supreme Court
Supreme Court opinion
draft
upholdPage 4 of 4

People to Know
George Washington
Thomas Jefferson
John Adams
Matthew Lyon
Eugene V. Debs
Justice Oliver Wendell Holmes
Justice Louis Brandeis
Judicial Decisions
Matthew Lyon case
Debs v. United States
Marbury v. Madison
Schenck v. United States
Abrams v. United States

Lesson: Defenders of Liberty: The People and the Press

Class-Prep Assignment: Behind the Scenes
Part 3: New York Times v. United States

Part 3: New York Times v. United States
In Part 3, you will learn about the Supreme Court decision in New York Times v. United States (1971) anddiscover how it changed the trajectory of the Court’s interpretation of the First Amendment right tofreedom of the press.
Research Activity:
1. Reproduce, then complete rows 1-8 in the Case in Brief Chart (same chart used in Part 2).
2. Use the resources at the end of Part 3 to assist with this activity.
3. Cite other reputable sources used.
Case in Brief Chart
Which court was the final arbiterof this case?

1.

Name of the Case2.

Full Citation for the Opinion

3.

Identify Opposing Parties:

4.

5.

Background Story (Facts):
a. Describe the historical context (e.g., major events, issues, concerns of society) at the time.
b. Provide key information about each of the parties.
c. What decision/action led to the dispute between parties?
d. Why did the parties end up in court?
e. What claims were made by each side?
Question Before the Court:

6.

Decision of the Court:

7.

Outcome:8.

Was this case about spoken words, printed words, or both?

Constitutional Issue

Vote
Decision Date

Complete the following AFTER watching the video.
9. How did the decision in this case contribute to the story in the video?
10. Describe a memorable point, principle, or understanding involving this case and provide a supporting
quote. Identify the writer and indicate if it comes from the majority or dissenting opinion.
11. Explain how the case and the decision are a reflection of the times.

Page 1 of 3

Lesson: Defenders of Liberty: The People and the Press

Class-Prep Assignment: Behind the Scenes
Part 3: New York Times v. United States

Part 3: New York Times v. United States
Part 3 Resources:•

Freedom of the Press: Prior Restraint
First Amendment Center
http://www.firstamendmentcenter.org/prior-restraint•

Civil Liberties in Wartime: Timeline
Annenberg Classroom
http://www.annenbergclassroom.org/Files/Documents/Timelines/CivilLibertiesinWartime.pdf
An annotated timeline containing the laws and cases covered in this assignment.

•

New York Times v. United States (1971)
Bill of Rights Institute:
http://billofrightsinstitute.org/educate/educator-resources/lessons-plans/landmark-supremecourt-cases-elessons/new-york-times-v-united-states-1971/•

United States Reports: Electronic copies of the official printed version
https://law.resource.org/pub/us/case/reporter/US/403/403.US.713.1873.1885.html•

New York Times Company v. United States
OYEZ: https://www.oyez.org/cases/1970/1873•

New York Times Co. v. United States
403 U.S. 713 (1971)
Justia: https://supreme.justia.com/cases/federal/us/403/713/

Resources for Terminology•

Legal Information Institute, Cornell University Law Schoolhttps://www.law.cornell.edu/wex/all•

Findlaw—Law Dictionary
http://dictionary.lp.findlaw.com/•

Glossary of Legal Terms: SCOTUSblog
http://www.scotusblog.com/reference/educational-resources/glossary-of-legal-terms/•

Glossary: United States Courts
http://www.uscourts.gov/Common/Glossary.aspx•

Merriam-Webster Online
http://www.merriam-webster.com/
Page 2 of 3

Lesson: Defenders of Liberty: The People and the Press

Class-Prep Assignment: Behind the Scenes
Part 3: New York Times v. United States

Part 3: New York Times v. United States
Additional Resources Used
List the names and provide links for other reputable sources used.

Video Vocabulary for Part 3

Self-assess your knowledge of the vocabulary words below, including multiple meanings. Be sure you
can identify the people, organizations, documents and events as they all play significant roles in the lastpart of the story.
Words and Phrases
advocatechecks and balancesclassified information“clear and present danger” standard
dissent
enjoinevolution in doctrine
expeditedhindsight
imminent harmFirst Amendment values
fourth branch of government
treasonleak
majority
manipulate
policytop secretundaunted
unprecedented

People and Organizations
Daniel Ellsberg
Alexander Haig
Charles Colson
Justice William J. Brennan, Jr.
Justice Harry Blackmun
Justice William O. Douglas
President Nixon
Henry Kissinger
New York Times
Washington Post
MarinesDocuments and Events
Vietnam War
Pentagon Papers

Page 3 of 3

Lesson: Defenders of Liberty: The People and the Press

Research Tips: Supreme Court Cases and Opinions
1. Case names and Supreme Court opinions may be written in short or long forms.
The following format variations are for the same case.
New York Times Company v. United States ← The parties in dispute are italicized.)
New York Times Co. v. United States
New York Times v. United States
New York Times Co. v. United States (1971) ← The date indicates the year of the Court’s opinion.
New York Times Company v. United States, 403 U.S. 713 (1971) ← full citation
When the official Supreme Court Opinion is recorded in United States Reports, the title includes
more information:

Source: https://law.resource.org/pub/us/case/reporter/US/403/403.US.713.1873.1885.html
2. Every Supreme Court opinion has an official citation.
The full citation contains 5 elements: case name (names of the parties involved), year the Supreme
Court made its decision, publisher of the opinion, the volume and page number in the official
record, United States Reports.
Example:New York Times Company v. United States ← case name in italics
403 U.S. 713 (1971)

403
Volume #in United States Reports

U.S.
United States Reports
Initials for the publisherof the opinion

713
Page NumberFirst page of the case in
the volume(1971)
Year of Decisionin parentheses

3. There is only 1 official source for Supreme Court decisions.
• United States Reports
Official bound volumes: http://www.supremecourtus.gov/opinions/boundvolumes.html
Electronic copies: https://law.resource.org/pub/us/case/reporter/US/
The print version trumps the electronic version should there be any discrepancies.
4. Reputable sources such as these, though unofficial, provide additional helpful information.
• Oyez: https://www.oyez.org/• Findlaw: http://caselaw.findlaw.com/court/us-supreme-court• Cornell University Law School: https://www.law.cornell.edu/supct/search/search.html• Justia US Supreme Court: https://supreme.justia.com/

Lesson: Defenders of Liberty: The People and the Press

Student’s Video Guide
Freedom of the Press: New York Times v. United States(Time: 25 minutes)

Synopsis
Freedom of speech or the press did not exist in the colonies before the Constitution. British subjects
were under the authority of the king, and the king punished dissenters. The king also controlled thepress and censored content before it was published. After the colonists fought and won independence
from England, the rules were changed when the Constitution was written.
Remembering the king’s actions, the Framers designed a government with three branches and a systemof checks and balances to prevent the abuse of power. They also made the federal government
responsible for protecting individual liberties and accountable to a separate, but all powerful group, thePeople.
Jefferson viewed the press as the “only safeguard for public liberty” and an informed citizenry as “thebest army” for the task. Freedom of the press was seen as vital for protecting democracy, so the
Framers linked it to speech and included both in the First Amendment: “Congress shall make no law . . .
abridging freedom of speech, or of the press...”Experience not only made its mark on the Constitution, but it also impacted judicial interpretations that
followed. In World War I, the Supreme Court upheld government actions against people in the interestof national security. Over the next 200 years, the Court would continue to grapple with freedom of
expression issues in wartime. All the while, a watchful press would keep the public informed and debate
alive. In 1971, the Supreme Court reaffirmed freedom of the press even in the midst of a national crisisby allowing the publication of the Pentagon Papers. It had come full circle in its views.
This video tells the story of how time and experience gave us the fundamental rights of free speech anda free press and how our understanding of those rights evolved over the years.
Speakers on Screen• Akhil Amar: Yale Law School• Barbie Zelizer: University of Pennsylvania• Floyd Abrams: Attorney, Cahill Gordon & Reindel• Geoffrey R. Stone: University of Chicago Law
School• Joanne Freeman: Yale University• Kanji Yoshino: New York University School of Law• Paula Franzese: Seton Hall University School of
Law• Stephen Solomon: New York University• Susan Herman: President, American Civil LibertiesUnion• Ted Olson: Former U.S. Solicitor General• Vincent Warren: Executive Director, Center for
Constitutional Rights

Speakers on Audio Tape
• Alexander M. Haig, Jr.: White House Chief of Staff• Charles Colson: Special Council to the President• Henry Kissinger: Secretary of State• Richard M. Nixon: President of the United States
Laws and Cases• Espionage Act of 1917
• Sedition Act of 1798
• Sedition Act of 1918
• U.S. Constitution• Abrams v. United States• Debs v. United States• Marbury v. Madison• New York Times v. United States• Schenck v. United States• United States v. Matthew Lyon

Page 1 of 10

Lesson: Defenders of Liberty: The People and the Press

Student’s Video Guide
Freedom of the Press: New York Times v. United States(Time: 25 minutes)

Preparation for Viewing and Study
Carry out steps 1 and 2 several days before watching the video.
Materials Needed:• Class-Prep Assignment• Synopsis of the Story• Visual: Track the Story
1. Read the synopsis and compare it to the visual.
2. Build/reinforce essential background knowledge.
Complete assigned parts in the Class-Prep Assignment. Each part is designed to acquaint you withthe laws, cases, people, issues and terminology you will encounter when watching thecorresponding parts in the video.
Part 1: Civic History in Brief
Part 2: Laws, Cases, and Controversies
Part 3: New York Times v. United States
3. Request a copy of the video transcript.
The transcript is formatted into three parts to facilitate the study and thoughtful reflection of thecontent in each part. The divisions and their titles do not appear in the video.
4. Review key words and phrases as needed before each day’s showing.

Schedule
1. Plan to watch the video in two class sessions. The following stopping points are recommended in
the video transcript at points where the main topic changes.
Part 1: Civic History in Brief (Start – 06:22)
Part 2: Laws, Cases, and Controversies (06:23 – 14:18)

Session 1 showing

Part 3: New York Times v. United States (14:19 – End)

Session 2 showing

2. Be sure to complete Part 1 and Part 2 in the Class-Prep Assignment before the first session.
3. Complete Part 3 in the Class-Prep Assignment as homework before the second session.
4. Be prepare to participate in brief review at the beginning of each session.

Page 2 of 10

Lesson: Defenders of Liberty: The People and the Press

Student’s Video Guide
Freedom of the Press: New York Times v. United States(Time: 25 minutes)

Instructions
1. Use the video as your primary source for responses in this guide.
2. Watch the assigned part(s) in the video, then complete the work for the corresponding part(s) in
the guide.
3. Add “behind the scenes” details from the Class-Prep Assignment to fill in gaps or expand an
answer.

Key Understanding
Freedom of speech and freedom of the press are both forms of expression protected by the First
Amendment and they are often linked together. Legally, “the speech and press clauses may be analyzed
under an umbrella ‘expression’ standard, with little, if any, hazard of missing significant doctrinal
differences.” Several of the cases covered in the video involve free speech issues.
Learn more from this article: Freedom of Expression: Is There a Difference Between Speech and Press
https://www.law.cornell.edu/anncon/html/amdt1bfrag2_user.html

Part 1: Civic History in Brief(Time: Start - 6:22)
Words and Phrases
abridgeamendment
Articles of Confederation
authoritybannedBill of Rights
citizenry
Congress
constitution
Constitution
crime
critical
democracy

First Amendment
Framers
freedom of speech
freedom of the press
gag
government
informed
integritylawparliament
printing pressprior restraint
protestPage 3 of 10

protest literature
ratifiedrevolution
revolutionaries
revolutionary era
revolutionary idea
Revolutionary War
rightsseditious libel
the Crown
the press
the publicStudent’s Video Guide
Freedom of the Press: New York Times v. United States(Time: 25 minutes)

Part 1 Questions
1. What is meant by “the press” in the First Amendment?
2. Define seditious libel.
3. Define prior restraint.
4. Discuss this statement in the video: “Democracy depends on an informed citizenry. In order for
democracy to function effectively and to function with integrity, the public needs to know what isgoing on.”
5. Who is not protected by the First Amendment?
Who is protected by the First Amendment?

Part 1 Discussion
1. Provide examples of how experience left its mark on our Constitution.
2. Explain how freedom of speech and freedom of the press worked together to achieve liberty. What
are the benefits and limits of each?
3. Why is it important to know what your government is doing? What are the risks of not knowing?
4. When it comes to free speech and a free press, what restriction was put on the government by theFirst Amendment?

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Student’s Video Guide
Freedom of the Press: New York Times v. United States(Time: 25 minutes)

Part 2: Laws, Cases, and Controversies(Time: 6:22 - 14:19)

Words and Phrases
Alien and Sedition Acts of 1798
Sedition Act of 1918
articulate
check the government
case“clear and present danger” test
contemptconviction
disreputedissent
dissenting opinion
Espionage Act of 1917
Federalist
First Amendment
Democratic Republicanhindsight
Jeffersonian
judicial review
law
majority opinion“marketplace of ideas”
moraleopinionpolitical party
prosecutedsocialist
suppress
Supreme Court
Supreme Court decision
the draftupholdWorld War I

People to Know
George Washington
Thomas Jefferson
John Adams
Congressman Matthew Lyon
Eugene V. Debs
Justice Oliver Wendell Holmes
Justice Louis Brandeis
Supreme Court Decisions
Debs v. United States
Marbury v. Madison
Schenck v. United States
Abrams v. United States

Part 2 Questions:
The Adams Administration
1. The Adams administration had problems with the restrictions placed on the government by thewords in the First Amendment about free speech and the press. Describe those problems and how
the government “solved” them.
2. Where did the Adams administration get the authority to put people in jail for speaking ill of thegovernment?
3. What historical event prompted the reinterpretation of the First Amendment by the Adams
administration?
4. Explain how President Adams used the Sedition Act of 1798 as a political tool to punish the
opposition party.
5. In 1798, what judicial checks were in place for challenging the constitutionality of the Sedition Acts?
Explain.
6. What is the significance of Matthew Lyon’s story?
7. How can the Supreme Court step in to “fix federal law” when it is not a lawmaking body and it
doesn’t go through the laws to find the ones that need fixing? Explain.
8. How did the people let Adams know that they did not like him trying to limit free speech and thatthey didn’t like the Sedition Act? What role did the press have in helping the people decide?
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Student’s Video Guide
Freedom of the Press: New York Times v. United States(Time: 25 minutes)

The Wilson Administration -- 100 years later.
1. What laws were passed by this administration and why?
2. How were the laws used?
The Schenck Case
1. Who was Schenck?
2. What did Schenck do?
3. What happened to Schenck?
4. Supreme Court decision:
5. Significance of the case:
The Debs Case
1. Who was Debs?
2. What did Debs do?
3. What happened to Debs?
4. Supreme Court decision:
5. Significance of the case:
6. After hearing about the decisions in Schenck and Debs, what logical conclusion might the publiccome to about the position of the Court on dissent under the First Amendment?
7. The Debs and Schenck cases were decided within days of each other. How did the news affect thepeople in general and one person in particular?
The Abrams Case
1. Who was Abrams?
2. What did Abrams do?
3. What happened to Abrams?
4. Supreme Court decision?
5. Significance of the case?
6. How was the Abrams case similar to the Debs and Schenck cases?
7. Describe the “pivot” made by Justice Oliver Wendell Holmes in this case.
8. Explain the significance of dissent by Justice Oliver Wendell Holmes and the metaphor he used to
explain his new position.
9. What role to you think the people and the press played in changing the mind of Justice Oliver
Wendell Holmes? Explain.
10. How did Holmes’ dissent impact the law and the trajectory of the Court’s decisions in free speechcases in the coming years?

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Student’s Video Guide
Freedom of the Press: New York Times v. United States(Time: 25 minutes)

Part 2 Discussion
1. Reflect on the cases of Lyon, Debs, Schenck and Abrams, then identify commonalities on different
points:Here are four points to start your thinking. Add at least 6 more points, then respond to each.
a. Historical context:b. Laws involved in the cases:c. Government’s claim:d. Nature of the violations:2. The judicial process was different in which of these cases? Lyon, Debs, Schenck, Abrams.
Explain.

Part 3: New York Times v. United States(Time: 14:19 – 25:18)

Words and Phrases
advocatechecks and balancesclassified information
clear and present danger standard
dissent
enjoinevolution in doctrine
expeditedhindsight
imminent harmFirst Amendment values
fourth branch of government
treasonleak

majority
manipulate
policytop secretundaunted
unprecedented
Documents and Events
Vietnam War
Pentagon Papers

People and Organizations
Daniel Ellsberg
Alexander Haig
Charles Colson
Justice William J. Brennan Jr.
Justice Harry Blackmun
Justice William O. Douglas
President Nixon
Henry Kissinger
New York Times
Washington Post
Marines

Part 3 Questions:
1. Which department was responsible for the Pentagon Papers and what did they contain?
2. Who was Daniel Ellsberg and why did he leak the Pentagon Papers?
3. Which administration was responsible for the Pentagon Papers?
4. Why did Nixon get involved when his Administration was not responsible for the Pentagon Papers?
5. Why did the publication of the Pentagon Papers by the Times and the Post start, stop, and then startagain?

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Student’s Video Guide
Freedom of the Press: New York Times v. United States(Time: 25 minutes)

6. How was the New York Times case different from the Lyon, Debs, Schenck, Abrams cases?
7. Why do you think the Court acted so quickly to decide this case?
8. Capture screen shots of the headlines in each of the papers announcing the decision of the court,
and the title of a relevant article in the paper.
9. What did the people learn about their government from the publishing of the Pentagon Papers?

Part 3 Discussion
1. Does the ruling in this case give the press unbridled freedom to publish any government document
they receive? Explain.
2. Consider the impact that Daniel Ellsberg, technology, and the media may have had on the decisionby the justices. If all the justices had voted to stop publication, would that have been the end of thestory?
3. What are the roles and responsibilities of the “fourth branch” of government?
4. The public may have the right to know
everything about their government, but should
they? If not, how much should they know andwhat should they know? Read what the judge
said about public access to information in his
ruling on the Pentagon Papers case:“Our democracy depends for its future on theinformed will of the majority, and it is the
purpose and the effect of the First Amendment
to expose to the public the maximum amount of
information on which sound judgment can bemade by the electorate. The equities favor disclosure, not suppression of even a momentary delay.”
From the ruling of U.S. District Court Judge Gerhard Gesell on June 21, 1971, as quoted in
The Washington Post, “Pentagon Papers: Free—At Last” on July 1, 1971.
How is Judge Gesell interpreting the “freedom of the press” clause of the First Amendment? Whatmeaning of “freedom” is he describing? Unbridled or limited? Explain.

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Student’s Video Guide
Freedom of the Press: New York Times v. United States(Time: 25 minutes)

Review & RespondClass Activity: Three Minute Reviews
Materials Needed: Paper and pencil
1.
2.
3.
4.
5.
6.
7.

Divide the class into small groups. Select a recorder for each group.
Provide each group with a different topic, theme, position, issue or question.
Allow 3 minutes for groups to discuss.
Give each group 3 minutes to record their comments in writing.
When time is up, the recorder for each group reads the responses of the class.
Briefly discuss as a class after each group’s report.
Other points may be added by the class and the teacher.

Suggestions for Review and Discussion:
1. Key points in each of these cases:
Abrams v. United States
Debs v. United States
Marbury v. Madison
New York Times v. United States
Schenck v. United States
United States v. Matthew Lyon
2. How do the People fit into our checks-and-balances system of government?
3. Why is it important for people know what their government is doing? What kind of information isimportant for them to know and why do they need to know it?
4. Identify ways in which the government tries to control information about national security matters.
Legal:
Unethical or illegal:
5. Identify ways in which people learn about national security matters.
Legal:
Unethical or illegal:
6. Trace the evolution of our right to a free press.
7. Discuss the role of technology in achieving and keeping our First Amendment rights to free speech
and the press.
8. Explain the relationship between the people, the press, and the government in a democracy.

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Student’s Video Guide
Freedom of the Press: New York Times v. United States(Time: 25 minutes)

9. Agree/Disagree: In a democracy, ignorance about the government is not bliss, it is dangerous.
Explain.
10. It is often said that hindsight is 20/20. What does the idiom mean and how does it apply to thestory?
11. Why does it matter if the government lies or manipulates information in order to influence thepublic?
12. Explain how advances in technology make it both harder and easier for people to tell when thegovernment lies.
13. Reflect on the impact of evolving technology and the power of the media to shape public opinion
and motivate others to action.
14. Discuss the challenges facing the public and the government in a society with a free press and manydifferent media options.
15. Should leakers and hackers be prosecuted if they obtain and distribute government information?
16. Americans have greater access to information about their government than ever before, but
complacency and ignorance remain pervasive. Discuss possible reasons and consider theramifications of not knowing.

Wrap Up Homework

Revisit the video as needed to complete rows 9-11 in each of the 5 case briefs in the Class-Prep
Assignment.

Page 10 of 10

Lesson: Defenders of Liberty: The People and the Press

Synopsis of the Story

Video: Freedom of the Press: New York Times v. United States
Freedom of speech or the press did not exist in the colonies before the Constitution. British subjects
were under the authority of the king, and the king punished dissenters. The king also controlled thepress and censored content before it was published. After the colonists fought and won independence
from England, the rules were changed when the Constitution was written.
Remembering the king’s actions, the Framers designed a government with three branches and a systemof checks and balances to prevent the abuse of power. They also made the federal government
responsible for protecting individual liberties and accountable to a separate, but all powerful group, thePeople.
Jefferson viewed the press as the “only safeguard for public liberty” and an informed citizenry as “thebest army” for the task. Freedom of the press was seen as vital for protecting democracy so the Framers
linked it to speech and included both in the First Amendment: “Congress shall make no law . . . abridging
freedom of speech, or of the press . . . .”Experience not only made its mark on the Constitution, but it also it impacted judicial interpretations
that followed. In World War I, the Supreme Court upheld government actions against people in theinterest of national security. Over the next 200 years, the Court would continue to grapple with freedomof expression issues in wartime. All the while, a watchful press would keep the public informed anddebate alive. In 1971, the Supreme Court reaffirmed freedom of the press even in the midst of anational crisis by allowing the publication of the Pentagon Papers. It had come full circle in its views.

Thomas Jefferson to Edward Carrington, 16 January 1787
“I am persuaded myself that the good sense of the people will always be found to be the best army.
They may be led astray for a moment, but will soon correct themselves. The people are the only
censors of their governors: and even their errors will tend to keep these to the true principles of their
institution. To punish these errors too severely would be to suppress the only safeguard of the public
liberty. The way to prevent these irregular interpositions of the people is to give them full
information of their affairs thro' the channel of the public papers, and to contrive that those papers
should penetrate the whole mass of the people. The basis of our governments being the opinion of
the people, the very first object should be to keep that right; and were it left to me to decide
whether we should have a government without newspapers, or newspapers without a government, Ishould not hesitate a moment to prefer the latter. But I should mean that every man should receive
those papers and be capable of reading them.”

Lesson: Defenders of Liberty: The People and the Press

Track the Story Line

Video: Freedom of the Press: New York Times v. United States

Revolutionary
War

Possible Warwith France

World War I

Vietnam War

Abrams
1919

Lyon
1798
Sedition Act, 1798

Marburyv.
Madison
1803

Debs
1917

Schenck
1917

Espionage Act, 1917
Sedition Act, 1918

New York Times
1971

Prior restraint
Printing Pressc.14401791“Congress shall make no law . . .
abridging the right to freedomof speech, or of the press . . .”First Amendment
U.S. Constitution“The people shall not be deprived or abridged of their right to speak, to write, or to publish their sentiments; and the freedom of the press,
as one of the great bulwarks of liberty, shall be inviolable.” – James Madison