2014 David A. Garfinkel Essay Scholarship
The 2014 David A. Garfinkel Essay Scholarship topic of Who Watches the Watchers? Free Speech and Free Press in the Electronic Age can act in the classroom as a prepared Document Based Question. It was prepared in 2013 and the resources have not been updated since that time. For more information about recent legal developments, consult national and state newspapers, legal databases, and your librarian.
The 1st Amendment to the United States Constitution protects both citizens’ rights of free speech and the power of the press to obtain information and publish it without government censorship. This supports the free exchange of ideas which is considered the bedrock of political democracy. Decisions of the U.S. Supreme Court have upheld the crucial role of free speech and free press in American society.
Recent revelations in the press and by whistleblowers have produced information about the existence of secret government initiatives that now routinely gather huge quantities of data on Americans. These disclosures reveal the activities of courts not subject to scrutiny in the press. Such courts have apparent jurisdiction to make determinations involving privacy, secrecy and surveillance. Recently, the 4th Circuit U.S Court of Appeals held that reporters may be compelled to disclose the names of sources who provide them with classified information
This activity meets the following guidelines of New York State’s Common Core Social Studies Framework (2017):
Below is a list of the 2014 resources in a searchable table. Search by type of resource: articles, laws and cases, news reports, or video and audio.
Edward Snowden In His Own Words
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Leaks and Freedom of the Press
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Michael Hayden Remarks at Criminal Law, National Security, and the First Amendment
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Defense and Prosecution of Classified Information Cases
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Criminal Law, National Security, and the First Amendment
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National Security Agency Data Collection Programs
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National Security and Liberty
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New Questions about the Bradley Manning Conviction
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Reforming the Foreign Intelligence Court
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Phone Records of Journalists Seized by U.S.
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N.S.A. Chief Says Phone Logs Halted Terror Threats
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AP President Pruitt Accuses DOJ of Rule Violations in Phone Records Case; Source Intimidation
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Court Tells Reporter to Testify in Case of Leaked C.I.A Data
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The Public is Left in the Dark When Courts Allow Electronic Surveillance
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N.S.A. Said to Search Content of Messages to and from U.S.
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Newest Spy Court Pick Is a Democrat but Not a Liberal
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Secret Court Rebuked N.S.A. on Surveillance
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As F.B.I. Pursued Snowden, an E-Mail Service Stood Firm
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Warily, Schools Watch Students on the Internet
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Klayman vs. Obama
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Judge Questions Legality of N.S.A. Phone Records
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Electronic Communications Privacy Act of 1986
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Foreign Intelligence Surveillance Act of 1978, Amendments Act of 2008
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Free Flow of Information Act of 2013
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Rules of Procedure for the U.S. Foreign Intelligence Surveillance Court
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Rules Governing NSA Implementation of the 2008 FISA Law Leaked by Edward Snowden
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The National Security Exception to the Doctrine of Prior Restraint
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Leaving FISA Behind: The Need to Return to Warrantless Foreign Intelligence Surveillance
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Shifting the FISA Paradigm: Protecting Civil Liberties by Eliminating Ex Ante Judicial Approval
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National Security and the Press: The Government’s Ability to Prosecute Journalists for the Possession of Publication of National Security Information
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Who Watches the Watchmen? The Conflict Between National Security and Freedom of the Press
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Gagged, Sealed & Delivered: Reforming ECPA’s Secret Docket
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Saying No to the Surveillance State
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