Who Watches the Watchers? Free Speech and Free Press in the Electronic Age

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):

  • The United States in a Globalizing World: 11.11b
  • Civil Rights and Civil Liberties: 12.G2b, 12.G2f
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

NPR Summary coming soon! Listen Now ...

Leaks and Freedom of the Press

C-SPAN Law professors and journals debated First Amendment freedom of the press rights versus national security interests in the age ...

Michael Hayden Remarks at Criminal Law, National Security, and the First Amendment

C-SPAN Michael Hayden gave the luncheon address at a First Amendment Center day-long discussion entitled, “Criminal Law, National Security and the First ...

Defense and Prosecution of Classified Information Cases

C-SPAN Panelists talked about investigating and prosecuting cases in which national security violations are alleged, concerns over privacy and free ...

Criminal Law, National Security, and the First Amendment

C-SPAN Panelists talked about the intersection of criminal law, national security, and the First Amendment. Major topics included the Pentagon ...

National Security Agency Data Collection Programs

C-SPAN Senior government officials involved with the National Security Agency (NSA) testified on the organization’s Internet and phone record data collection practices ...

National Security and Liberty

C-SPAN Panelists talked about the tension between a free press and national security. Among the topics they addressed were National Security Agency ...

Reforming the Foreign Intelligence Court

Harvard Law School Center on the Legal Profession Summary coming soon! Watch Now Read a Transcript ...

Phone Records of Journalists Seized by U.S.

The New York Times Summary coming soon! Read More ...

N.S.A. Chief Says Phone Logs Halted Terror Threats

The New York Times Summary coming soon! Read More ...

Court Tells Reporter to Testify in Case of Leaked C.I.A Data

The New York Times Summary coming soon! Read More ...

The Public is Left in the Dark When Courts Allow Electronic Surveillance

The New York Times Summary coming soon! Read More ...

N.S.A. Said to Search Content of Messages to and from U.S.

The New York Times Summary coming soon! Read More ...

Newest Spy Court Pick Is a Democrat but Not a Liberal

The New York Times Summary coming soon! Read More ...

Secret Court Rebuked N.S.A. on Surveillance

The New York Times Summary coming soon! Read More ...

As F.B.I. Pursued Snowden, an E-Mail Service Stood Firm

The New York Times Summary coming soon! Read More ...

Warily, Schools Watch Students on the Internet

The New York Times Summary coming soon! Read More ...

Klayman vs. Obama

U.S. District Court for the District of Columbia Hon. Richard J. Leon ruled that the NSA's program that systematically keeps ...

Judge Questions Legality of N.S.A. Phone Records

The New York Times Summary coming soon! Read More ...

Electronic Communications Privacy Act of 1986

Public Law 99-508 -- 99th Congress Summary coming soon! Read More ...

Foreign Intelligence Surveillance Act of 1978, Amendments Act of 2008

Public Law 110-261 -- 110th Congress Summary coming soon! Read More ...

Free Flow of Information Act of 2013

H.R. 1962 - 113th Congress Summary coming soon! Read More ...

Rules of Procedure for the U.S. Foreign Intelligence Surveillance Court

U.S. Foreign Intelligence Surveillance Court Summary coming soon! Read More ...

Rules Governing NSA Implementation of the 2008 FISA Law Leaked by Edward Snowden

U.S. Foreign Intelligence Surveillance Court Summary coming soon! Read More ...

The National Security Exception to the Doctrine of Prior Restraint

William & Mary Law Review Summary coming soon! Read More ...

Who Watches the Watchmen? The Conflict Between National Security and Freedom of the Press

National Intelligence University Summary coming soon! Read More ...

Gagged, Sealed & Delivered: Reforming ECPA’s Secret Docket

Harvard Law & Policy Review Summary coming soon! Read More ...

Saying No to the Surveillance State

History News Network Summary coming soon! Read More ...
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