The Document Based Question/essay prompt Who Watches the Watchers? Free Speech and Free Press in the Electronic Age was prepared in 2014 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
NPR 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 Watch Now Read a Transcript ...
Phone Records of Journalists Seized by U.S.
The New York Times Read More ...
N.S.A. Chief Says Phone Logs Halted Terror Threats
The New York Times Read More ...
AP President Pruitt Accuses DOJ of Rule Violations in Phone Records Case; Source Intimidation
The Associated Press Read More ...
Court Tells Reporter to Testify in Case of Leaked C.I.A Data
The New York Times Read More ...
The Public is Left in the Dark When Courts Allow Electronic Surveillance
The New York Times Read More ...
N.S.A. Said to Search Content of Messages to and from U.S.
The New York Times Read More ...
Newest Spy Court Pick Is a Democrat but Not a Liberal
The New York Times Read More ...
Secret Court Rebuked N.S.A. on Surveillance
The New York Times Read More ...
As F.B.I. Pursued Snowden, an E-Mail Service Stood Firm
The New York Times Read More ...
Warily, Schools Watch Students on the Internet
The New York Times 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 Read More ...
Electronic Communications Privacy Act of 1986
Public Law 99-508 -- 99th Congress Read More ...
Foreign Intelligence Surveillance Act of 1978, Amendments Act of 2008
Public Law 110-261 -- 110th Congress Read More ...
Free Flow of Information Act of 2013
H.R. 1962 - 113th Congress Read More ...
Rules of Procedure for the U.S. Foreign Intelligence Surveillance Court
U.S. Foreign Intelligence Surveillance Court Read More ...
The National Security Exception to the Doctrine of Prior Restraint
William & Mary Law Review Read More ...
Leaving FISA Behind: The Need to Return to Warrantless Foreign Intelligence Surveillance
Yale Law Journal Read More ...
Shifting the FISA Paradigm: Protecting Civil Liberties by Eliminating Ex Ante Judicial Approval
Harvard Law Review Read More ...
National Security and the Press: The Government’s Ability to Prosecute Journalists for the Possession of Publication of National Security Information
Communication Law & Policy Read More ...
Who Watches the Watchmen? The Conflict Between National Security and Freedom of the Press
National Intelligence University Read More ...
Gagged, Sealed & Delivered: Reforming ECPA’s Secret Docket
Harvard Law & Policy Review Read More ...
Saying No to the Surveillance State
History News Network Read More ...