This Bear Is Up a Tree

This Bear Is Up a Tree
photo by Scott Granneman

Thursday, November 12, 2009

First Amendment Issues

Yesterday the NY Times reported that Justice Anthony M. Kennedy, scheduled to speak at a private high school in NY City, had insisted on approving any story written about his appearance by the school's newspaper.Quick, if you've taken PSC 2302 (or even if you haven't), what do you think about this? The Times put it on the front page. What do you think about that?

17 comments:

  1. I believe the article is being unfairly biased against Justice Kennedy. The NY Times appears to lead readers to believe he is trying to control what the school paper is printing about his visit. This is not the case. Justice Kennedy is only asking the school paper to hold off on its publication until they have all the facts and quotes correct. Regardless of the subject matter of an article, the journalist has the responsibility to ensure all the facts are correct and the quotes are the same words that were spoken. This request made by Justice Kennedy was well within his 1st Amendment rights.

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  2. I think Justice Kennedy's request is well within his rights. As a man with a position of high authority he cannot afford to risk a misinterpretation of his words or image so I understand why he is taking such precautions. However, I also think that if another person such as a celebrity, or an athlete the request might have not been granted so easily.

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  3. I think that Justice Kennedy's request was a little out of line. Sure no one wants bad things said about themselves but everyone is entitled to their own opinion. This request just gives people more things to talk about. If his words or thoughts were misunderstood he could have adressed them saying this is what I meant by this.

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  4. I think what he did was justified for a man with a reputation like his. He can choose what he wants written especially since he is doing the school a favor by coming to speak there. Also someone with high authority and a large reputation needs to take certain precautions to maintain those status'. You cannot become a big deal without stepping on some heads and watching your own at the same time.

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  5. I think Justice Kennedy is within his rights to approve whatever is written about him in the paper. He is speaking publicly but to a private school, doesn't that give him some kind of exemption from the media? Holding such a high position in the government, a man with such a reputation should be allowed to view what is written about him BEFORE Americans across the US do. It's only fair for him to preview and make sure everything is correct and accurate, something false being printed about him or something inaccurately written could turn out to be a nightmare for Justice Kennedy and become a nightmare for the media who printed it, especially if it can be proven it was actual malice. Justice Kennedy had every right to read what was being said of him, and it shouldn't make a difference to the media. If they're not writing anything inaccurate, what is the problem?

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  6. I am currently in PSC 2303, and just tuned in a paper about this earlier this week. I think that the student publication has the write to free speech, and that the students should be able to write their angle and opinion about what they heard in Justice Kennedy talk about. However- I do think, that Justice Kennedy should have the write to approve QUOTES included in the story to make sure they are accurate.

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  7. the publication has the right to publish what the opinion of its writers has to say. and Justice Kennedy should know that better than anyone.

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  8. Today, there are many restrictions on the First Amendment making me wonder why we even have it anymore if we are unable to say or do things that were allowed a long time ago. For example, students are not allowed to say "Merry Christmas" in school rather "Happy Holidays" so as not to offend an individual from another background/religion. However Christmas is celebrated ALL OVER THE WORLD and each country has it's own language on how to say "Merry Christmas." The controversy surrounding the phrase is that it is believed "Merry Christmas" is promoting Christianity. It is not. I am respectful to those who may celebrate Kwanza (Happy Kwanza), etc. but I am not going to be withheld from saying "Merry Christmas."
    As a journalist, they should honor and resepct the truth not make something more appealing to capture the attention of an individual. I do believe Judge Kennedy had every right to make sure the information he stated was correct. Faulty media can lead to severe consequences. Yes, you may be free to write what you want but you must always make sure the facts, quotes, etc. are exact. A lot of politicians for example, lives are ruined because of faulty information and once the damage is undone, most of the time it is too late. Be smart!

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  9. I think that if that is what he wants then they should honor his wishes no matter how ludicrous they are. I have never taken political science but i believe that if he asks them to do that and provides correct legal action to prohibit anyone from writing a story about his appearance then that is what people have to do.

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  10. I believe that Justice Kennedy only wanted the paper posted on the front page to improve his reputation. I mean, why else would he have insisted that his appearance at a high school be put in the New York Times? He only wanted the positive publicity.

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  11. I also believe that Justice Kennedy only did it to improve his reputation. This just seems like another PR thing to me. Maybe that is just me though.

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  12. Well he is an important man... he should review what is being published about him... the world has their eyes on him and we cant have bad stuff published about one of our SC justices.

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  13. I think that is a terrible example of teaching students about rights. They have the right to say what they please, and he is trying to change that? Most people probably don't even know him by name.

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  14. As the first amendment states, the publication, or any other citizen of the United States has the right to say or publish whatever they want, and no one has the right to try and tell them otherwise.

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  15. can't remember the case's name, but the ruling was that as long as nothing was printed that can proven to be malicious or false, then it's fair game. Also, public figures, be it politicians or celebrities, bear a greater responsible (not my opinion, but that was the ruling).

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  16. Mr. Kennedy is within his rights. He doesn't want anything to be written that is unjust or taken out of context. However, I agree with Makenzie. This does not teach students about their rights and that they are allowed to have their own opinions.

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  17. I think that Jusice Kennedy made, ironically, a very political move. By stating his willingness to allow any publication, and review the accuracy of statements, he set himself up as a helper to the highschool Daltonian editors. He appeared transparent, and available, which is precisely what a highschool student will appreciate. While I confess that offering to review the quotes was not inherently wrong, it definitely supposes the highschool audience was incapable of taking an accurate quote. I noted with a nod the comment by an individual "they're old enough to drive a tank" and "old enough to vote" but apparently not old enough to write an article?
    Furthermore, there is definitely a strain for the question " is government moderating media?" available here too. The Justice Kennedy did not actually maintain the integrity of his statement to allow any publication. It was a great ideal, but not actually practiced when he chose to accept the paper for "minor" "tweaks".
    To conclude, at first glance I saw no qualms, but upon further investigation of the article I realized that the Justice did not follow through on the trust he vocalized to the highschool students. If he desired to enforce the lesson of real freedom in thought after the speach, he could have waited to review the article until it had been published.

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