DOCUMENT RESUME ED 444 880 SO 030 982 AUTHOR Hayes, Bill, Ed. TITLE The Bill of Rights in Action, 1996-1999. INSTITUTION Constitutional Rights Foundation, Los Angeles, CA. SPONS AGENCY W. M. Keck Foundation, Los Angeles, CA. PUB DATE 1999-00-00 NOTE 174p. AVAILABLE FROM. Constitutional Rights Foundation, 601 South Kingsley Drive, Los Angeles, CA 90005; Tel: 213-487-5590; Fax: 213-386-0459; Web site: (www.crf-usa.org). PUB TYPE Collected Works - Serials (022) -- Guides - Classroom - Learner (051) -- Guides - Classroom - Teacher (052) JOURNAL CIT Bill of Rights in Action; v13-15 1996-1999 EDRS PRICE MF01/PC07 Plus Postage. DESCRIPTORS Curriculum Enrichment; Government Role; *Political Issues; *Political Science; Secondary Education; Social Studies; *United States Government (Course); *United States History; *World History IDENTIFIERS Bill of Rights; United States Constitution ABSTRACT These newsletter volumes deal with topics in U.S. history, world history, and U.S. government relating to the Bill of Rights. The newsletters present background information for classroom reading, in some instances provide a list of topical issues, and offer activities for discussion and writing. Some of the topics considered in the newsletters are: political scandals, the National Endowment for the Arts, the Romanovs, the separation of church and state, welfare, the Aztec Empire, origins of Islamic law, the Napoleonic Code, bombing civilians in World War 2, and censoring the Internet. (BT) Reproductions supplied by EDRS are the best that can be made from the original document. The Bill of Rights in Action; v13-15 1996-1999 Hayes, Bill, Ed. 00 C31 O U.S. DEPARTMENT OF EDUCATION Office of Educational Research and Improvement y PERMISSION TO REPRODUCE AND ED CATIONAL RESOURCES INFORMATION O Cr) DISSEMINATE THIS MATERIAL HAS CENTER (ERIC) BEEN GRANTED BY This document has been reproduced as received from the person or organization originating it. Minor changes have been made to improve reproduction quality. Points of view or opinions stated in this TO THE EDUCATIONAL RESOURCES document do not necessarily represent INFORMATION CENTER (ERIC) official OERI position or policy. BEST COPY AVAILABLE The ILL OF GHTS CTION WINTER 1996 VOLUME 13 NUMBER 1 CONSTITUTIONAL RIGHTS FOUNDATION I POLITICAL fulfilling their simply role as watchdogs on the SCANDALS, government. SCOU D ELS, Watergate's AND SCHEMERS: Influence of The resignation ARE THE NEWS Richard M. President IV.[DIA FOCUSING ON Nixon during the THE WRONG THINGS? Watergate scandal resulted partly from the Public distrust of elected of investigative work officials and political can- Post two Washington W 1ttl 4 ck didates is growing. Media Robert reporters, critics say negative press Woodward and Carl coverage is contributing to Bernstein. Helping to Washington Post reporters Robert Woodward (left) and Carl Bernstein this trend and is weaken- broke story after story on the Watergate scandal in 1973-4. Their investiga- bring down a president tive journalism won them fame and many imitators. (Corbis-Bettmann) ing American democracy. made them media stars. Should journalists change the direction of their They made an impression on a whole generation of jour- reporting? nalists. After Watergate, journalists, especially those covering Many Americans believe politicians are dishonest, national news, became more skeptical and wary of politi- hypocritical, and power-hungry. Americans did not cians manipulating them. The press actively tried to always think this way. When John F. Kennedy was presi- expose government abuses. One consequence of this has dent, for example, 75 percent of Americans indicated that been more negative political reporting. While demanding they trusted the government to do the right thing. Today an open and more honest government, reporters sought that figure has dropped to 25 percent. A recent opinion poll out the mistakes, inconsistencies, and ethical faults of reported that nearly 80 percent of the public gave political leaders. elected officials in Washington a low rating on Historians point out that the press has always been honesty and ethics. aggressive. Virtually every president, starting with What has produced this widespread distrust (Continued on next page) among the American people? Certainly, the Vietnam War and Watergate cover-up ended a Election Issue long period of public confidence in political lead- ership. Also, since Watergate, the nation's press Political Scandals, Scoundrels, and Schemers: Are has become much more aggressive and negative in the News Media Focusing on the Wrong Thing? its political reporting. Issues in Campaign '96 Some media critics, including journalists, argue TV Attack Ads and the Voter that the press undermines our democratic system by spending too much time focusing on scandals This issue of the Bill of Rights in Action is made and portraying public life as little more than a possible by a generous grant from the game among scheming politicians. Defenders of W.M. Keck Foundation the press, however, say that the news media are © 1996, Constitutional Rights Foundation, Los Angeles. All Constitutional Rights Foundation materials and publications, including Bill of Rights in Action, are protected by copyright. However, we hereby grant to all recipients a license to reproduce all material contained herein for distribution to students, other school site personnel, and district administrators. Any opinion expressed herein does not necessarily reflect the views of the WM. Keck Foundation. 3 BEST COPY AVAILABLE] fusion, and controversy and has Washington, George conflict. become a target for the press. press, which The tabloid -7-':WIEDIA the critics believe Media AT WORK thrives on sensational news same is true of reporters from soweg tr reporting, was invented over the major newspapers and 100 years ago. TV networks who cover the ..- Is Press Coverage Worse recent In White House. Today? years, those on the White eg But the aggressiveness of the House beat have been mostly press is not what concerns reporters who covered the today's media critics. They president during his election worry about the decline in campaign. For the most part, thoughtful reporting on seri- these reporters know how to rAU'rinR. 1011110.40IITIE cover campaign politics ous public Often, issues. Does the media focus too much on negative issues? (Dave who did what to whom, they say, newspaper and TV Hitch, Telegram & Gazette) news editors cut back on this who's up, who's down. But, of say critics, these reporters news coverage type because it is too boring or lacks the drama of conflict. are not particularly expert in the domestic and for- eign policy issues that dominate presidential Indeed, the media have grown much more competi- decision-making. Thus, according to the critics, pol- tive in the last 30 years. With today's technology, iticsnot policytends to color much of their White news can be broadcast around the world as it hap- House reporting. In fact, critics believe serious pol- pens. People expectand receiveinstantaneous icy analysis is giving way to covering politics as a reports on assassinations, floods, airplane crashes, horse race. even wars. They can receive the information in many new waysfrom cable television, satellite dishes, Defenders of the media believe the critics are over- the Internet. Talk radio and tabloid TV news shows, generalizing. They admit that some newspapers and such as "A Current Affair," have grown in populari- networks may cover politics as a horse race. But they ty. At the same time, fewer people are reading news- cite many examples of in-depth policy coverage. The papers and watching network TV news. The drop is New York Times, Washington Post, and Los Angeles especially pronounced among people under 30. Times devote much ink to policy issues. Every night Trying to keep up with the competition, many news- on television, "Nightline" explores issues. C-SPAN papers and networks have made their news features televises complete speeches and policy forums. The shorter and jazzed them up with graphics, pictures, defenders say the best-ever political coverage and and diagrams. In short, they are trying to make the reporting is going on today. But, they say, people news more entertaining Does this mean serious jour- must seek it out in the highly competitive media. nalism is giving way to sensationalism? Should the Media Report on Private Lives? One study of press coverage between 1972 and 1992 Another problem critics see in post-Watergate jour- revealed that news stories about domestic and for- nalism is the greater interest in reporting on the per- considered by Congress questions eign being sonal lives of politicians. President Franklin D. dropped significantly. On the other hand, stories Roosevelt's legs were paralyzed from polio. He wore about political conflict and ethical misbehavior of leg braces and used a wheelchair. But reporters and elected leaders increased. Senator Alan K. Simpson photographers never revealed his disability, because (R-Wyo.), a strong critic of the media, recently made they apparently believed it would weaken the presi- this remark about reporters covering Congress: dent's image as a strong leader. Such a conspiracy of silence by the press would be unthinkable in today's They don't want to know whether anything highly competitive news environment. was resolved for the betterment of the United States. They want to know who got ham- Scandals and sexual misbehavior have increasingly They're not mered, who tricked whom. become acceptable topics for the mainstream press to . . . interested in clarity. They're interested in con- 4 BEST COPY AVAILABLE cover. That President John F. Kennedy had affairs Critics say reporting election campaigns as only a with women was not considered newsworthy more game often resulted in candidates coming across in a than 30 years ago. Today, President Clinton's marital negative light. A study of major newsmagazine cover- age of the 1992 presidential campaign showed that problems while governor of Arkansas continue to be references to Bush and Clinton were 60-percent nega- the subject of news media stories. tive. A similar study of TV network news shows dur- Larry Sabato, professor of political science at the ing the Republican primaries in 1996 indicated that University of Virginia, has criticized the press for its campaign news stories were 3-to-1 negative. current tendency to jump quickly into a scandal story. "There can be no doubt that the change in the tone of Sabato says that scandals frequently explode into election coverage," says Syracuse University political media "feeding frenzies" where every tidbit of gossip scientist Thomas Patterson, "has contributed to the This type of reporting, he says, gives is reported. decline in the public confidence in those who seek the much newspaper space and air time to matters that presidency." have little to do with the real problems of the country. Journalists defend their coverage of political tactics Carl Bernstein, one of the reporters who investigated and manipulation. Every campaign employs "spin the Watergate story, wrote recently that "we tell our doctors," whose job is to manipulate the media. The readers and viewers that the trivial is significant and press, they say, is merely exposing "the man behind the lurid or loopy is more important than real news." the curtain," the manipulators of the press. Many jour- But William Safire, a columnist for the New York nalists argue that knowledge of campaign tactics Times, takes a different view. He argues that political makes citizens more sophisticated and informed. scandal reporting often contributes to the continuous Virtually every cleansing of American politics. The question seems to boil down to what is newswor- president, starting with thy. A president covering up crimes (as in Watergate) is clearly newsworthy. So is any behavior that affects George Washington, public policy. The debate is over personal behavior that doesn't seem to affect policy. Were Kennedy's has become a target for affairs newsworthy? Should reporters have revealed press. them? Do politicians have any right to privacy? Is it the right for the news media to withhold information from the public? These questions do not have easy answers. Sound Bites Defenders of the media argue it is better to err on the Media critics believe it's difficult for citizens to stay side of giving the public too much information than informed when candidate reporting is reduced to frag- too little. Critics say that media scandalmongering is mentary "sound bites." A sound bite is a recorded seg- souring people's view of the democratic process. ment of uninterrupted speech. In 1968, the average Campaign Games presidential candidate sound bite on network evening Press coverage of political campaigning began to news programs lasted 42 seconds. By the 1992 elec- change even before Watergate. Theodore White's tion, the average sound bite time had been pared down book The Making of the President 1960 and Joe to 7.3 seconds. McGinniss's The Selling of the President 1968 both While the candidates have been talking less on TV gave an inside look at how campaigns operate. news, political reporters have been saying more. In Many political reporters soon adopted the new "inside 1992, TV reporter comments took 72 percent of elec- politics" approach by concentrating on the tactics and tion coverage. Typically, a TV reporter tells a news manipulations involved in campaigning for public story using sound bites to illustrate his or her points office. Press accounts began to depict election cam- and then often ends with an interpretation of what the paigns as high stakes games dominated by personality candidate is saying and doing. This kind of reporting clashes and the political horse race among the candi- is more lively and interesting to the viewer. But critics dates. The press, say critics, often ignored the voters say sound bites keep citizens from judging the actual and the issues. words and views of the candidates themselves. 3 Changes in Po Miceli Reporting David Broder, a well-respected reporter for the Washington Post, speaks for those who want to During the last few years, media critics have called change political reporting. He worries that "it will be for significant changes in how the news, especially written at some future point about my geneOtion of political news, is reported. They want: political reporters that we covered everything; but we more emphasis on the nation's real problems didn't notice that support for representative" govern- and possible solutions and less on political ment and democracy was collapsing." conflict; For Discussion and Writing more of what candidates are saying and less 1. Many journalists say they do not give a negative on reporters analyzing the campaign horse slant to their reporting; all they do is report reali- race; and Do you agree or disagree with this view? ty. more on how politicians intend to improve Why? America and less on their personal lives. 2. Do you think it's important for citizens to under- Some journalists have attempted to change reporting stand political tactics in a campaign? Do you by creating a movement called public (or civic) jour- think the media overemphasizes tactics? Explain. nalism. Public journalism places much emphasis on 3. What do the news media and the public have a finding out what problems matter the most to people right to know about the personal lives of elected and then helping them work out solutions. officials and political candidates? What do they So far, public journalists have been experimenting not have a right to know? Explain your answer. mainly at the local newspaper level. Davis "Buzz" 4. What is public journalism? Do you think it's a Merritt, editor of the Wichita (Kansas) Eagle and one good idea? Why or why not? of the founders of public journalism, launched "The People Project: Solving It Ourselves" in 1992. This, ACT D V glr'Y like other public journalism projects throughout the country, involved a series of articles dealing with city Evaluating TV Election News problems and solutions based on the experiences and Form small groups to evaluate one day's TV news ideas of Wichita citizens. The thing that made this different from traditional reporting was that the coverage of the 1996 presidential campaign. Assign newspaper played an activist role in organizing pub- each group different programs on the same day. Each lic forums where citizens had the opportunity to group should complete the tasks below, report back, and the class should discuss which news source had struggle with the problems facing their community. the best campaign coverage. of this new approach An example PBS's is Task 1: Time the minutes the news program allots to "Democracy Project," which will devote 100 hours of each presidential candidate's campaign activities for prime time during the 1996 presidential election cam- paign "listening to people rather than to talking the day. What was total coverage? heads, Washington experts, [and] politicians." You Task 2: During the program's election coverage, can follow the "Democracy Project" on the Internet record the time each of the following types of persons (http://www.pbs.org/democracy/). speaks: news anchor, candidate, political expert, Traditional journalists resist participating in efforts reporter, citizen, or other. Which type person spoke that try to influence the way our political system the most? works. Instead, these journalists prefer to play the Task 3: Record the seconds of each sound bite (unin- role of public watchdog, reporting the news as it statement) by a presidential candidate. terrupted happens in a detached and objective way. As "60 What was the total for each? Minutes" senior correspondent Mike Wallace puts Task 4: Decide (1) What was the program's main it, "our job is to report, to explain, to illuminate." focusissues or campaign tactics? (2) Who spoke Reporters like Wallace believe that setting up under- the mostcandidates and voters or reporters and takings like the "Democracy Project" moves the political experts? press from reporting the news to helping to make it. If this happens, journalist objectivity may suffer. 6 OSSIMS CAREDAIION 'SS affirmative employers develop to action plans designed to seek, hire, and promote qualified minori- This Article includes background information ty and woman workers. These efforts were eventually and arguments on four important issues that expanded to university admissions and government contracting. the presidential candidates will be discussing. In reaching out to bring more minorities and women Issue: Affirmative Action into the mainstream, affirmative action programs roadly defined, affirmative action refers to any sometimes alienated other groups, notably white t) steps taken to increase the number of minority males. Members of these groups charged that affir- persons and women who are hired, promoted, admit- mative action was using race and gender to discrimi- ted to college, or awarded government contracts. nate against them, something which they called Affirmative action began in the 1960s and 1970s as "reverse discrimination." an attempt to bring African Americans, other minori- Recent Supreme Court decisions have severely ties, and women more fully into the mainstream of restricted, but not outlawed, government-sponsored American life. These groups historically had been affirmative action programs. A closely decided case victims of discrimination, which blocked them from in 1995 held that government affirmative action certain jobs, professions, universities, and other based on race is unconstitutional unless it was estab- opportunities. Affirmative action was viewed as a lished for "the most compelling reasons." In the way to undo the injustices of the past. meantime, Congress and the states are debating Quotas, reserving a specific number of places for a whether affirmative action has outlived its original particular group, are illegal. But starting in the 1970s purposes and should be abolished. in the Nixon administration, federal laws pressured Issue Question: Do we still need affirmative for minorities and women? YES NO 1. Affirmative action provides equal opportuni- Ability and test scores, not race and gender, 1. should determine who gets ahead in our ties for minorities and women who have long been the victims of discrimination. society. 2. So-called "reverse discrimination" is rare. 2. By using racial and gender categories, affir- C mative action often promotes middle-class Affirmative action simply means that all qual- V minorities and women over disadvantaged ified persons get to compete, whereas in the past minorities and women were often exclud- non-minorities. Government programs should help disadvantaged individuals regardless ed. of race or gender. 3. Affirmative needed since 3. Affirmative action causes many people to action still is minorities and women have yet to catch up falsely conclude that minorities and women N with other groups in the rate of employment, are not capable of competing in society on earnings, and promotions due to the discrimi- their own. This unfortunate attitude harms the M nation of the past. very people affirmative action seeks to help. IE Ours should be a "color-blind 4. Our society has never been, and is not now, a 4. society." N "color-blind society." Today, 70 percent of Affirmative action simply uses a different Americans do not think we are close to elimi- form of discrimination to undo the injustices T nating discrimination. of past discrimination. Both are wrong. Issue: Hiegel immigration proposition is currently being challenged in the courts. Meanwhile, Congress is debating a measure An estimated 300,000 persons illegally enter the United States each year. The Immigration and that would allow the states to deny public schooling to illegal immigrant children. Naturalization Service believes that there are about 4- million immigrants currently in the United States Issue: Federal Tax Cut without proper documentation. In 1962, President John F. Kennedy, a Democrat, said Congress passed an immigration law in 1986 that that the best way to raise more tax revenue for the fined employers for hiring illegal immigrants. But the government was to cut taxes. He argued that cutting law was not strictly enforced. As a result, this legisla- taxes would mean more cash in the hands of individu- tion failed to stop the surge of illegal immigration that als and businesses who would then make more pur- chases and investments. This, in turn, would cause occurred in the 1990s. the economy to grow along with a resulting increase Current law requires states to provide emergency in tax payments as more people became employed. medical care and public schooling for all residents, This theory is called "supply-side economics." In 1982, the Supreme Court struck legal or illegal. down a Texas law that excluded the children of Kennedy's supply side view worked in the 1960s. Tax undocumented aliens from the public schools. A 5-4 rates were cut and tax revenues went up by 16 percent majority ruled that the equal protection clause of the in four years due mainly to economic growth. 14th Amendment covers all "persons" living in the In the early 1980s, President Ronald Reagan, a country. Republican, also promoted the supply-side theory of a tax cut to spur economic growth. But this time In 1994, California voters approved a ballot proposi- tion that included a provision denying free public something very different happened. After income education to the .children of illegal immigrants. This taxes were slashed by 30 percent over three years, and Issue Question: Should states be permitted to deny free public schooling to the children of illegal immigrants? YES NO 1. Free social benefits like public schooling serve as People enter this country illegally to find work. It 1. a magnet helping to draw illegal immigrants into is these workers and their American employers the country. who should be punished, not innocent children. Illegal immigrants as well as citizens pay taxes 2. Requiring states to provide a free public education 2. unfair immigrant children illegal to that go to public education. to is citizen-taxpayers. 3. Kicking illegal immigrant children out of school 3. Spending education money on the children of ille- gal immigrants prevents states from using those and onto the streets would only lead to increases in child neglect, juvenile crime, and drug prob- funds for the benefit of students who are citizens or are here legally. lems. 4. The 1982 Supreme Court decision requiring the 4. The 1982 Supreme Court decision was correct. public education of illegal immigrant children We don't know what today's court will decide. was decided by only one vote and is likely to be But it's bad policy to turn children away from overturned by today's high court. public schools. 5. Finding illegal immigrants should be the job of 5. Teachers would not be involved in determining federal officials, not school teachers and adminis- who is an illegal immigrant. This would be a part trators who would be forced to question "suspect" of the school registration process. students. 8 Issue Question: Should federai taxes be cut to stimulate economic growth? YES NO High taxes today are like a dead weight on the 1. Employment is up, inflation is down, and the bud- 1. economy, preventing job creation and significant get deficit has fallen 60 percent since 1992. A tax cut now will only lead to more inflation, higher economic growth. A tax cut will spur the economy and bring in more tax revenues. interest rates, a weakened economy, and a return to the huge budget deficits of the 1980s. 2. To balance the federal budget by 2002, tax cuts The tax cut boosted the federal budget deficit in 2. would have to be offset by cuts in large govern- the 1980s because of a recession and the refusal of ment programs like Medicare and Social Security. the Democrat-controlled Congress to cut govern- Most Americans do not want to do this. ment spending. Today, lower taxes and cutbacks in many government programs will lead to a boom in the economy, increased tax revenues, and a bal- anced federal budget by 2002. Cutting taxes gives the American taxpayer, rather 3. Most tax cut proposals would benefit the wealthy 3. than the government, more power to decide how to much more than the middle class and the poor. spend hard-earned family income. Recent major tax and spending cuts in states like 4. 4. Our economy is strong. It is better to continue New Jersey and Wisconsin have led to more jobs reducing the budget deficit than to go for a tax cut and booming economies. now. the capital gains tax on profits from the sale of invest- Despite the ABM Treaty, President Ronald Reagan in ments was also reduced, tax revenues did not increase the 1980s backed the development of a space-based enough to match federal government spending, par- defensive weapons system that would protect the United States against any missile attack. ticularly defense spending. In fact, spending far out- This stripped tax revenues, causing the annual government Strategic Defense Initiative (also popularly called "Star Wars") mainly concentrated on scientific budget deficit to explode. This deficit had to be made up by borrowing the difference. The resulting nation- research and development costing $35 billion over a al debt reached almost $5 trillion by the early 1990s. 10-year period. This large-scale effort was abandoned after the break-up of the Soviet Union and the end of In 1993, President Bill Clinton and a Democrat-con- the Cold War. trolled Congress started to reduce the yearly deficit by cutting some spending and raising taxes, particularly Today, so-called "rogue nations" like North Korea people on with higher incomes. When the and Iran are trying to develop their own nuclear mis- of both houses of Republicans gained control siles thus posing a threat to the United States in the Congress in 1994, they once again pushed the idea of future. The Pentagon is currently spending about $3 federal income and capital gains tax cuts to stimulate billion a year on technological research and develop- economic growth. ment for a "thin" National Missile Defense. This would protect against a small number of missiles Issue: National Missile Defense launched by a "rogue nation," but not a massive In 1972, the United States and the Soviet Union attack as was envisioned in President Reagan's "Star agreed not to build any nation-wide defense system to Wars" program. protect their homelands from nuclear missile attack. The purpose of this agreement, known as the Seeing no immediate missile threat to the United States for another 10 years or more, defense planners Anti-Ballistic Missile (ABM) Treaty, was to prevent a new expensive missile race to overcome such a have recommended that a decision to actually estab- lish an anti-missile system can be delayed for three defense system. Issue Question: Should the United States build a "thin" National Missile Defense as soon as possible? YES NO . 1. Defense experts say that if we decide now to go 1. Hundreds of nuclear missiles are still operational ahead with the construction of a National Missile within the territory of the former Soviet Union. Defense, it will end up being less effective than if While the Cold War is over, these missiles could we invest in research over the next three years. still be launched accidentally or by persons without the authorization of their government. 2. A National Missile Defense is especially needed to 2. Nations who want to terrorize the United States are protect the United States from attacks by "rogue much more likely to use weapons like truck bombs than costly and hard to develop long-range mis- nations" with terrorist aims. siles. 3. Deciding to build a National Missile Defense as 3. The 1972 ABM Treaty does not fit today's world and should be renegotiated with the Russians or soon as possible would be a direct violation of the ABM Treaty. This would also put at risk nuclear ignored by the United States. arms reduction treaties with the Russians. 4. The most important purpose of the federal govern- 4. Building a National Missile Defense now will be ment is to protect the nation from foreign attack at very costly and will take away funds required for any cost. education, environmental protection, deficit reduc- tion, and other national needs. AC701/07V years while research continues. In 1999, if events war- rant it, the technology will be available to put into place the "thin" missile defense system by 2003 at a n The Issues Taking A Stand cost of $5 billion. Some critics of this Pentagon plan A. Meet in small discussion. Each group should select argue that the decision to start building the system one of the four issues. Then each should complete should be made now well in advance of any future the following issue evaluation tasks: threat. This option would cost about $10 billion. 1. What is the best argument on each side of your For Discussion and Writing issue? 1. Rank the four issues discussed in the article from 2. Make a list of the advantages and disadvan- the most to least important to you. Explain why the tages of adopting the policy proposed. issue you ranked first is the most important. B. Meet as a class to discuss each issue question. 2. Find out how the presidential candidates would Have each group report back its findings. After dis- answer each of the issue questions. cussing each question, take a class vote on it. 3. What other issues should the candidates be dis- cussing with the voters? For Further Research Vote Smart Website. URL: http://www.vote-smart.org [this site provides Internet links to sources on many Campaign '96 issues].