Instructor Resource
Trager, The Law of Journalism and Mass Communication 6e
CQ Press, 2018
Class Activities
Chapter 3: Speech Distinctions
1. Topics that lend themselves readily to active, engaged classroom discussions include
fighting words, heckler’s veto, captive audience members, hate speech, true threats, and
peaceful assembly. The university cases discussed in this chapter, as well as the political
protest cases, the civil rights cases, and the public high school student press cases, all are
excellent material for class debates, student position papers or essays on how freedom of
speech both advances and undermines social values.
2. All of these subjects may be used as the foundation for mock trials, classroom debates,
extemporaneous speeches, or point/counterpoint discussions. Student reporters may bring
valuable firsthand experience to such exchanges.
3. Share with the class the full text of several of the Facebook messages posted by Anthony
Elonis. Poll the students and split the class according to who believes the posts constitute true
threats. Ask them to debate the question by asking those who believe they are threats to argue
for their constitutional protection and vice versa. This is a great exercise in self-reflexivity
and critical thinking.
4. Depending on student interest, the expiration of Sections 206 and 215 of the USA PATRIOT
Act in 2015 provides a focus for discussion of the government’s tendency to over-regulate in
times of fear.
5. Find an online experiment (such as the one involving hate speech at http://u.pw/1T6h9WP)
related to cyberbullying, hate speech, or homophobia. Share with the students to generate
discussion of whether there are unique or exaggerated harms involving digitized media that
allow for increased anonymity as well as access. Is the issue of trolling real, in their
experience, or is it (in part) the over-reaction of Baby Boomer Luddites to traditional fears of
the destructive force of new media?
6. In today’s hyper-mediated world, do students believe the Court’s historical distinctions
between fighting words (thrown at your face) and hate speech make sense? Is it true that
Instructor Resource
Trager, The Law of Journalism and Mass Communication 6e
CQ Press, 2018
some words are inherently harmful? If so, is a burning cross a symbolic example of such
expression? What else?