In celebration of Constitution Week, the New England First Amendment Coalition September 20, 2018
Cesareo Contreras Metrowest Daily News
FRAMINGHAM - Framingham State University political science professor John Ambacher has a piece of advice for anyone interested in conversing about the value of free speech: get a pocket edition of the Constitution, crumple it up and then run over it with your car.

That way it'll will look like it's been heavily used and studied, he said.

"If you ever get in a debate with somebody about the First Amendment, you just pull your little pocket copy out, and you just won the argument," he said with a smile.

Ambacher offered that light moment serving as one of three panelists invited to speak at Framingham State University Wednesday as part of a discussion surrounding the First Amendment and free speech.

The university collaborated with the New England First Amendment Coalition in honor of Constitution Week, which ends on Sept. 23.

The coalition's mission is "to advance and protect the five freedoms of the First Amendment, and the principle of the public's right to know, in Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont," according to its website.

Panelists discussed the history of the First Amendment, the press' responsibilities, and the legal difference between the freedoms enjoyed by social media outlets and news organizations, in terms of libel and defamation.

Panel speakers included Ambacher, Managing Editor at The Boston Globe Jennifer Peter, and NEFAC board member and lawyer Jonathan Albano.

Anne Brennan, editor-in-chief of The MetroWest Daily News and The Milford Daily News, served as the panel moderator.

Peter said the First Amendment is "imbued" in the work she does at The Boston Globe.

She said it's an important tenet journalists employ to hold the powerful accountable and is an essential for the work she and her colleagues perform.

"It gives us a sense purpose and pride," she said. "I think it does give us a sense of responsibility. ... Sometimes freedom of speech can be equated with irresponsible speech and I think we know both from a legal perspective and for our credibility to make sure we are fair."

Ambacher said the First Amendment was a major tool laborers employed shortly following the Civil War and the onset of the Industrial Revolution.

In an effort to unionize and change the bedrock structure of American society, laborers saw the First Amendment as an aspiration, he said.

"The free speech clause was basically a tool to literally change social and economic system of America, maybe toward something resembling social democracy," he said.

After World War II, Ambacher said, the courts developed a two-part framework for how the First Amendment should operate.

Watch a video of the panel discussion

"What the Supreme Court has said basically starting in the '50s and through the '60s and '70s, is your speech is protected as long as it doesn't fall in one of the exceptions of the free speech clause."

Ambacher said those exceptions include defamation, obscenities and incitement speech, which Ambacher defined as words that "create a clear and present danger of imminent lawless activity."

The court has deemed that mass demonstrations are also protected under free speech, as long as protesters have done their due process and have completed the right legal channels to stage their protest, he said.

Taking note of the rise of the internet, Albano explained the legal differences between social media outlets and traditional news organizations in terms of responsibility for libel.

These outlets have "greater freedom" than news publications such as The New York Times, because Congress decided during the internet's infancy, they would not be held accountable for every single piece of information shared on their networks, while newspapers are, he said.

For example, if a newspaper publishes a Letter to the Editor that defames someone the injured party can sue the newspaper - and the letter writer - for libel, he said. If that same letter is shared on Facebook or Twitter, the social media outlets are not legally liable, however, the letter writer is and can be sued.

"I think one thing we'll see over the next few years is if Congress will make any changes in the freedom that has been granted. ... I think it will be hard to do because there are so many businesses that have sprung up that are now quite big, which means they have money, campaign donations and lobbyists that depend upon that statutory protection."

Wednesday's panel discussion was one of several events the New England First Amendment Coalition has hosted since January in an attempt to inform students and spread awareness about the importance of the First Amendment.

First Amendment group to host forum at FSU September 15, 2018
Anne Brennan Metrowest Daily News
FRAMINGHAM - In honor of Constitution Week, the New England First Amendment Coalition will present a discussion about the First Amendment and freedom of the press on Wednesday at the McCarthy College Center Forum, on the campus of Framingham State University.

The discussion starts at 7 p.m. and will feature several prominent media and legal experts. The program is free and open to the public.

Speakers include:

- Jonathan Albano, Esq. A NEFAC board member, he represents newspapers, entertainment and news broadcasters, publishers, universities, nonprofit organizations and individuals in cases involving a variety of constitutional issues.

- John Ambacher. He is a professor emeritus in the political science department of Framingham State, where he has taught since 1968. He is an expert on U.S. legal systems and American political thought, as well as a frequent lecturer on the First Amendment.

- Jennifer Peter. She is a member of NEFAC's board of directors and managing editor at The Boston Globe. She helps run the newsroom, coordinating between departments and ensuring that a steady flow of enterprising and interesting stories are brought to readers throughout the day.

- Anne Brennan (moderator). She is regional director of news and operations at the MetroWest Daily News, the Milford Daily News and 20 Gatehouse Media-owned weekly newspapers. She was previously an editor at the Cape Cod Times and its lifestyle and entertainment website, capecodonline.com.

The event is part of NEFAC's Featured Speaker Program, launched in January to help increase First Amendment education in high schools, college classrooms and community centers. NEFAC recently presented to students at the University of New Hampshire; high school students in Bridgeport, Conn., and at the annual New England Scholastic Press Association conference at Boston University, among other New England locations and audiences.

NEFAC was formed in 2006 to advance and protect the Five Freedoms of the First Amendment, including the principle of the public's right to know.

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