Student Press Rights: Censorship in School Newspapers

1. School newspapers and censorship Student Press Rights

2. You be the judge • A staff member for The Eagle Angle wants to write a story about student tattoos, including pictures of tattoos. Principal Payne is not happy with the story. He feels it goes against the school’s mission to promote learning and the story would be distracting to that purpose. Can the newspaper publish the story? Why or why not? • The Eagle Angle has discovered that 5 members of the varsity basketball team have been using steroids. Can the newspaper publish an article over the incident? Why or why not? • Use the Hazelwood and Tinker cases to help you make your decision. Writer your answers on a sheet of paper. • Each explanation should include the legal answer and your opinion. Student Press Rights

3. Discuss • In Loco Parentis - When a child is in school, school authorities act in the place of the parent and assume a parent’s rights, duties and responsibilities. • Do you agree or disagree with this idea? Student Press Rights

4. Tinker v. Des Moines Independent School District • When: 1969 during Vietnam War • The case: 3 students suspended for wearing black armbands in protest of war because administrators were afraid it would provoke violence Student Press Rights

5. The Ruling • Supreme Court ruled that teachers and students do have First Amendment rights and school officials do not have absolute authority over students • “Students do not shed at the schoolhouse gate their constitutional rights to freedom of speech or expression.” Student Press Rights

6. Why? The Tinker Precedent • The Tinker Precedent tells us school officials can censor students only when: • Substantial disruption of or material interference with school activities • Creates a substantiated fear of such a disturbance • Material is libelous or obscene • Material invades the privacy of others Student Press Rights

7. Discuss • A student wants to write an article about a protest of the Iraqi war. Your school is near a military base and many students are a part of military families. Should you publish the article? Why or why not? • What did you decide? Student Press Rights

8. Hazelwood School District v. Cathy Kuhlmeier • When: 1983 – January 13, 1988 • The Case: • The Spectrum student newspaper at Hazelwood East School in Missouri printed 2 articles that concerned the principal • Principal (Robert Reynolds) proofed paper prior to going to press and deleted two pages from the newspaper. Student Press Rights

9. The Problems • Story over teenage pregnancy compromised the student’s privacy in the story • Discussion of sex and birth control to mature for freshmen • Story over the affects of divorce on students did not give the parents point of view and invaded their privacy Student Press Rights

10. Student Press Rights

11. The Supreme Court Ruling • Students first amendment rights were not violated. • Student newspaper is not a forum. • The principal has the power of censorship as long as it is “reasonably related” to education Student Press Rights

12. Forum Theory • Forum is a place where ideas are exchanged freely with no censorship. • Once the government creates a forum, it cannot control the ideas expressed there. • School newspapers are either declared either: • A forum newspaper (no censorship) • A newspaper used for practice and training. (some censorship) Student Press Rights

13. Student Press Rights

14. Criteria used to determine if a paper is school sponsored and used for practice and training 1. Is it supervised by a faculty member? 2. Was the publication designed to impart particular knowledge or skills to student participants or audience? 3. Does the publication use the school’s name or resources? Student Press Rights

15. To censor an article: An administrator can only censor the newspaper when, they have a reasonable educational concern or purpose Student Press Rights

16. Examples of material that can be censored: • Ungrammatical • Poorly written • Inadequately researched • Biased or prejudiced • Vulgar or profane • Unsuitable for immature audiences • Teenage sexual activity • Speech advocating drug or alcohol use • Irresponsible sex • Conduct that would be considered “inconsistent with shared values” Student Press Rights

17. In conclusion . . . • States can grant more freedom than federal law, but not less, so state and local laws trump Hazelwood if they exist • Arkansas, California, Colorado, Iowa, Kansas and Massachusetts have anti-Hazelwood state laws • Research shows a large increase in censorship since Hazelwood Student Press Rights

18. Recent Examples • In Georgia, stories on teen pregnancy and vandalism in the school parking lot • In Idaho, an opinion piece that criticized school administrators for not paying enough attention to students • In Illinois, stories criticized the math department and guidance office Student Press Rights

19. Debate Project • Go to my faculty website • Journalism Notes & Handouts – Open “Debate Project Instructions” and “Debate Rubric” Student Press Rights

20. Wrap-Up • On your blogs, post a response to the following question. • Based on what we’ve studied with the First Amendment, Tinker and Hazelwood, do you agree or disagree that school administrators should have the right to censor student publications? Explain your answer. • Posts should be a minimum of 5 sentences. Student Press Rights