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School newspapers and censorship
Student Press Rights
+You be the judge1. 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?
2. 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
+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
+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
+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
+Why? The Tinker Precedent
The Tinker Precedent tells us school officials can censor students only when:
1. Substantial disruption of or material interference with school activities
2. Creates a substantiated fear of such a disturbance
3. Material is libelous or obscene
4. Material invades the privacy of others
Student Press Rights
+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
+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
+The Problems
1. Story over teenage pregnancy compromised the student’s privacy in the story
2. Discussion of sex and birth control to mature for freshmen
3. Story over the affects of divorce on students did not give the parents point of view and invaded their privacy
Student Press Rights
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Student Press Rights
+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
+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
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Student Press Rights
+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
+To censor an article:
An administrator can only censor the newspaper when, they have a reasonable educational concern or purpose
Student Press Rights
+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
+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
+ 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
+Debate Project
Go to my faculty website
Journalism Notes & Handouts – Open “Debate Project Instructions” and “Debate Rubric”
Student Press Rights
+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
