PLUS: Exposing colleges’ secret VIP admissions plugging in online to speech Courts struggle to define students’ First Amendment rights off campus INSIDE: Students launch Iraq’s first sustainable, independent campus paper REPORT RT @SPLC.org Fall 2011 VOL. XXXII, NO. 3 STAFF Read the latest News Flashes The Student Press Law Center Report (ISSN Brian Schraum, McCormick 0160-3825), published three times each year Foundation Publications Fellow, online at www.splc.org by the Student Press Law Center, summarizes received his master’s degree in current cases and controversies involving the journalism from the University of A senior at St. Augustine College in North rights of the student press. The SPLC Report is Missouri, where he studied media researched, written and produced by journalism Carolina was not allowed to participate in law and policy. He graduated from interns and SPLC staff. Washington State University in 2007. Schraum May’s graduation ceremony because of a The Student Press Law Center Report, Vol. XXXII, comment he posted on the school’s Face- previously interned for the First Amendment No. 3, Fall 2011, is published by the Student Center in Nashville and for newspapers in book page. In a free speech lawsuit, he seeks Press Law Center Inc., 1101 Wilson Boulevard, Washington and Missouri. He also initiated ef- more than $10,000 and a full-scale gradu- Suite 1100, Arlington, VA 22209-2275, (703) forts to enact student press rights legislation in ation ceremony. 807-1904. Copyright © 2011 Student Press Law Washington and was a high school, community Center. All rights reserved. Yearly subscriptions college and university student journalist. Nashville Public Radio announced in June to the SPLC Report are $15. Contributions are tax-deductible. that it agreed to a $3.35 million purchase Nick Dean, summer 2011 journal- of WRVU, the FM student radio station ism intern, is a senior journalism at Vanderbilt University. Student radio and political science major at at Vanderbilt will continue online and in Baylor University. He was editor in over-the-air HD broadcasts, but the deal chief of The Baylor Lariat for the was met with outrage from students and 2010-2011 year, previously serv- alumni who decried losing the frequency. ing as news editor and staff writer. The Texas EXECUTIVE DIRECTOR: Frank LoMonte CONSULTING ATTORNEY: Mike Hiestand Intercollegiate Press Association named him Student journalists at St. Charles East ATTORNEY ADVOCATE: Adam Goldstein the 2011 Editor of the Year. High School in Illinois were blocked from DEVELOPMENT DIRECTOR: Beverly Keneagy publishing a story about the removal of Emily Gerston, summer 2011 the school’s popular basketball coach. The CORPORATE BOARD OF DIRECTORS journalism intern, graduated Organizations for identification purposes only principal reviewed the story prior to publi- from Hamilton College in May 2011 with a bachelor’s degree in cation, calling it “inappropriate.” Javier J. Aldape l E.W. Scripps Company, Chicago, Ill. sociology and a minor in educa- tion. She worked as a reporter, The student publication for incoming Caesar Andrews l University of Nevada at Reno copy editor, features editor and news editor Reno, Nev. freshmen was pulled from orientation bags at the New York college’s student newspaper, at N.C. State after a photo containing the A.J. Bauer l Graduate Student The Spectator. She also served as chair of the N-word appeared in its pages. Distribution New York, N.Y. Hamilton College Media Board. resumed with a sticker covering the racial Patrick Carome l WilmerHale epithet. The publication’s adviser was later Washington, D.C. Seth Zweifler, summer 2011 fired under unexplained circumstances. journalism intern, is a sopho- Jerry Ceppos l Louisiana State University Baton Rouge, La. more communication and public Michigan student journalists printed a service major at the University of black box with the words “This article has Kevin Corcoran l Lumina Foundation Pennsylvania. He is currently a re- Indianapolis, Ind. been censored by Lake Shore administra- porter for the university’s student tion” after they did not receive approval to Maureen Freeman l Newseum newspaper, The Daily Pennsylvanian, and has Washington, D.C. print a story on a substitute teacher in the previously worked at Main Line Media News, district facing child porn charges. Robert Garcia l National Public Radio his hometown’s weekly newspaper. Washington, D.C. Advocates say the 7-2 Supreme Court de- Michael Godwin l Attorney San Francisco, Calif. Contributors: Lauren Doninger, Dan Reimold, cision allowing minors to rent or purchase Chase Snider, Peter Velz, VectorStock. violent video games was a major victory Andrew Lih l University of Southern California Cover photo from the National Archives. for students’ free speech rights. The case Los Angeles, Calif. showed the high court was reluctant to ex- Frank LoMonte l Student Press Law Center pand the definition of unprotected speech, Arlington, Va. (ex officio) even where minors are concerned. Laura Lee Prather l Sedgwick LLP Houston, Texas Get updates from the SPLC via Geanne Rosenberg l CUNY—Baruch College Become a member & Email: www.splc.org/joinemail New York, N.Y. Donate online Twitter: Follow us @SPLC Mark Stodder l Dolan Media Facebook.com/StudentPress Minneapolis, Minn. (chair) Reginald Stuart l The McClatchy Company www.splc.org Silver Spring, Md. @ 22 SPLCSPLC Report Report l l FallSpring 2011 2011 SPLC online resources now available in Spanish INSIDE At the SPLC, nos encanta los estudiantes de periodismo, en cualquier idioma. That’s High School why the start of the 2011-12 school year will bring an exciting new feature to the Administrators censor stories about www.splc.org website – a series of Q-and-A study guides prepared for Spanish-speak- 4 campus injuries, but are they really ing student journalists. concerned about getting sued? The 2010 Census documents a 15 percent increase in the number of Americans self-identifying as “Hispanic” since 2010, with Latinos making up 22 percent of all New court decision raises Americans under age 18. That tells us that a growing share of the young people pub- 8 questions about what it means to lishing, broadcasting and blogging on campus will be doing so wholly or partly in be a ‘public forum’ publication. Spanish. At least a few colleges – among them, the University of North Carolina-Chapel Bilingual newspapers reach new readers, build community. Hill, Florida International University and California State University-Northridge – 11 now offer courses of study in Spanish-language journalism, recognizing the need for journalists capable of serving that rapidly growing audience. (As with all other jour- College nalism education programs that are sensitive to market demand, of course, some pro- grams are struggling to justify their existence when jobs are scarce in any language.) First independent, continuous 14 campus paper operating in Iraq As reporter Emily Gerston describes in this issue, scholastic journalism programs models American journalism. are more commonly encouraging Spanish speakers to create newspaper pages, or even entire editions, in their native tongue for the enjoyment of the substantial Spanish- speaking audience. This phenomenon means that Spanish speakers increasingly will College admissions an important be welcomed into newsrooms that once were less inviting to those who hadn’t yet at- 18 source of stories and in need of more attention, experts say. tained full English fluency. As the involvement of native Spanish speakers in journal- ism increases, so too will their need for the reliable guidance that the SPLC provides. Visit the “SPLC en Espanol” site at http://espanol.splc.org, and háganos saber The ranks of fired advisers swell lo que piensas. 22 with end-of-the-year terminations. – Frank D. LoMonte Executive Director Cover Story Several courts weigh in on the free speech rights of students outside the ‘schoolhouse gate,’ setting up a supreme confrontation. 26 The Student Press Law Center gratefully acknowledges the generous support of the following institutions and individuals who have joined in our Internet effort to defend the rights of student journalists. Newsrooms weigh the risks, Contributions from Dec. 14, 2010 through May 1, 2011. 30 benefits of putting restrictions on FREEDOM FIGHTERS FIRST AMENDMENT FRIENDS their staff’s social media use. ($10,000 or more) ($100 to $499) Journalism Education Association William Allen Newman’s Own Foundation Mary Arnold Access Manolo Barco FREE PRESS PROTECTORS Candace Bowen Lawmakers, lawsuits try to open ($1,000 to $4,999) John Bowen 34 college foundations to scrutiny. Assoc. for Educ. in Journalism & Mass Comm. Michelle Breidenbach College Media Advisers California State University-San Marcos College Newspaper Business & Advertising Kevin Corcoran Managers Kathleen Criner Investigative Reporters & Editors Educational Media Company at Virginia Tech DEPARTMENTS Kansas Scholastic Press Association Rebecca Feeney Lumina Foundation Mark Goodman SPLC TipSheet Ohio Scholastic Media Association Paul Ryan Gunterman Mining campus construction Quill & Scroll Kaneland Community Unit School Andrew Stark Kristie Kemper 31 records for great stories. Mark Stodder Mary Stapp Seth Szold Tom Nelson On the Docket Charles Tobin Gloria Olman Western Assoc. of University Publications Mark A. Plenke Judge finds Howling Pig editor’s Managers Mark Popovich 34 rights violated after 8-year lawsuit. Tonda Rush STUDENT VOICE ADVOCATES Society of Professional Journalists Legal Analysis ($500 to $999) Rosalind & Martin Stark The rights of photographers to Ball State University Susan Tantillo record police in the line of duty. Society for Collegiate Journalists University of Hawaii 36 SPLC Report l Fall 2011 3 HIGH SCHOOL Read no evil Unique strand of censorship centers on coverage of injuries at school BY SETH ZWEIFLER whiff of the word ‘lawsuit’ causes administrators to act in an over- the-top way … But when you remove content that simply makes In early December 2010, Leibert Phillips suffered what ap- you look bad, that’s one of most indefensible forms of censorship peared to be a harmless ankle sprain during a school wrestling there is.” match.