Free expression behind bars
Inside: Arkansas tramples Hazelwood, page 18 . EDITORS CONTENTS SueAnne Reed CoIeooof Mom COVERSTORY HIestand Kendra l. lams :· Damy S t joumaIisIs arrcst..jail ...... May faCe . . , ...... 4 WoItW"ogton � . w.st.mU Executive Olloclol Cartoon creates conuoversy in Pa...... , .. ) 4 Mark Goodman LEGAl ANALYSIS StaffAttorney Administrative Asslstant Gettingaccess 1.0faculty evaluations ...... 15 Mike Hiestand Michele SherikJlan ANTI-HAZELWOOD LEGISLATION Corporate Board 0' Directors Arkansaspasses free.-press legislation ...... 18 J. MarcAbfaml, Esq. Carolyn JonesHoward CENSORSHIP . At loroe COLLEGE Pot1Icvld. 00 'Ouke��o(tMAJI' On-tine face problems ...... Dr. David L. Adams Wilshington,DC newspapers ...... 20 At loJge Dr.louis E. Ing.thort Students'e-mail, Internetaccess revoked...... 21 '1ncIona�� Emenlul BIoomlrOlon, IN '80181,. l.Wven1ly Adviser sues KentuckyState ...... 22 MUt1CIe. 1N MaryArnold Supreme Coun hears funding case ...... 23 Al l.olQe RIchard Johns 'IowaHIgh Soh6oI QuI!and $c/O.Society Editor arrested after fightover paper ...... 24 Pre.AHocJatiofl 'lIfW&rsityof Io...a bwcCIty, L4. Iowa Clly,L4. Ga. court protects rape victim name ...... 24 Bosley Karen Ron Johnson Mass. editor charged with assault ...... _ ...... 25 Al u"g. Colege MediaAdI/MQ '0:00IICo IMltyCoIeQe '1Con1OJstale � DePaulstudents shut down newspaper ...... 25 Ton.lMr.t.u Mo1hatIon. 1 John Selgtnthaler. chairman 0( the tor and publisher at theNashville Ten nessean, Freedom ForumFlCSt Amendment Ceo· an assistant 10 Anomey Gen TheirlDakesmen 's collegebaskesball sixteam ter, Nashville, Tenn., and Janet eral Raben Kennedy during the civil feU one gameshort w of inning the Richards MeAlUry, four·tem\ Dade rights movement of the 19608 and as national championship in March, County. Fla., School Board member, chairman of the Freedom Forum rust but Arlcansas high school student were named the fU'St recipients of the Amendment Center. He is the preemi journalists won big in April when vo ce on speech StudentPress Law Center's Champion nent i free and press AIkansas becamethe sixthstate (0 of theStudent .Press Award. rights in America, Green said. pass a law lhaLspecifJCally protects Lifelong dedication to speech and The Championof theStudent Press student � f'IttOOm. Gov. Jim press rights for all Americans andspe Award was created by the SPLC board Guy Tuckersigned the bill into law cific workwith high schooland college to recognize persons and organizations on ApOllO afterit won the Wlani age students werecited as reasons for that have aggressively protected First moos suppottof the Sen·Arbnsas Amendmentfreedo ms for students. Seigentba1er'sandMcAliJey'sselection. The ale and passed the stale house of awardwas in i partor s Janet McAli1ey has been a staunch tiatedas theCenter' represencatives 81 ID4. celebration of defender and supporter of student and its 20th Anniversary as [n passing theArkansas Student human rights throughout herlife. In her theonI y organization in thecountry dedi Publications Act, !he state joins years asa Date County School Board cated to protecting the free pressrights California, Colorado, Iowa. Kan including president, of students. member, a term as sas and Massachusetts inenacting she has beena significant voice in the McAliley received her award at a a so-called "anti-Hazelwood law" establisbmeDtanpresetvatirooflheDade March 16 presentation to theColumbia thatgives back tohigh school stu Countypolicy on studentpress om, freed Scholastic PressAssociation Advisers dent journalists most of the same which has beena nationalmodel because Association during its annual meeting free expression protections that theindependence it gi to s of ves the tudent on the Columbia University campus in they enjoyed prior to the U.S. Su press,SPLC Board of DirectorsPresident New York City. Seigenlhalerreceived preme Court's 1988 Ha zelwood Nancy L. said. Green his awardat a March 17 speech to the ScfwolDistrict v. KuhJmeiudeci John SeigenthaJer has been a de- College Media Convention sponsored sion.That decision, which permit fender of free speech and press rights by College Media Advisers and the eo. teda high scboolprincipal (0cen a youthand lumbia Scholastic Press Association sincehe was hasbeen stead sor accurate and otherwise pro student press rights duringits meetingat ot fastin hisdefense of annual theMarri ltCtOO stories00 divorce and reen throughouthis careera as reporter,edi- Marquis New York City" Hotel in agepregnancy from a Missourihigh schoolstudent newspaper, signifi IocaJion. She can be reached via�at The Reportstaff cantlycut backon theFirst Amend fluzb}@crLcom. ment protection available to most KendraL Williamsis,quiJ.e frankly, the high schoolstudent journalists. The DannyHiestand,anavidfol1owerofMarX best damn H.R.that ever lived. She is Hazelwood decision has been Tmil, willa be junkrat Western Washing- expectingher BA inEnglish fmn Mary widely criticized by journalism ton University majoring in jrornalism. WaWngtoothis College May after a torrid, educators and civil rights groups Danny's singula- goal in life are 10 meet all-nightaffair with Millon.ThisfaIl, she as being both too restrictive and HarddReyrolds,seemeSeatdeSupoSona will JUStJe herMS. in journa1isrn at the too confUSing. win an NBA championship, and masrer UniversityoflllinoisatUJtana.Ownpaign, To date, 29 states have consid subject�VCfb as agreement Asfar canned justa s::ant90 minu\e drive from her future eredor are curr entlydebating simi· hubby, hams go, he Iilces'em. Coincidence?We Ihinlc not. lar legislation. The SrudeoL Press SotAnne Reed,Queen of me Internet. BethSims will a be May t 995gradu- LawCenter congratulaLes those in a �of served thisinternship during period of iheCommunicatioosInstiIUte Law at Arkansaswho worked to make this crisisinberlite.AformersnxJentotN ------:-:-:------�--- - .. -... . ____ SprIng 1995 --======�==�SPlC Report3 Student journalists in jail? Studentsacross lhe Countryarc begi n pleaded guilty to a chargeof ihrcatcning ning lO fear more thanjust being cen 10 injurea person orproperty in connec soredwhen it comc.�to thearticles !hey lion with Oyers he posted around the writeand thep3pCTS they publish.Of Universityof Colorado atColonldo cam· ficials who havefailed at quietingsw pus thispast faJlpromoting hispu blica d . I journalists through Il'3ruoonal tion. The ofcd.iIa an alJ.emarive parv,the mearu- suspension OJc,' sUr;mticIcs in !hisissue of theReport ·MICHIGAN - In one of the most after he LOld highlighl student joumali'>lS who have cclcbraled Intemc.tcases sincethe begin S1udenlSwhoad been a:rre>ICd.chargooor threalencd with ning of the Wo nnation Supcrllighway, miuedto conf/.SCal prosecution srler problems wid:1 the University of Michigan student Jake ing 1 .500of Ibe Fe b. 2 schooladl11inistI1ltiro a Ioc:a:llpOOce. Bakerwas arrcsted and charged withtr.ms issue of The Log 10 "PUI the papers ·WASHINGTON - Staccy Bums. porting threateningmaterial across state back or ru smack you." Strong "d high school senior inMoontlakeTer lines.Thcc hargcs stcnuncdfrom Baker's that membersor the African-Ameri race, facescharges of con lCmpt.after Usenctpostings thai. �C{\Ia' therape., canStudent Asstx.iationadm iued they refusing to UIm over staff photos 10 ture andof mlll1i.:r a femal e Mkhiganstu removedpapers. the from distribution local police. Twostaff mc:m bers lOOk denl Bakerawaiting is Iria.I on r.hccharges. cites bocause they disagrtt.d with a thephotos during a large. rac iallymo (See ADMINISTRA TORS, page21. ) front-page story that describeda fighl tivated fight in the schoof's parong -NEW MEXICO- GraceLego, editor mal l placeafter an AASA-spon Jot SnohomiCounty h Judge Ronald of the Talling Slick a.I the Institute of sored dance. Strong, who was en L. Castleberryviewed pictrJrCs the and American Indian Art., spent fivedays in gaged in a heated discussion with the ruled lhat they should be lurned over. the countyjail, .... -as charged withassa ult SludCnlS, W"dS trying 10 plain !hat Burnshas saidthat shewould go tojail witha deadly weapon and was expelled t.ealing thepapers is a y iolationa fTIre beforeturning over the photos, and her fromlhccol lege aft.c.r prinlingarticlcs lh.a.t Log'sfree press rights when a campus au.omcy is currently appealing th eriticizcd the coUcgca dm inistration. Lego policeoflicer overheard his co mment judge' decision to the Wash ington pleaded gUilty to a ,misckmeatlOf' J)C.Uy andcharged him with assault.. although Suprcme Coun. (See HIGH.page 11.) baucry chargeand was sent.c.nced lOthree thecharges wcrodropped. ( SceNEWS -NEWYORK -Seventeen-ycar-<>ld months prob.1lion. 11lc othCtst udcr1t in. PAPER, page28.) Josh Herzog of Montice llo was ar volvcdin thofight, thcco llcgc presi&n t's J f this tread continues and school rested alter he published and distri� cousin, took offense withle go and the. administraLOrs begin La see criminal utcd an underground newspaper articles .she h.1 d wrilten and verbally a� prosecution a viable option when throughout his high school. Police saultcd Lego fot several rninuI.es l).!fofc internal eITorts LO censor fail, stu charged Herzog with inciting a riot Lego init.i.:Hoo ule physical conlacl. {See dent journal islS' al bolll the high and searched his home. A few w ' . EDITOR. pngd 24.) school and college level may have to later, all the criminal charges were 'MASSACHUSETTS -- Michael become fa miliar nOL only with Lh dropped.STUDENT. (Se� page6.) Strong edilor in chief ofthcSaJcm Slate First Amendment but local pol ice ·COLORA D O - Robert Belts Log. wasarreslCd ill1d inal crim l'ych.1rged procedure as wel l. 4 SPtC Report Sprlng 1995 Nothing Left To Give Against the odds and the law, many student journalists feel frustrated in their search for free press rights Although Ihe voices may differ. the message is !he same. Lollapalooza, a nationally touring musicalevcnL Throughoutthe country.many high schooljournalists say they ThepublicaLions reviewboard at Peel's school. which is arc trappedin a ck.'l!tructivethaL cycle lulls !hem into a sleepof appointed by schooladminislralOl"S, said thearticle contained complacencyand ki.Ils Lhcir enthusiasmto report.. references10 alcoholconsumption and nudity, and recom George Bernard Shaw once said. mended that theprincipal remove it, whichhe did. Peel said ·'(als.sasinaLion is the e� the article. "was an observation of what went on at the berne foml of censorship_" cooccn.. what I saw.ftSince thaL initial censoring.Peel While 'Shaw may ilavcbeen said. "There's IlOl 8 paper that goes through the referringto physical assassi censorshipboard withoutbeing naliolli. cxti,i'lguisni·ng. a cc.nsorod. We have been rail . joumalhil'swill (Oflghtccn roaded,"said Peel. sorshipCBJ1 bejust as effec '11's likefighting in a cycle. Live. Administration, principal. Most high school swdent boardof education.Admin is journalists do not enjoy the lration. principle. board of same First Amendment pro education.There' s no way to tection as journalists outside stop it unlesswe gCl intO the school.ThcSupremeCowt's 1988 court system," said Peel Haze/wood ruling. which allows adding that he cannot school officials to censor most school bring his papc.r's case to sponsored StUdenl expression ifthey deter counbecause of !hehigh mine their censorship is "reasonably re lawyer fees. lated tolegi LimaICpedagogical concerns." ") feel thai given a hasonly separaied the professionaland UlOpianworld. wecould go sludent journalists even morc. to court and get an injunc L�clhc�puf�o���� Lionagainsllhe school. I believe!hat however, su.u:lenljoumaIists want towrilC. inmy {s.iruationI thereis nOlhing I cando." aboutthc iss uest.ha1 they deem importanL When Sometimesccnsorshi p invol ves thenmore !his inc.lination is not pcrmiued or respected, many removing just an articlc. Jennifer Regie, a Studentsharborfcelingsof angcrorconfusion. ln many jlUlior at South-Doyle High School in Knox cases. asthc cc.n..�rshipbecomes routine. such feelings ville. Tenn., andaconuibuting writerforlhe arc replaced by indifference. Phoenix, the school's slUdc.nJ. newspaper. "I felt likeour basicrighlShad been snuffed oul by was lUckedofT the newspaper in Decem ber the administration of our nigh school. [llIe news after writing articles on marijuana IcgW. paper �HJ all more or less feel thal way:' said D.BUOO. gay righlS and homclcs.sness. "I Alabama high school journalistJason Peel Peel. a senior aJ. was furious. nt was aJ major injustice," said Flegle, FJegle Charles Henderson High School in Troy and a writerfor Ihe attributesher removal to the"Iibcro.l" co ntent of her articles, Trojan Myths. was firstcensored af[ct he wrote a fcsture on (Sa FR USTIUlTION, page /OJ Spring 1995 SPlC Report5 Student arrestedfo r distributing paper Police search Muse afterschool offi cials decide undergroundis a threat NEW YORK - Josh Herzog is like seen inmany years," said MarkGood· many 17·year-old boys. He plBys bass man. exec utivedirector of the Stu guitar inband his and hopesto someday dentPress Law Center. bea musician. Herzog , an average stu "There are nocourt cases where dent, hopes to pursuehi s musicalambi a high school studeot has been tions in New York. City after his high criminaHy prosecuted for some· school graduation in Monticello. thing included in a srudent publi Herzog could beconsidered a normal cation," said Goodman. teenwith one mi nor exception- he was According toJesse Conway, _-"'...... arrestedand charged with criminalnui theauthor of thearticle, his sance andinciting a riot - crimes that writing was not intended can pack a penalty of up to a year in jail to advocate violence, but anda $1,000[m e. Aspartof theit inves toencourage change. "My ligation, police entered his home with· ideas are bnd of radical, Princip al out his parents'consent and confiscated but not violent," said the 17- George Will, who ar whatthey believed to be evidence against year-oldMonticello High School rived in September 1994, re Herzog. student BothC onway andHerzog enforced sevenl school rules thatwere Guns? Drugs? A bloodyglove? No. weresuspended from school for 10 days previously ignored.Among other things, Instead.Herzog was arrested by p0- because of Ihe newspaper. (Su MOlVI'ICEl.LO, page 9) lice in January fo r publishingan under ground newspa perat his home and cir culating it throughout his high school. Sex scandal scoop causes stir Computer disks usedfor distribution of the newspaper were confiscated by p0- OREGON - S ixteen -year- old Ezra fi) oncopies campus. he was calledinto lice. They I.alerdropped the charges. Holmlund isfrustrated. Thej unior class fhe�tvice JXincipal ' sofflce.SchooI. Herzog's newspaper,entitled the Sub presiden t at Centenni.al High School in officialssaid that he �hoclhad vio1aJeda Stalion. caused school officials to be,.. Gresham was suspendedschool from for policythat OOnnedcircuIation of unaulho come upset because ofthe graphic na writing anarti clein an underground new� rizedon matmal camptlS. ture of thearticles in it paper that ended upscooping Ihe local After thepaper was dis!riblJled, the Thec ontroversy focused on two ar media. In addition,he was temporarily student who had made the:n:usations ticles in thene wspaper- one that made dismissed from hisoffice asjunior class cameforth 10verify the SIDry. Despile this, derogatory remarks abouta female stu presidenL school upheldofficials thepunishment. dent and another article that criticized The coruroversia1 article, wril1el1 inhis CemenniaJpriocjpal Clark Brody said school officials and aslred students to new�The GooflS ofHOZOTd. disc� in theOregonian PcrtIand thatsexual the throw trash on school grounds, urinate an irl<;tructorof 15 years at theschool who misconductarticledidnotplaya role in the on the floor, and"wear yourPot, Acid. abruptlyresignedfromhis position in March. � Rathe4, it wa<;the publicalion Alcohol, andRevolution T-shirts." Holmlund, � over the sro:ocy ofthe ilSlelf. "Cloud thebathrooms with yourglo resignariooalCen tennia1 High School, de The U.S.Courtof Appeals forthe N'm th rious cigarette smoke. We can 't bow cided to take matters into his own hands. Circuit, which has }Jrisdictioo oves the down any more. We are a1most 1,000 Hobnlund discovered thattre�gnarioo stale of Oregon. has ruled thatunder stroog. Note ven thepolice can handlea coincidedwith. allegatioos made by an 18- groundne�maybedistnbutedon crowd of this size. Thisis OUR school. year �Id student that shesex had with the campus withoutschool �a re. Letus show thesepower hungry. ego tis teaCher. view - a decisioodirectly that cootrn· tical, non-caring bastards something," '1doo'(think� y [�otOCiaJs] wanted dietsCenIeru1ial High School' s policy. said thearticle. a badrepuLaJion" said Holmlund. "{ think HoImJund andhis parents met with Herzogsaid he fee ls there was a defi they wanted10 keep [the resignation) under Centennial High School officials inlate nite overreactionby the school and the locked." doors March.iocluding Principal Clark.BrOOy, police. "Instead of just tel ling me not to AfterHolmlund printed tre 00papeI his andscrool reinstaJedofficials Holmlund do it, they arrested me," said Herzog. parents� COOlputer anddislribur.ed asjunior class presidenL . "Thisis the most amazing thing I've 6 SPLC Report Spring 1 995 Principal claims studentunderground caused near-riot Student is removed fromjournalism class after 'disruptive' event NORTH CAROUNA - High school severalstudents att.em pted toleave class beca.useofa "big rio('the article caused . student Michael Terenzi decided to let prematurely and that teaChers had to Niedzi.aleknamed one history teacher, out a Scream, and his principalslapped block the exits. ScoU Jacwnin, as a teacher who had a him with a lO-day suspension and a Niedzialeksaid that bomb the threats disruption problem. but could not re booto ut of journalism class in March. were not disclosed because the situa memberany other faculty members. Terenzi, a junior al Sun Valley High tion was undercontrol by the police. Although Jacumin said that hisclass School in Matthews, was accused of .. [ The wasina "fer inciting a riotby his high schoolprinci newsletter] vor" over the pal,Sandra Nied.z.ialek. The charge and wasn'tanap article, the suspension were brought against propriareway class was al Terenzi afterbe distributed one edition to express ways under of The Scream, an underground news himself,"said complete letter he wrote and published, on the Niedzialek. control. Sun Valley campus. "He needs to "I chose to According toNiedzialek, suspenthe get his facts take that op sion was nOLbecauseofthepaper itself, straight." portunity to but becauseof the disruption it caused According talk about in the school, and the way Terenzi to Terenzi, free speech "talkeddisrespectful to me." Niedzialek: 350 to 400 rights," said also said that a school board policy copies of the Jacumin. o requiring prior review by administra ne wspa per Hesaid that !��j"l tors of student publications distributed wereg iven to� �� he did not onschoof grounds led to the decisionto students in pe rs onal ly suspend Terenzi Terenzi claims that s c h 0 0 1��r4:P see any stu his dismissalfrom jonmalism cfass was h a l l w a y s dents at basedon theScream, while NiedziaJek beforeschool tempting to said thatpoor classperfonnance in his started. After riot or go journalism classand "'not being a good Te re n z i I ....� home be role modelfor otherstudents" led tohis arrivedin his cause of the dismissal. Terenzi said that he main first period article. tained above average grades while in class,he said "'"'� "She was journalism class. t h a t just looking An article in the underground news Nicdz.ialek fIrst spoke on the public fora reason tokick me out of school," paper bashed Niedzialek, saying that address system, complaining about the saidTcren:zi. After his parents mel with Sun Valley HighS chool was "slapped publication. !Because the wriler of the Niedzialek to discuss the situation, in the face with a woman who nobody Scream was not known, identifiedonly Terenzj said that Niedzialek told him appreciates ...... The article also by the pen-name "Ot.ac," NiedzWek he was not allowed to distribute the'" respelledher lastname as"Needsa1ick," could nOl blame anyone. later in the letter off campus, and that if another complainedabout school functions that day, after NiedziaIek discovered that copy of the letter appeared on-campus, were supposedly and "probably" can Terenzi was involved,she calledhim to be would besuspended for anotherten celed,and criticized Niedzialekfor not the office. days. reporting bomb threats made against Niedzialek informed Terenzi he was According to Niedzialek. she told the l.schoo suspended from school for ten days, Terenzi that he would be suspended if Nied.zialek said that Terenzi's facts citing Sun ValleyHigh School'spolicy he distributed the newsletter on-cam were not straight concerningthe report thatprohibits "behavior that inciteS to pus, not off. Terenzi distributed ap on the cancellation of the school's tal riot - that is, encourages olher stu proximately 200 Screams, his �nd ent show and "Spring Fling" events. dents toj oin in disruptive behavior." In edition, off-campus without any prob Niedzialek said the paper' s claim of a.ddition . Terenzi waskicked out of his lems. the cancellations "made kids furious," journalismc lass. According to Terenzi, "You don't haveto like what I write," causing classroomdiscussions to focus Niedzialck told him students were re wrote Terenzi in his ftrst article,"but I on the paper. Niedzialek also said thal questing to go home early from school would lilc.e it to be listened to." • Spfing 1995 SPLC Report 7 rules review )urt prior policy unconstitutional IDA - A federal district court anda party invitationto her classmates students.In its opinion, the court wrote J 1994 . n u ne that a Lakeland during non-class time The invitation th at the policy was "so broad that it IWY school policy that required encouraged studenlSto attend a church cannot be supported under the law," :s to submit non-school-spon party as an alternative to Halloween and it likened the policy to a " slam vrillen materials to school offi trick - or- treating. dunk" on student rights byschool offi Ir approval prior to distribution The court said the school failed to cials. The school districtdid not appeal 001 grounds violated the First show that Johnston-Loehner's distri the decision. Iment. bution of the materia] would have sub The case is the second published ase.JoMslOn-Loehnerv. 0' Brien, stantially interfered with schoolopera decisionsince th e U.S. Supreme Coun's :upp. 575 (M.D.Ha. 1994),arose lions. Further, it rejected the school's 1988 Hazelwoodde cision that has ad ne StreetElementary S chool prin argument that the pri or review policy dressed theissue of administrative prior LilipO'Brien fo rbid thenten-year was necessary to avoid church-state review of non-schoOI-sponsored stu dent Amber Johnston-Loehner conflicts, which the school claimed dent pu blications. Both cases have mding out a re ligious pamphlet would interfere with the rightsof other found such rev iew unconstitutional.. ldent loses fight to view 'Schindler's List' )NSIN - A controversial deci movie documented the life of Oskar school board did not respond, so Borger t piued the beliefsof a 16-ycar-old Schindler, a German who helped hun decided to rue suit. hool student against a Wisconsin dreds of Jews during the Holocaust Theschool district denied Bo rger ' s re listrictpoJicyprohibiting lhevi ew Teachers andthe high schoolprinci· quest III view the movie, re lying on a �·rated movies in school saw the pal wanted to show the students' the policy thatprohibi ted the showing of any :ome outthe winner. movie as part of field trip - with film having a rating ofR, NC· 17 or X. the help of the ACLU of Wis parentalapproval - that would have In January. a fe deral district court Benjamin Borger, a student at coincidedwit h the students ' study of ruled for the schoold istrict. "The School D. B rad ford High School i n the Holocaust in school. Board has established , through litera la, sued the Kenosha Unified Borger's quest to view Schindler's ture on the Motion Picture Association 1994, District becauseit did not allow List began in February of when of America. that relying on the ratings :d High students to view the hehadapetitions ignedby 437 Bradford is a reasonable way of determining -winning Holoc aust movie High studenlS who fe lt thcy should which movies are more likely to con er's USI, which was rated R. The have the right to view the movie. The tain harsh language, nudity, and inap propriate material for high school stu dents. Borger has not presented any evidence to counter this evidence," the court wrOle in Borger v. Biscig/ia, Civ. No. 94-C-927 (E.D. Wisc.Jan.4, 1995) . .. A schoolboard has a right to deter mine its curriculum ," said Superinten dent AnthonyBi sc iglia. "This was not a case of censorship, The students had othcr opportunities LO see the movie." Bisciglia believes thatschool-sp nudity , sex and violence contained in a movie like ScfUndler' s List. ACLU atlomeyC hristopher AhmuiY. who helped Borger file the class aClion suit, had different thoughlS. -: I�-' "We thought we offered the judge a chance to dj stinguish this case from . . ( :!-. other cases, but theju dge d idn 't take us up on the offer," said Ahurnty .• --_. _-.-.... _---- eport Spring 1995 Monticello Police Chief Michael few Weeks, they decided to drop we Monticello Brennan saidthat the MonticelloPolice charges. (ColJIirwedfrompage 6) Department did what !hey were told to According to Herzog, the school c0- do. ercedthe police into entering his home " Will tightened the dress codeand sup "I reallydon't have anything to say, after he was questioned by schooloffi pliedwalkie ral.kies for himself and olller saidBrennan. ''We were directed by the cials. "[The school had] no evidence or assistantprincipals -to w llich students testimonythat he didanything on school objected. According to Herzog, the < grounds," said Mark Schulman, newspapec ' s purpose was to let the ad- .r j Herzog'slawyer. mirtistration know how some students / / Lungen denied that the school co felt about the administration's actions . / / erced police officials intO intervening. The eight page paper also included ar- "The school was validly concerned," ticles on music andsports. )7 said LungeD. "In a way, yes, [the newspaper did �, �\'1 I / Schulman said theschool and the au oJ '- I' promotean unsafe atmosphere] andin a pi ' - thoritiesov erreactedwhen they entered �� � way 00. I will admitto Ihal.(But] I know Herzog's home with ooly the signed thesenior class better than &he adminis consentof Ihe student tration does. I knew that [the article) Schulman died a Monticello High would get read. I didn't mink thatany Schoolpolicy that requires school offi onewould actuallydo an ything likethat , cia1s to make a concerted effortto con [what thenewspaper said]." tact parents if the student requires law The Penal Law of the state of New . enforcement intervention. Ifthe parents Yode.says that inciting a riot is a crime 'l: "/ are unavailable, theschool becomes re- in which: A person "urges ten or more � " sponsiblefor the student At the time of persons to engage in tumultuous and � ...... �_ IKD\ thei ncident , Herzog'sparents were out violentconduct of a kindlikel y to create of town. public alarm." "Mr. Katz had absolutely no right to According toPrincipal Will, there was / allow policeto talkto Mr. Herzog,or to anincrease in vandalism.sm oking in the bei n weir home," said Schulman. After bathroom anddisobedience aftec thear· the police entered the home, Herzog ticle was written forabout two to three downloaded the Sub StaJiOfl material weelc.s,but he did say therewas no way onto a disk, and police officials seized it. he could auributethose actions directly "Theybasically intimidated me [into to !he article. signing the form) and ifI didn't, [they Henog was tim questiooed by the said] I could spendup toa nigh t in jail," assistantprincipal regarding theSub Sta saidH.erz£lg. Herzog said he only signed tion. After !hequestioning, Herzog ad the consent form because "they were " rniuedto publishingthe paper . A school \ going to gel a searchwarra nt. auorney then advised school officials to For now. Herzog's parents are hop notify the police. Afterthe police were ing to clear the school suspension off notified, a copy of the Sub Station was his schoolrec ord in an upcoming school taken to Dislrict Attorney Stephen DA in the actions we took:' hearing , while their civil law suit is LWlgen'soCflCe andthe police were given Lungen, who called the Sub Statum pending.Jeff Herzog,Josh' s father;Said permissiontoproce.ed with investigathe "incredibly rude and obscene, and to that the civil suit is a response to irre tion. some degree inflammatory," said that sponsibleaction on thepan of the school Herzog wasarrested and taken tohis the police gave the First Amendment and police department. house where it was entered by police. issuemuch thoughtbefore acting o n the "Basically,they denied us ourconstitu Thepolice then seized his parent'scom schools' request, investigating the Ie- tional rights. They didn't have a seMCh puter disks holding the Sub Station in galityof the situaLion using the District warrant andcoerced Joshto gi ve permis formatioo. Willsaid tba t Herzog "gave" Attomey's input sion," said Jeff Herzog, who compared Vice Prin ci palIvan Katz andpo lice per "I considered Ihe actions of ltle kids police action to Nazi storm troopers. mission toen ter his home afterhe signed to be totally inappropriate," said Herzog's fatheralso faulted the schoolfor a written consent.Will declinedto com Lungen. "Whether otherkids would've not acting responsiblyon Josh's behalf. ment fW1her,citing legal concernsover listened [to we message] - J can ' t tell "C'mon, we're not talking about a multi-million dollarc ivil laws uit fIled you thaI.." breaking down doors here," said Dis by the Herzogfamily against the school Lungen said that after the aulhorities trictA ttorney Lungen. "Let's not make and the police department. had time [0 reflect on thesituation for a this a bigger issue than it is. n. Sptlng 1995 SPlC RepO(t 9 have a right to bein volved, but shedoes members have no journalism training. r-ustration not agree with the power the law gives "There are times, perhaps, when an- of lirwedfrom page 5) school officials. other set eyes, andanother experienced "I thinkproblem the isthatH aulwood educatorprovidesanolherviewpointother ng heecommunity andschool are ge n- gives toomuch powerto administrators. thanadviser' the s," said EIko. y conservative in their views. TIlepower theadminj strato� have hasto "I believethey should be able to ensorc , egle, who describesherself as a "very beexercised in a responsible way," said butwhat they areable censorto needs to be -at conservative," reasoned thai hel' Duby. more clearly defined," said Banner ad- les were written to present a more Many school administrators around viserWalter Stem. cove publication. After Ihree meet· the country disagree with Duby's ar- Stem says that the paper attempted to with South-Doyle's principal, Mike gument that administrators have too runan editorial and anews storyregar ding llith, and the threat of legal action much power, andjustify their ability to the review panel, which were met with nst the school, Regie was reinstated censor on the basis of using common some resistance. Accordingto Stem, the e paper. sense. panel initially wanted to cut the entire squith declined to comment, saying "1 don't th inky ou have tobe a joumal- editoriaLHe "negotiated" with the panel, Itwou ldbe"detrimenLal" totheschool ist to be a thoughtful and considerate and they ended up cutting some of the )ntinue discussing the situation be· indivklual - to guide and to teach stu- phrasesdealing wi1h religion beca�"they e it had already been reconciled. dents," said Dr. AlanElko, the Superin- didn't want theretigion !bing to continue. fl.er her reinslal:ement to the paper, tenden t of the North Brunswick: school 'They dido't wantto churn it up again,"said Ie was required tosign a contractwith administrationin N ew Jersey.Eiko con- SIem. 1bepanel,which oonsists of Iheassis- °hoenix and the school in order to tinued, "1 thinkhaving intellectand val- tant sup:7intendent, the principal and an inue writing for the paper, The con· uescanserve an adm inistrator, astudenl, English adviser,did notedit lhene wsstcry. . asread by Asquith,stated th atFlegle and a paren t well Fonnalized fnliningto Elko, who deniedcensorin g to protect lsubmitherproposed articlesto either joumalism isnotaprerequisite (todedde the school 's image, saidth at schooloffi - ponsoror the admin istrationfor edit- on newspaper content]." Elko was in- cials cancensor ifthe articles are deroga- mdprior review. Asquith said that he strumental in the formation of a prioc tory toward particular groups. "If it's s on requ iringall journalismstudents review panel designed to review No rth harmfu l and posesa threat to safety .. . if gn il BrunswickTownshipHighSchooI'sstu- it's prejudicial and alienates certain Looking back: on it now, I wish 1 den t newspaper, the Banner. The panel groups, 1 thinkthe schoolhas that right," 't sign il I just got so discouraged," was fonn ed in January in response to a said Elko. RegIe. "] justdidn't care anymore." controv�ia1 student article that crili- Auempting to help thestudents, St em egle's fee.ling ofdis------.--�------"7"-----, tried to help them win agement IScommon r- the particular case, and I1g a growing nrun- not actually change the .f student joumalists. school poljcy. "I coun- SPLC has see n a l seledthesLUde nts," Stem and iy increase in the I said, told them that ber of high school ' "(pJrotesung it on prin- orship complaints ciple is a losing proposi- litt.edeach yearsince ' tion.Prote stingit on one . {wood. ' point is winnable," �anna Duby is the While high ochoolstu- etor of Education deotjoumalists aroundthe :y at People for the country continue 10 be ricanWay, aWash- censored, the issue offree 10, D.C., based civil _ expression rights and the s group. Duby feels importance of the First the power given to Amendment are in con· 01 o[fi�jals under :,:::. .. , stant debate. 'lwood IS abused on ""':',-"-- ....------'-'---_...... L.___ _---' '''''-_ Nat HenlOff,the auIhor ular basis. I of First Freedom and a 'ell, they certainly have the legal cized the Catholic church and caused a supporter of free expression once wrote, (to censor]. I gu ess the more perti- community uproar. "If fr eedom of ex pression becomes ::)uestion iswhether thaL right is [en- Accord ing to Etko, theboard issetup merely an empty sloganin the minds of dJrespons ibly - the answer 10 that 10 "guide and educate journalists,"de- enough Children, it will be dead by the " Duby believes that administrators spite the fa ct that some of the board time they are adults.. .. LC Report Spring 1995 Highschool editorre fuses to give subpoenaed photos; could face contempt charges for defying police W ASlDNGTON - Stacey Burns,edi- decided thatthey would oppose the sub-- reputarioo of handing Ove'S pholns and toe of the Mountlake Terrace High poena.. nores ofthings that haven'l been pulr School student newspapec, faces con- In deciding that the pictures should I.i.shed_. sourceswould not want cocome temptcharges, includinga possiblejail be turned over, Judge Ron ald L. and talkus," with Bumssaid. sentence, for refusing to turnover prnr Castleberrycalled the fighl a meleeand .. It comes down 10 thefact that there 108subpoenaed by the localpolice de- suggested lhateverybody who hadseen were 150 wimessesouuhere. Statements partment thefight would have a different version haven'tbeen wedfollo up00 andpeople Thecontroversy beganin !helast week of what had happened. haven 't been interviewed by thepolice. ofJanuary when a fight At this timewe feel that �OUlinthecampus epolice] haven'tOOne MOUNTLAKE TERRACE HIGH SCHOOL [lb parlcing lot between all lhaL!hey need 10 do," . sevenlAsJanandwhite �" Bumssaid. s�. Between 10 D Judge Castleberry and 20 students were H ruled lhaJ. be would not involvedinlbefighlaod AW K YE holda COOlempt hearing accmiingto various sources.. the crowd Thephotos in question were viewed until after the subpoena case had been I3Dgedin size 10from 50 150. privatelyby C�tleberry. Heruledthat the decided by an appellatecoon. Two photographers for the student photoswerematetialenoughthauheyshould Bum's attorney is wodting on fil ing newspaper were in thearea and took 14 be wrnedv o er tothe prosecuting 8ttonley. papers withthe Washington S opreme pictures.. The fl1m was de\' eloped and· Bumsrefused 10 tumthem over aM said Court hopingand is for argumentsto be turned over Uj Vince Dcmjero, Catolty thatwas she doing itfor CWOrea. Tennessee appellate court rules in favor of paper The Mo untain Press publisher given permission to print student disciplinary photo TENNESSEE- TheMO Ufllain Press injunction10 prev entBob class. newspaper in Seviervillerecently won Childress, publisher, Judge William R. theright incourt toprint a picture taken frompr inting the picntre. Holt Jr.• who issued the of a high school 's effort to discipline Thepicture had yet to be injunction, decided trtat students (Sevier Count Board of Edu developed. "reasonable regulation" calion v. Wo"e/l Enterprises'/nc. dJbl A Tennessee district justified prior restraint a lhe Mountain Press, No. CA-03AOI· courtgranted the tempo because student disci· 94·(rCV -00 190 (fenn. Ct. App., Nov. rary injunction to pro- pliI'.aryrecords were pr0- 30, 1994); 1994 W.L. 66926). tect the identity of the tectedby Ten nesseelaw. On February 25, 1994, a suffph o juveniles in theclass. rtf) In No vember of tographer for The Mountain Press took A districtcourt judg e in lJ"' 1994. theCoon of Ap· a pictureof analternative classactivi ty March of 1994made the pealsof Tennessu ruled beingheJd at the local civic center. The injunctionpomaDent that Childress and The 23 students in the class were being "It's a matter of prin- Mountain Press did have punished for drinking alcohol on a ciple," Childress saidafter finding out theright to take the picture. The ruling schooltrip to Mexico. that students in the picture were not stated that thepicture was notpro t.eered Onhearing oCthe picture ' s existence. recognizable. AU the piclure showed under Tennessee law as privileged the school board filed for a temporary was thearm of one of the studentsin the information.• Spring 1995 SPlC Report 11 ,ort battle rages on for MinnesotaDail y :e supreme court refuses to hear reporter subpoena case [SOTA - Two students at me UniversiLy of Minne personally wiO'lessed by the reporter. � still involved in a legal balllest emming from a 1993 Rosen was denied a hearing at the Minnesota Supreme : neo-Nazi ral ly. Jesse Rosen, who was covering the Court. As of laLC April, he had not yeL been called 1.0 testify in r the Minnesota Daily, was subpoenaed to tesLify, and the case. 'am Louwagie was subpoenaed to tum over pictures In therclaLed regardicase ng pictures that weI"e takena t the f the disturbance that broke ouL at the event. rally, prosecutors subpoenaed the Daily edi tor. Hennepin :ontroversy started after Rosen was interviewed by COWlty Judge John Stanocho riginally said that theDaily did hortly afterthe rally and figh t and identified a probable not have to tumo ver the photos.The prosecutorconvi nced the It. judgc LOchange his mind about the photos and signed another 1 subpoenaed to tcsLi fy at the triaLl1Ie Minneso(QDaily subpoena telling the Dailyto give him the photos so that he legal counsel Marshall Tanick moved to quash the could decide which ones were needed for ev idence. rla A judge refused and said 11131 Rosen had given up Tan ick and Rosen appealed to the Mnnesora Court of lIilege he might have had by participating in an inter Appeals and were granted a reversal on procedural grounds il1l the police. becausethe p rosecutor failed to follow properprocedure s. The e appellate level. Tanick claimed that the Minnesota prosecutor has slarted over in his efforts to get a new court rs shield law ga ve Rosen thepri vilege not to testify.The order and according tolouwagie. the judge at the dislrict court r appeals rejected l1Ie claim and said that the law does is expected to rulca ny day on whetherthe pictur es will have to ly when there is no source at risk and the events were be turned over .• Ident's photos, negatives of stabbing victim Ifiscated by police and school administrator o\.S- A high school student at East High in Wichita Martin found out that O'Mara had thep ictures all along. :n struggling for monl1ls to retrieve a roll of phOLO Martin approached 0' Mara again andasked for thep hotos he took of a stabbing victim in early November. The and was told thathe would not release lhem becausethey we re attorney has said he told the detectives on the easeto needed fo r court. the negatives that EricMartin took outsidethe school Martin requested legal counsel from the SPLC and on g. behal f of Martin, Merriam talked to the detectives and the in was offe red th is dangli ng carrOL once before. but school principal . The de- e arrivedat thepolice station he was told lhaL he was tectives agreed to hand 19 to bea ble to Lake l1Ie negaLives or lhe photos home. over the negati ves to Mar '[ am mystified at llghthe SPLC, Martinretained the servicesof attorney tin, but when he went to I Merriam, who has been working to get the photos go pick them up they said why they have not j. they would nOL release >Yember. a stabbing occurred in the cafeteria of East them until all legaJaction released Eric's vfart.in had just barely loaded his camera when l1Ie surrou nding thes tabbing dies brought the vic Lim oul l1Ie front door of the had been finalized he re property.' The girl was covered in blood and the paramedic was ported. David Martin ler CPR to k.eep her alive. Martin took a whole roll of Merriam talkedto both about a minute's time. me district aLtorney and Father o/ photographer . developing the pictures in one of the school 's dark the detecti ves again and he was approac hed by the school principal. Katie was told that there would beno furtherproblems with Manin ry, who asked for the pictures so mat she could put retrieving the negatives. The district auorney wrotea leiter to "a safe place."The pic tures and negalives went inLO the detecti ves authorizing the releaseof l1Ien egatives, as long la envelope. which she turned ovcr LO the two detec as prints were not published in any way. Drking on the case. Marlin claims that he has no interesl in publishing the elc passed.and Martin approached DetectiveO' Mara photos and j ust wants them for his portfolio. Id geL the photos back. O'Mara referred thes tuden t to David Martin, Eric's father. doesn ot understand why Eric �nile court where the case against the assailant was cannot have the photos and negatives back. "I am mystified ied. The next day. while talking to a cJer1c at me court. at why they have not released Eric's property." . --- _ .-. _-_ . . _._, _._ ...... - Report Spring 1995 � Stanford speechcode struck down Calif. 'Leonard Law'withstands firs t legal test; school will not appeal CALIFORNIA - In what cou ld be a lion" is "unconstitutionalnot only due 10its Grey,who helped writethe speechcode pre(;.edent settingdecision for private col over-breadth but also due to its content five years ago, believes the court was leges andwUversi ties,a Stanford Univer basedrestrictions (on freespeech)." mistaken in its judgment sity speech code that sought to protect "By proscribingcertain words, without "We weretrying to makeit [thecode] studentsbigotry from and "fightingwords" even considering their context ... whether as constitutionalas possible ," said Grey. w� knocked down for the count by a under a given situation there will be a The Stanford speech code was created California Superior Court breachof peace, [the] speech codefa ils to aftera1988 inciden t involving twowhite A - preliminary injunction was ordered meetthe 'fighting words' standanL" wrote students thatdefaced a poster at an Af againstthe speech code,knownas the''Grey Judge Peter Stone. rican-American theme house. InteqxetationoftheFundamentalStandard," ''Wethinkthis is an importantdecisionfo r Greybelieves the code gave students' aftecnine Stanfordstudents and alumni led studentsall over the country,"Robert said guidelines fex what wa<; acceptable, and by funnerlaw studentRobert Corryflied a Corry, now an attorney in Sacramento. whatwas crossingthe inline free speech. suit against the university in May 1994, Corry believes that Stone's decision Grey also said the Stanfoo1 code was claimiiJgthecode speech a was violationof will be influential in other college free thoughtfully created, prohibiting only CalifOOlia 'sLeonardLaw. speechcases that may arise. The decision "fighting wools" directeda atindividuals, TheLeonard Law, enacted in 1992,is shows "students that stand up for their limited restriction thatwould avoid any theonIy lawofitskindinthe U.S. The law rights [against a university] can often "chilling"effect on student debate. extends First Amendment protections to prevail," said Corry. Stanfordofficials saidthey will not ap students at private institutions, and the Stanford officials were less then opti � the decision because of high legal decision was the fl ISt test regarding the mistic. Law school Professor Thomas cootsinvolvoo. law's constitutionality. StanfordUniversitydefended thecode, arguing that it did not aim to prohibit "expression of any view, however racist, sexist, homophobic, or blasphemous in content .... Rather, [the school said] that the speech code was only intended to prohibit 'fighting words.' uFighting words," are generally con sidered words or non-verbal symbols that incitean immediate breach of the peace. The students argued that the code went beyond prohibiting 'fighting words: and that it prohibited the free expression of ideas. ThewUversity also maintained that the codewas justifiab le becauseStanf ord is a privateinstitution , andonI y public schools can be forced to abide by the freespeech requirements of the U.S. Constitution. S tanfordargued California 's LeonardLaw would be unconstitutional if applied to them because the law would "violate Stanford's First Amendment right to be free of State regulation with respect to its speech," the wroteCOUrt . Both arguments wererejected by the court Thecourt based the decision, Corry v. Stanford University, No. 740309 (Cal. Super.Ct SantaClara Cty. Feb. 27, 1995), on itsconclusion thatthe "Grey Interpreta- Spl'lng 1995 SPLC Report 13 �==��==� Controversy teaches First Amendment lesson Cartoon's artist advises students to confront issue of racism PENNSYLVANIA - The first time Pulitzer Prize..winning SigneWilkinson 's cartoonpuhlished.a was boot200fXX)Phila .. delphiaDaily News subst::nbetsmight have f noticediL Outof Iho<;eonly thousands. ore person amailed in letter comptainuegard of ing the caro:xm.. u::�1 Aftersame the cartoon ranina suburban Philadelphia high �hool stlldent � per, a media spectacle surrounding the cartoon's cootrovmy resulted, and 5Qffie community members were outraged.. "Beauty,it�,isn'ttheonly thing inthe eye of the beholdu," � a Phil.adel phUJDaily News article. The cartoon, which originally ran in November 1994, coincided with the Cartoon by Slgne Wilkinson that spa rked controversy. arrest of Susan Smith. the Sou th pulledthepap-::routofcircu1arion andapoJo.. only , ''thec.art(X)O is over. " Carolina mother accused of drowning gized to studenlS over the school's public In additiontwo tothe Pennsy lvaniaschool hertwo children. Smithoriginally Slated addresssystem. Boles, quoted in aP hiJadel contrOversies, several other high school :0 police that a black man heisted her phiaDailyNewsanicle,said thatting prin the newspapers across the counlry have had thechildren. �ar along with cartoonwas "a mistake. Ifa therehadbec:n publemsre-publishing after thecartoon. In thecartoon,students present a teaCher cartoonracism on along with thatC3t1OOfl, it Wi.Ik:inron said she � theOOfItroveC different excuses ",ith for not turning in couldhave been asIl9!d a �g tool." siespeople teach a Ies9;)non the importance heir homework, including "My dog ate '1 thought it was a good cartoon, that it of freee� rights.."Even ifmy car· excuses ny homeworic." All of the are clearly madepoint the arout how people toonwas racist, answer the to jectiooableob ejected until lastframe of thecartoon , the readily believe even the most riruculous speechis f11(W't speech - nottrying to pu t a vhen thestuden t tells thereacher, "A big accusationas long asyou implicatea black lid on it" • •lack man stuck a gun in our car and man," said African·AmericanP hikuJelphia jdnapped my homework." Daily News columnist Elmer Smith in a "Poccchild! Arc you OK?," the t.eocher Daily News article. Te xas sics,acce¢ng of thechil d's excure. Leechburg AreaHighSchoolnearPitts (ConJilUJedjrom page 13) '1 did ra expxt lo have the negative burgh also ran the cartoon, and had a ::actioothatC SPlC Report Sp(lng 1995 EXAMINING EVALUATIONS Evaluations of faculty members and other school employees can be the basis for interesting stories - if you can get access to them hen Maggie was !In'cI adrnin· appoinlededilDf'of JSlrators' !.he studeru news eye..'_ only, W per at her Slale W hiI e university. one of many ncr main g was 10 in 'gate mc schoots.pub c(fCC tivCll of the school's adminis- lic and pri trntOrS and faculty , and expose any vale. publish abuses shemjght find in theadmjn is the general I:raL;vep rocess. In recentyears, tuition resultsoffac at beeschool had far outpaeedme rate uILy c\'alua of inflation. YCl thepercei ved quality lions com of educati thaI sludenLS received plc.uxlstu· by remained unchanged. he wanted 10 dCllts in the know why. Her fiJSl move was to school's SUl requesl various inJonnation (rom dentncw�-pa school officials. including fac ullY per or o!liler evaluations by studenLS andother f ac pu lication, ulty members or school administm many will LarS., 10 detennine if Ih school's fac nol disclose ulty and other personnelwere giving ther uJLSof sllIdenLStheir money's worlh lhrough individual effectiveteaching and adm in' trntion, (acuity member evaluation at all.In malian. at the high school level and When Maggic' information requests facl. it isoflen only one Or lWO lop-level beyond, ha\'c the power in mlUlY werelarge ly deniedby schoolofficial schoolad ministnliors who have access staLeSlo conccalserious problc0l5 in who claimed a right 10 privacy and LO lhc aClual rcs ulLSoflhestud mevalu Ihe perfQnnancc. records of public academic freedom she realized mal alion , in addition (0 the fa cuhy mem employ ' S. inc luding lC8chers and one of !.he biggcsl problems wi!.h !.he ber who can usually review his or ber professors of public high schools seh I' administration was that in wn evaluaLions. and coli ges. Realistically. witboul fo rmaLion thatw as clearly in the pub In Ihis way. holdc� of facullY and such information. 8 high schoolSlu· lic inLerest was essentially fOf lOp- other stale employee evaluativeinf or- (Su E\lt\LI.JATION.po�t 16) Sprlng 1995 5fltC �eport 15 What the courtsand state interests of the person whose records would bedisclosed must beperf ormed to Evaluation legislatures say about determinewhether disclosure is appropri (continuedfrom page 15) access ate in a particular case.3 Unfortunately, While some courts and state legisla the inbalance � seems to tipmore dent obtainingsubstandard prepa risks tureshave that specifically dealt with the often in favor of nondisclosure as the ration for college, and a college student issue of access to fac ulty and other em recordsare presumed to be exempt from can end up paying thousandsof dollars ployee evaluations have ruled that the disclosure under the state open records for an education from underqualified state open records law allows disclosure law. Other states, including Iowa, Mon professors. Additionally, discriminatory of such information, other states have tana, West Virginia andWisconsin, use prac tices based on a fac ul ty member 's taken the opposite position that such the same type of balancing test to deter gender or race have often resulted from records should be fo rever closed to the mine whetherthe disclosure is warranted.4 such strict protection of evaluative in public. Still other states have avoided Probablybecause students are notoften fo rmation. seuling the issueone way or the other, and likely to have the resources to bring an The fo llowing infonnation provides rely insteadon a balancing of the public action for improperwithhold ing of infor someguidance for siftingthrough a state's interest and the rights of privacy for the mation by schoolor other officials, many freedom of information laws, as well as individual whoserecords will bereleased cases in this area concern fac ulty mem the state caselaw, so that the informa todetermine whether to allow the disclo bers and other employees who have tion about fac ulty evaluations can be sure. It depends on the state you are in as brought discrimination suits against a obtained as efficiently as possible, and to whetheryou will beallowed to obtain school, usually in a coUege or university file drawers that hold information that the desired in- setting.Ina is inherently in the public intere st can fo rmation. typical dis be finally unlocked. For in- crimina When considering whether and how stance, in When considering whether tion case, a to make a req uest for information for Colorado, and how to make a requestfor university fac ulty evaluations or their reported New York, professor results, a state's public records law (also North Dakota, fa culty evaluations, a state's who has known as the state's open records law and Ohio, the public records law is usually been de or freedom of information act) is usu state open nied tenure ally the bestplace to start to determ ine records law, or the best place to start to will suethe your chances of getting the informa a state court's university tion. That statute will explain how ac interpretation determineyour chances of ifheorshe cessible docu (or inaccessible) certain of that statute, getting the information. believes ments may be in your particular state. expressly al that racial Asdetailed below, some laws expressly lows disclo- or gender a1low or exempt disclosureoff aculty or sure of faculty evaluation information . 1 discrimination motivated the tenure de other employee evaluations. Most, how However, Connecticut, Kansas, Loui nial. The professor typically needs the ever, do not specifically address the siana,Massachusetts, Missouri and Rhode ftles of evaluation information of other issue and you will have to carefully Island allow government officials tokeep tenure candidatesduring the samereview analyze the statute's wording and any some of this information secret either period,as well as his or her own personal relevant case law or attorney general through the statestatutes or case law.2 In tenure review fIle, to prove the alleged opinions for guidance. certain of these states,though, the holder discriminationactually occured by show Private schools of the information has the discretion to ing different andbiased treatmentof par It is important to note that most open grantthe information req uest, but is also ticular candidates. In such cases, courts records laws apply only to "public agen allowed to keep it in closed fIles. The usually order the school to disclose the cies" or "public bodies,"and therefore, wording oftheparticular state open records desired information under trialdiscovery do not apply to private schools.Private law indicates whether this discretion can rules. schools are just that - private - and be used or whether the holder must not Forexample, in State ex rei. James v. thus, for the most part, may adopt what allow disclosure in any case. Ohio State University5 , where an assis ever policy the school administrators The other states that have specifically tant professor's request for access to his choose in order to concea1 or allow addressed the issue thus far have for the and other fac ulty members' ten ure and disclosure of fac ulty or other employee most part created special rules for them promotion records was granted by the evaluations. Therefore, if you are seek selvesoutlining limi tationsto access, and university only with all pertinant infor ing such information from a private granting disclosure in only certainsitua mation omitted, the court held that pro high schoolor college, you should look tions. For example, in Arkansas,abalanc motion and tenure records maintainedby to that individual school's policy re ing of thepublic interest in disclosure of a state-supported university are "public garding disclosure. personnelinf ormation against the privacy records" under the state Public Records 16 SPlC Report Spring 1995 Act6, andtherefore, are subject todisclo awriuenonemay become necessarywhen fairstudents, that their parentsand, in the sure. Further, in Anonymous v. Boardof an oral one fails to produce the desired case of a public highschool or college, Education/or Mexico Ce lllraf1 thecoun information. Therefore, it may save time taxpayers, be provided some indication ruled that a settlement agreement that in the endyou if submit a written request thathard-earned their tuition paymentsor resulted from a disciplinary charge and fromstart. the A written request alsomay tax dollarsare being wisely spenL Ifyou private hearing for a teacher's miscon be takenmore seriously by school admin aredenied access, tell your readers. Par duct was subjectto discl osureunder New islrators as it is clear evidence of your ticularly today, with tuition rates soaring York'sopen records law, because such request and cannot easily be tampered and student indebtedness rising, they with in the futurea if dispute ever arose should havethe right to beinformed COD about what exactly was requested and SW11erS. If you are denied when. Additionally, a written request for 1 SeeColo. Rev. Stat. § 24-72-202(4 .5); informationwill more likelyevoke a writ Denver Post v. University ofColoradn, 739 access, tell your ten responselisting reasons why that in P.ld874 (Colo. App. 1987); Blecher v. readers. formation is or is not available to the Board ofEducalion, N.Y.U., OcL 25, requester, which may thelead requester to 1979 (Sup. CL KingsCo. 1979); revise therequest to fit the requirements AlIOtIymous v. Boardof Educalionfor inform,ation was "clearly of significant of the administrator in order tocompel Mexico Central, 616 N.Y.S.2d 867 interestto thepublic." disclosure. Such a written dialogue be (Sup.Ct.,Oswego Co. 19(4); HOVe/ v. In Univ. ofPennsyivania v. EE.O.C.8, tween the requester and adminislrators Hebron Public SchoolDistrict, 15 Med. L. 'w here the UniversityofPe nnsylvaniacre alsocreates a "papextrail" to fo llow should Rptr. 1118 (February 2, 1988); andStale ex atively argued that its FU'St Amendment thedispute ever go tocourt. rei. JQ11U!S v.OhioSt all!University, 637 right of academic freedom would be in 1f a state statute expressly disallows N.E.2d911 (Ohio 19(4). fringed ifforced to disclose peerreview disclosureof the information, any oral or 2 See Conn. Gen. StaL § 10-151(c); (evaluation)documents tothe Equal Em written request that is made will most K.S.A. 45-221 (8)(4); Op. Att'y Gell. 85- ploymentOpportunity Commission, and likely be denied by adminislrators be 724;Trahan v. Larivee, 365 So.2d 294 (La. thatthe EEOCneeded show to a "particu cause they have no legal authority togrant App. 3rdCir. 1978). cert. denied, 366 So.ld I3rizedneed" for the desired information suchdisclosure. Many state statutes,how 564 (La. 1979); Connolly v. Bromery, 15 prior todisclosure. The foundCourt that ever, statethat the holder of the infonna Mass.App. 661, 447 N.E.2d 1265 (1983); ' therequested inf onnation did nolrelateto lion has the discretion torelease it upon and Mo. Rev. Stat. § 610.021(13). the right of theuniversity to make tenure request In thatcase, one desiring infor 3 Ark.Code Ann. § 25-19-105. decisionson academicgro unds, and thus, mation should go ahead and make a writ 4 SeeIowa Code Sec.22.7 (1 1) (1991); did not infringe on the school's "aca ten request, acknowledging the informa Cityof Dubuque v. Te leg raph Herald, Inc,. dimic freedom." tion holder's discretionary authority to 297 N.w.2d 523 (Iowa 1980); Montano. While the above cases are promising, release the information under the state Hunum Rights Division v. City ofBi lling s. they do not guarantee success in your statute, and giving a good reason why 199 MonL 434. 649 P.2d 1283 particular case and it remains essential such infonnation should be released. (1982)(records arepr esumably open); ' thatyou lookto an individual state's laws While the administrator still has the W.Va. Code § 18-29-3; and Wisconsin ' toacquire the necessarydetails regarding option of refusing the information re Stale Journal v. University ofWisconsin, 18 a particular information request quest outright, he or she may be more Moo. L Rptr. 1872 (January29, 1991). Requesting fa culty likely togrant it if there is a valid reason 5 637 N.E.2d 911 (Ohio 1994). evaluation information fo r doing so. 6 R.C. 149.43(A)(I). 7 616 N.Y.S.2d 867. 871 (Sup.Ct., 1f a state statute allows disclosure of Conclusion Oswego CO. 1994). these records, unconditionally or even As the above infonnation indicates, 8 493 U.s. 1112(19 90). under limited circwnstances, ordoes not you may not have to accept "no"for make clear your legal right of access, answer when seeking information about makea written request for the infonna fac ulty oradministrativejob petfonnance :::: �?tr: ;:'}',: :" '>\:: .. : " , ::. ';" ;::;;:':' ::,.;.:;:. tion to the administrator who holds and at your school. Inother cases, and particu ��:::.::... . maintains it In mostcases, a couple para larl y at a privateschool, the law may not graphs specifying what infonnation is be on your side. Even so, all is not lost :·: �Ar!X�!�r�!j;lo nng#4i,lli i() ul desired and citing the appropriate free.. Though ascboolmaynot legallybe bound , dom ofinfonnation law should beenough. to release faculty evaluations, there re The Student Press Law Center can pro main strong argumen ts why it should vide you with a sample request letter if voluntarilydo so.You should not hesitate you need help. toplead your case to therelevant school It is easieroften to make an oralrequest, officials. Even if they will not release rathera than more fannal written one, but specific evaluations, it would seem only Spring 1995 SPLC Report 17 \rkansas governor ixth state student expression law is near-unanimous legislative support sasbeca me the six.thstate to enact Schexnayder (D-Dumas), says that this Thebil l was sponsored in the Senate It free expression legislation on is the "flISt Lime I' ve heardof [the jour by Lu Hardin (D-Russellville), 10 when Gov. Jim Guy Tucker nalism aswciations) getting together on Thebil l requires eachschool board in I the "Arkansas Studem Publica anything," Arkansas to "adopt rules and regula kt" into law. Schexnayder used to be in thenews tions in the fonn of a written student ker. a formecjournalist who used paperbu si ness and says that she usualIy publications policy developed in con Ie for ABC Ne ws during the Viet· has reservations aboutany bill trying to junction with the student publication lar,could not bereached for com· establishguidelines for any son of press, adviser(s) and the appropriate school Lfter the signingof thebill. but fe lt that this one was a strong bill, administrator(s) , ... which shalJ include 1 suppon from severaljournalism had unilateral support and would help reasonableprovisions for the tim e, place, ations, including the Arkansas the student press at high schools gain and manner of distributing student pub ;Chool Pres s Association,the AI· free press protection. lications." It staleS rhat "student publi : JournaIism Advisers Associa The other house sponsor was Percy cation policies shall recognize that stu Ie ArkansasProf essional Chapter Malone (D-Arkadelphia) who says that dentsmay exercise their right of expres Society of Professional Journal Lhi s is a "flfst step in asserting the rights sion .... This rightiocl udes expression in d the ArkansasEd ucators ASS(J· of students.It wasa LOUghissue to takeon, school-sponsoredpubl ications, whether I, thebill swept through theHouse but I was pleasedat therecepti on.A 10lof such pUblications are supponed ftn an �nate in February and March. A peoplebclievethatstudentsshouldn 'thave dally by the school or by use of the nsor of the bi II. Rep. Charlotte those (free press) rights," he said. school facilities. or areproduced in con junction with a class." William D. Downs Jr" executive sec retaryof theArkansas High SchoolPress Association, which initiated the action that led LOpassagcof thebill, saidhe was "ecstatic" that the measurehad passed. "I believe that this bill accomplished exactly what we wanted it to do. It brings administrators and advisers toge�. in manycases for theflf st lime.to ta.Ilcabout the role of student publications and to develop written guidelines that empha sizetruth, accurac y. fairness and respon sibility. and thatmeet the needs of par ticular school districts," Downs said. "Ourstate's scholastic journal ism pro gramsaLtnlCt many of thebest and bright est students in our high schoolsand the nationalrecords shows rhatstudents who _ Passed bi!!s have receivedjournalism tr aining inhigh school are more likel y to excel in their �AClivebills in legislature college careers because among other things, they have been trained to seek: the Draftedbills without sponsor /:;�'".. . ". bllth.Ultimately, that is the purpose of Report Spring 1995 press bill'" , .'. , - - j: _-:> �'._ f this proposal. foras we are told in the lawhad been � theoldest and has been around sinrethe bookof John. 'You shall know the truth "} applaud theArlcansas legislature for 1970s.The bill,KAnsas themoslrecent, and the 1m th shall make you free ' ," r.aking the fltSl step towarda free high was signed into law on February 21, Downs continued. school press.-Thisa is majorvictory for 1992. All of the laws except fo r HestUedthatthewOOc. ofBruceP1oppel', theSI3IC of ArIcan8as, for the act proves California's were a response to the Su professor of jouma1ism.at theveristy Uni some Americans still have faith in the preme Court's 1988 Hazelwood deci of Arkansas at abilities of the sion that cut back on student free press LitlleRock. was young people," protections. integral to the Ronald Hanks Legislators in three other states - billspassage. IThis is a major victory said. Missouri.. NebraskaandOregon - in Downs began Beth Shull, troduced similarbills into Iheir legisla woOOng on the fo r the State of Arkansas, president of the tures this year. The Nebraska and Or bill backMay in fo r the act proves sotne Arkansas lour egon bills haveyet to beheard in com after hearing nalism Advisers mittee and the Missouri billpassed the aboutsevemlin Americans still hme fa ith Association and House ludiciary Committee with tWo cidents of ceo the the publicatioos ameJldttu:nlS,but has not made it to the socsb.ip at Little in abilities o/ the adviser at War House floorfor a debateand vote. One Rock Central youngp eople.' renHighSchool, of the amendments was written by Ihe High schoolAf said, 'This vic committeechair and although bill spon RonaldHanks ter talking with IOrygivesscho- sor Rep_ Joan Bray(D-Univ ersity) be Arkansas srudenl Marek Beggs, 1asticjournalism lievesthal the bill will not � thisyear, the newspaper in Arkansas the she hopes that including the chair's adviser, he of- validitythaLitde amendment in next year's bill will en fered the assistanceof theAHSP A. serves. How wonderful thatstudents are sureits success. One of the Little Rock Central High now recognized as seriousjournalists ." SupporterS in three states - Okla School students who was c¢nsored last Arlc.ansas nowjoins the elitegroup of homa. Michigan and Illinois - have May andwho madesignificant contribu California. Colorado, Iowa. Kansas and written bills Ihat they would like to see tions10 theeffort to supportthe Arlc.a nsas Massa.chuseliSas stateswith stud ent free introducedbut have not beenable to find SwdentPublications Act waspleased that expression bills. The Califomia bill is anyone to sponsor theirlegislation,. SprIng IW5 SPLC Report 19 Traveling the InforlTIation Superhighway College editors go on-line to offer more services, but find that cyberspace is often restrictive increasesreadership but alsocreates i�I��II�new problems with administrative censorship. Therecurre are ntlyover 50 college studentnewspapers avai lable on-line. Anyonewith a Webbrowser can reach mostthem of througha servicemain- I tainedby Eric Meyer. Thehomepage . RumboLuMBERJACK Idt State On-line edition addresses are http://198. 137.186 . . 91 :80lnewslink/index.html or http:// . www.newslink.orglnewslink. i elcome to The Lunlberjack On-line Students at Northwestern Michi gan Community College were-get ting ready to place their newspaper I and literary magazine on line when I thePresident's Council decidedat its . March meeting thatthe student pub lications would not be given the ac cess they needed. According to the advisers and editors of the publica- f.IXIl...:l.a_..IIIaaIILI ___ lllLllllllAlidlll:l.JIIII..-lbI:Iod.- ___ _ .-;. ___-. -r:4 lions. the council,which at the same ew ch g ofacrumprugn lO ���� �-=� Wn �in M e ....______��______raise JJl{)ney for the school's pro hehU�on S�ghway college administrators. acceplBbJe use grams, felt that a partiallynude phcr r isbecoming fu ll ofroadblocks policiesand possible "decen cy" legisla tograph in the literary magazine forstuden tjoumalists.While lion makes ror a very bumpy ride. would causetoo muchcontroversy. anyaspiring to theirhave newspa Editors of student newspapers and At Shumsky ,literarymagazine ad �s on-line have had a smooth trip. magazines across the country are find· viser is encouraged by the fac t that hers have found that dealing with ing thatputting their publicatio n on-line the council decided to setup a task lC Report Spring 1995 force to lookinto the mat1er. Thecouncil "Oneof the moreexciting things we've Sen. S1ade. Gaton(R-Washington). Af admitted in a memo to the newspaper noticed withourreadership is thatmany terbeing auachedto a largetclecommWli editor, Jill Heath, that they Md made a alwnni in far off places read the Web c.ationsreform act,it waspassed on Marc h "quick decision" and thatno one present edition," said Hylton. 23by the Senate Commerce Committee. at the meeting hadany real idea of the Hyltonand schooladministrators have Exon introduced the bill !O prevent (XOCeSS of getting !be publiCltions onto gridlockedover thequestion of including obscene material from ever entering theInternet advertising on-line. "In part, we JUSl cyberspace, People who post orsolicit The forcetask isgoing tobe headedb y haven 't had the time to doit In pan, the "obscene,lewd. .lascivious, filthy. or in Diane, Emling AcademicDean ofLiberal MITadministration isn't too excited about decent" materialintheform of e-mail. Studies,and will discusswhat the criteria us selling advertising space on the cam text files. images or any � Coon of will be for putting publications onto the pus network." communication on-line could face a college Web page. Heath questions Manycampuses east of theMississi ppi $ t OO,tU) fIDe orup to twoyears jail. in whether this are con Jerry Bennan, chairman of the non will be a one- nectedto the profitCenter for Democracy and Tech timeevaluation HOne of the more exciting Internet nology,said the bill''is tmCOQStitutional or an issue by through ei· and a ditec{threat to free speechon the issueapp roval, things we've noticed with our ther theNa infonnatioosuperhighway." which might tional Sci· The bill should be debated laterthis constituteprior readership is that many ence Foun year. reviewand bea dationNeloc violation of the alumni in fa r-offpl aces read the New En scOOol 's publi gland Area Administrators cation policy. the We b edition." Research Faculty advis of Jeremy Hy lton Net, both revoke students' ers andstudent which have edilOrSof allin Editor oj the The Tech at MIT acceptable Internet access terested publi use policies e cations, a rep- forbidding In threeincidenlS, separate studentsv ha found outthat e-mailtheir may not beas resentative from the computer services theuse of unsolicited advertising on their private as they think andthat posts to departmentandschool's the librarian will connections.Breaking the policy by plac public newsgroups may come back to be pertof the task force. ing advertising onThe Tech mightallow haunt !hem. JeremyHylton, chrutman of theMIT's eitherorganization to disconn ectthe MIT Themost notDriousof casesoccurred at studentnewspaper, described The Tech as server. theUnivt7Sity of Michigan wherestuden t one ofthe first newspapern togoon-line Officials at the EleclrOnic Frontier Jake Bakerposted a piece "eroticof fic andone of theftrst Web sites inw the orld . FOWldationhave askedfor a clarification tion" at altsex..stories, which contained Even though there are severalprograms of acceptable use policies to dlstinguish depictionsof a fema1estudentbetngraped. now available 10aid editorsput who their betweenwhat is illegal and whatis offen tortured andmurdered. paper on-line., Hylton and an MIT re sive. After beingby altett.ed an unidentifted search hadto write!heir own program in Some clarification may resultfrom leg alumni about the post in late January, 1993. islation now pendingin C ongress. Senate Baker'sInternet access was revokedand TheTech hasonly a few graphics, but bill31 4, theDecency in Communications he was suspendedfrom schooL A week thestaff does maintain an archive of every Act of 1995,has movedquickly in the 1a1er, hewas arrested bythe Federal Bu issue from February 1991. "It's a great U.S. Senate.The bill was sponsored by reauof Investigationon charges of trans featuro for new reporterS.l" lfylton said. Sen. J. James Exon (D-Nebraska) and porting threau:ning ma1O'ialstate ac:rc& lines.He iscwrentJy awaitingtrial and his lawyerfiled has a motion to dism iss. TheBaker incident theraises question, does theF�t Amendment extend into cyberspace? "Our expectation that the Freedom of the Press extends into cyberspace was a given until thiscase," attorney Douglas Mul1coffsaid. The American Association of University Professors agreed in their "Statement onCom putersand Academic (Su E-MAIL. pag� 22) SprIng 1995 SPLC Report 21 Student publications coordinator E-mail sues Kentucky State University (collliml.edjrompag� 21) KENTUCKY- LauraCullen, coordi knows of at least three studerus who nator of student publications at Ken have officially complained and several U[AJn article or note tuclc.y StateUni v ersity, flIeda complaint who have calledher up offlce to inquire posted by a student infederal court in Marchstating thatthe aboutthe yearbooks. university violated ber First Amend Capri Coffer, editor of the 128-page to a newsgroup is a ment rights. book, has called the president's office Reginald Thomas, attorney for the several times and has spoken with no student publication." school, says that "this is not a First one. Shesays thebook was not perfect. Amendment case. Ms. Cullen has but alsoo n t derogaroty. Statement on Computers and bootstrapped the issue to the Firs t The administration adopted a policy AcademicFr eedom Amendment. Thls is essentially a per inJanuary, which Cullen hasrefused to sonnel matterand [relates 10] her ability fo llow, thatstates thateach copy of the Freedom"that principlesofacademic"the to get thejob done." newspapermu st be reviewedby the SUl freedomapplicable to student faculty and Cullenoversees theyear book andthe dentpub1 cations board. pUblication in traditional media.app ly ro Studentnewspaper at the school, bothof "IfMs. C ullen doesn't make sure that student and facul ty publicatioA in which were heavily criticized this past thenewspaper isposted in a good jour computer media" and that "an article or year by the administration for lack of nalism fonnat, then she's not doing her noteposted b y a studentto a groupoows is positive news, confusing layouts and job," Thomas said a studentpublicati on." · errors in grammar andsyntax. Thomasand the uni versityhave yet to In February , college student newspa "My responsibility is to teach {the respond to Cullen 's complaint but say per editor" Michael Moffa was removed students] to put out the highest quality they willso itina timely fas hion.CuUen fromposition his after postingarticles to productthey can,"Cullen said. She said isasking for anin junction for the admin several Usenet groups while doing re she thinksthat studentslearn more from istration to "cease and desist" any at search for an articleon homosexualmen theirmistakes thanshe if corrected the temptto exercise p rior restrainto ver the who use theInternet tof"md sex. error beforepub lication. yearbook and newspaper, the distribu Moffa said be had never seen a use In December, Cullen was removed tion of the conftseated yearbooks, re policy regarding the school's Intemet from her coordinator positionand trans ceiplof meritraises (or CuUen, compen coonectionsaid and that he thehad used ferred to a positionsecretarial in anolher satory and pun i ti ve damages. and InlCmelforresean::bbefore, buLthat ''what offic e. Owing her time away from stu aUOmey's fees. mepostings said angered the vice-presi dent pUblications, the administration Cullen claimsin herlawsui1 thatshe has dent themost.'� (Su CO URT, page33.) changed the locks to her old office and been denied merit increases in her pay In a similar case at theUniversity of removedall but one box of the school's becauseof theconflicts with theadminis Memphis, two students had their e-mail most recent yearbook which had just tration. She also claims her aaempt to and Internet accounts revoked in early beenreeei ved o fr m theprinter. The year form a union for non-�ic employ March affCCpostiog"off ensive"messages bookswere confiscatedby BettyGibson, ees has beena factorin thesituation. to theuniversity' computer s network. Both vicepresident for studentaff airs,due to Michelle Coleman. student govern students adm itted posting to the confusing layouts and problems with ment president, said that she "had no newsgroups, butsaid it was their wayof someof thearticles in the book.Thomas commentat this time." expressing themselves. says that no students have complained Neither Gibson nor Kentucky State Kathryn Story, deanstudents-judicial of and that the student government presi University President Mary Smith re affairs,charged the students with � dent supports theirdecisi on, but Cullen tlU11ed numerous phone calls.a of the school's code of srudentccojuct, iocluding infractionsof local,state and fed era1laws andusing computer equipmenl. 1O send or receive obscene messages. Stcry claimedthateach time new a student logged into the system!hey that 10 had agree 10 the school's useJXIlicy, which iocludcd its con ductcode.Both SIUderus. Raffi Handian ani DavidHooper ,said!hey never received any policy. Both students were issued warnings andgi ven backtheir computcraccou nts. 22 SPLC Report Spring 1995 Christian magazine funding case heard by the U.S. Supreme Court VIRGINIA- Should a state university ing a publication funding on the basisof cult for universities to differentiate be be able to deny fun ding to a campus content and viewpoint was generally tween groups werethat expressing reli publication strictly because of religious unconstitutional. However. file court gious viewpoints and those that were cont.ent? This question was debated be ruled that the university has a "compel seelcing converts. He appeared to resist fore theS upreme Courtin March. ling state interest inavoiding a violation theidea that public funds should pay fo r 1becase, Rosenber ger v. ReClors and of the Establ ishment Clause" which jus a religious magazine. Visitors of IN! University of Virginia, is tifiedits denial of funding in this case. JusticeRuth Bader G insbergp rovided expected ID be decided sometime this Rosenberger then took his caseto the thes ttongest resistance to McConnell 's swnmer. Supreme Court and received a hearing argumenLShe argued filatthere were no In 1990,University of Virginia student on March 1. casesin which !.heCourt had aulhorized Ronald Rosenberger requested $5,862 Rosenberger . publisher of Wide Awake directstate support to extend tore ligious from the school'sAppro priations Com magazine, and his attorneysargued that activities. minee to help pay for printing costs of the case "involves the diSCriminatory Justice Antonin Scalia seemed toagree Wide Awakemagazine, which was orga exclusion of an otherwisequal ified stu with Rosenberger's argument and fo nized topromot.e a Christianperspec tive dent publicationfrom eligibility for stu cusedhis questions on the university's on cUITemissues. Thefunding was denied dent activity funding." attorney John C. Jeffries Jr. He foc used because the comminee considered the In theirbrief they stated, "if (the stu on what he considered inconsistencies purposeWide of Awake to be"primarily dents] prod uceda magazine addressing in the university 'S policy. religious." AJthough the group was an such issues as homosexuality, racism, Justice Anthony M. Kennedy also official student organization and could and international events - all subjects questionedJe ffries on what exactly was use school facilities, the school'spoli cy of major articles in thefirst lhree issues being quashed: a religious viewpointor dictated thepublic ation could not receive of Wide Awake - from a gay rights, a religious activity. money from the student .x:tivities fee racialislor antiwar pointof view inst.ead TheUni versity of Virginiaargued that becauseof itscontent. of theiract ual Christianperspe ctive,th e "file First Amendment does not forbid During the 1990-1991schoo lyear, 118 University unquestionablywould bere reasonable cont.ent distinctions in the student organizations received funding, quiredto extend them neutral treatment. distribution of funds; ... exclusion of including thcJewishLaw Students Ass0- (Their] religious viewpoint is entitledto religious activities from public funding ciation, the MuslimStudents Association the same protection." is not unconstitutional viewpoint dis· andthe C.S. Lewis Society. 1becommit "Wide Awake magazine is excluded crimination; (and]. .. file Constitutional Lee defined these groups as "primarily because it 'promotes' Christianityat the ity of Lhe studentactivity fecs guidelines cultural"rather than religious. University of Virginia, but the Muslim is confrrmed by the public forum doc Threesrudentsin c harge ofWideA wake Students Association receives SAP trine." Productions and WideAwake magazine money to 'promote a beuer understand In itsbrief itstat.ed, .. ... thiscase is not received legal cOW1sel from theCent.er for ing of Islam to theUni versity commu about religion. It is, rather, about the Individual Rights in WashingtDn D.C., nity' through its magazine Ai-Salam," abi lity of public education at all levels to • and filed suit in federal district court. the brief stated. setpriori t.ies for theuse of public funds. Theyclaimed that theu niversity violated Michael W. McConnell, a professor TheU niversity of Virgi nia 's decision to their rightsto "f reedom of thespee ch and of law at the Univer:sity of Chicago and fund on ly thoseacti vities closely related press, to free exerciseof religion, andID lawyer for Rosenberger, argued to the to the educational purpose of the Uni· equal protectionof thelaw." Court that the case was about discrimi versity is both right and necessary ... It The university maintained that it is nation against religion. Several of file does nOl representany SOItof ideologi· legaJly allowed, under the Establish justices, including Justice David Sout.er, cally driven a.t.tempt to suppress a par ment Gause, to deny funding to rel i objected to his arguments saying that ticular point of view." gious activities. there was a distinction between most TheStudent Press Law Center fileda The districl court upheld the student organizations and a religious brief in the case arguing that no matter university's actions. organ izaLion. "It's one thing to recruit how the Court ultimately ruled on the Wide Awake flied an appeal in the members to an organization,and it's one religion issue, it should endorse strong U.S. COWl of Appeals for the Fourth thing to recruit adherents to God,"said limitalions on theability of schools todeny CircuiL Theappealscourtalsosupponed Souter. funding to studentp ublications based on theuniv ersity'S action. It saidthat deny- Souter suggested thatit would bedim- their content. ------.•.._-- _.. _------Spring 1995 SPlC �epQ(t 23 Editor arrestedafter fight with President�s supporter Former Institute of American Indian Art student editor pleads guilty to misdemeanor battery charges after spending five days in a Sante Fe jail NEW MEXICO- After spending five out prejudice and got Lego out of jail. probation. days in jail and having chargesof assault When Lego arrived back on campus, No disciplinary action wasever taken with a deadlyweapon dropped her against she was presented expulsion papers by against Heragarra, who was making a in November 1994, student joWllalist school officials and IOld that she had 10 documentary about Horse's life at the Grace Lego was forcedback inlO cowt in leavecampus. timeof theincident April 10 face charges again. According 10 Lego moved 10 California, but had 10 No school officials, including Horse, Lego, the judge ruledthat L'ler ewasinsuf travelback 10 New Mexico in early April returned numerousphone calls, from the ftcientevidence 10charge herwithassault, tofa ce thecharge, thathad beenreflled by Report. but she would have 10 faceon trial misde thedistrict attorney,after ajudge issueda Lego is currently living and working in meanor pettybattery. Lego pleaded guilty benchw arrant for her. Legopled guilty 10 San Jose,Calif ., and is hoping 10sue the 10 thecharge and wasgiven a sentence of the battery charge and received 90days college, she says.• three months probation and allowed 10 return 10 California. The charges stem from a fightbetween Ui Lego and another student who disagreed withher views of theadm inistrationat the � � Institute of American IndianArt in Sante Fe. Lego was expelledfrom institution the back in November because of missed (�-�,�� 1 classes and violation of the school con \ -:. , :' duct codeas a result of thefight ) An honor student and former student governmentpres ident, Lego hadworked )j J8 hard during her time at the Bureau of Indian Affairsschool 10 explore problems in theadministration. S hehad started with coverage of a fonner president,who was Georgia court protects names eventually fired, and thecampus security departrilenl. She was harassedby tbecam of victims of sexual assault pus policeafter thearticle ran, she claims. GEORGIA- A University of Georgia latertold and the police that She had falsified Lego began covering questions raised employee took the state 10 courtin order theclaim. Shedid allege !hat she had been about the operationof the search commit 10 preventit from releasing her name 10 rapedearlier day that by another man off tee that hired Perry Horse, the school's the Redand Black, the student newspa campusand thatevent the ha:ltrnurnatized new president,construction of thecampus per.The Georgia Courtof Appeals,in a 5- her. The student newspaperasked for the andthe firing of the school's development 4 ruling, decided that thewomen 's earlier completedocuments about the incident direclOr. rape made her eligible forprotection of a The policecampus informed theWOO'lan Lego's reporting prompted a conflict shield law. that the records ha:lbeenrequested. She with student Virginia Heragarra, who is Rebecca Mick,assistan t 10the Geor gia filedarequesl for andreceived an injtmCtion thepresid ent's cousin. An argument and Attorney General, made itclear that she in comtusing a Georgiarape shield saatute scuffle in the school's cafeteria over the thinks that the ruling on this case only which allowsrape to victims wi thhold their paper led Heragarra 10 fIleassault with a applies to thisspecific incidentand willnot names ondocumentsbeing released to the deadly weapon charges against Lego al affect other applications of the stateopen press. leging she was threatened with the fo rk recordlaWs. Montevido said the case presented an thatLego had been using 10 eather dinner. Harry Montevideo, publisher of the interestingissue because the statewantedto Lego was arrested on a Sunday night Red and Black, agreed saying that the release the records. and taken 10 jail. Her bail was set fo r ruling would most likely affect Georgia Mick does not think it was fair !hat the $10,000. Peter Eichstadt, adviser for the commercial dailiesrather than Georgia womanwas able tocommit a crimefiling in student newspaperThe Talking Slick, did student newspapers. a f� crirnereportbut then getrewarded for not learn of Lego's incarceration until The case began after an unidentified it by nO{having her name released. Thursday.On Friday he was able 10get the woman filed a fa lse police report claiming TheAttorney General opted not appealto districtattorney 10drop the charges with- that she rapedhad been and then came back the decision.• 24 SPLC Report Spring 1995 Student editor charged with assault after threatening to ' smack ' newspaper thieves MASSACHUSETTS- What startedas anarticle descr ibing by saying,"If you don't put the newspapers back, I'm going to the arrest of four studentsat Salem State College ended with smack you." the editor in chief of the student newspaper facing criminal The campus police- who, to thispoint, had beenobservers charges of assault of theconfr ontation- steppedfo rward, read Strong his rights Members of the African-American Student Association andcriminally charged him with assault,calling his argument confiscated approximately 1,500copies of TheLo g ' s 4,000- a threat. Thecharges against Strong were later dropped be copy press run and accused the editor of bias whenhe ran the cause the student pressing charges did not appear in court names of four students arrested for disorderly conduct Strong said he is now pressing charges against that student The AAS A sponsoreda dance Jan. 20 that resulted in fights through the campus judicial system. breaking out among the crowd of approximately200 students, Strong maintains that the paper ran a balanced story and according to Michael Strong, editor in chiefof TheLog. The included quotes from one of the students arrested. "It had Salem police department arrested four students at the scene. nothing to do with racism. We have printed the students' Three local newspapers, threeBoston television stationsand names in the past who [have been arrested and] are white. I'm CNN covered the disturbance. According to Strong. the local in the right. I did nothing wrong. I did not libelanyone," Strong papers have a combined circulation of about71, 800and reach said. communities from Boston to New Hampshire, soeditors at The Strong said that the student government formed an ad hoc Log never anticipated that their write-up of the event-which committee to look into freezing the paper's funds. Others did not run until two weeks after the local media reports - wanted to investigate Strong as a racist,even though the same would draw much attention. issue that ranthe controversialstory alsoeight ran other stories But after the biweekly paper hit the stands Feb. 2, African covering either African-American speakers visitingcampus or American students removedappr oximately 1,500copies from events sponsored by the AASA. distribution sites and demanded that the editors reprint the Vice President for Student Affairs Stanley Cahill - the story without the names of the arrested students. administrator in charge of mediation between the newspaper According to Strong. a "vehement" argument followed. with staff and the members of ASSA - did not return calls for members of the AASA, TheLo g staffand college officials comment. According to Strong, the studentswho admitted to trying to settle the dispute. Strong said that the African removing the newspapers did not reeeive any punishment from American students were yelling at him, and Strong responded schooloff icials .• Black students shut down DePaul newspaper College president announces that protestors will not be punished, agrees to most of group demands without consulting DePaulia editor ILLINOIS - A group of mostly black of the paper, the administration told issues' and the newspaper solicit mo�e students at DePaul University in Chicago him that the weekly student publication columns from minority students. shut down its student newspaper for ten could not publish again until "some of The college would not remove the days in April by taking over theoffice. the issues surrounding this situation students from the office during the sit The student protesters claim that the could be resolved." in and students involved were not newspaper was being "insensitive in Andrea Manning, one of the leaders charged with any schoolvio lations and the coverage of minority affairs" and of the sit-in, met with DePaul president will be tutored at the college's expense have cited the lack of minorities on the Rev. John P. Minogue to try and re due to missed classes. newspaper staff. There are 35 staff solve the dispute, and 17 of the 20 Martinsays thathe wouldlike to have members on the DePaulia , and six of demands made by the group were met. more representation of all racial groups whom are minorities - two blacks, Some of the demands included that on the staff, but thenewspaper isa volun two Asians and two Hispanics. someone be appointed by the college to teer organization. "It doesn't matterwhat No issues of the DePaulia were pub oversee the newspaper's treatment of ethnic groupthe y're from.I want as many lished on April 7 or 14. minOrity issues; that the newspaper print peopledown here so that they can repre According to the Zach Martin, editor one issue per year dedicated to minority sent their views and opinions.''' Spring 1995 SPlC Report 25 Beloit newspaper not allowed CollegerOl md-up to distribute in local public mall Student magazine at U. of Penn WISCONSIN - Kevin GriffIS,editor of theRound Tab k at denied funding, recognition Beloit College. was told in February that he couldno longer distribute copies of thenewspaper at the local shopping mall " due to 'political ' content because"numerous pauon s hadcomplained abolltmate� the rial in the publication. PENNSYLVANIA - After running a controversial article regardingHaiti in lateFebruary, TIlL R�dand B luemagazine was Mall representatives claim that the newspapec was too denied funding for the year and had its recognition status re sex ually explicit in some of itscolumns. Griffis considers the stricted. mall a public place and isconsidering on taking legal action T�R�dandBlueis the oldest publication on !heUniversity of to be able to distribute papers there.• Pennsylvania campusand isoldest the Ivy magazine.League EdllOfChristopher Robbins claims that he has beenharassed College changes work application by studentmembers of thestudent activitiescouncil as well as the after complaints bypa per's editors college employees who are hired to run the council. He also claims that this harassmentstarted withformer editorsand has NEWHAMPSHmE- After staffmembe:rson The DartmDwh spreadto his staff. Rt!Yiew printed an articleabout how one ofthe alumni offices The weekend before thestudent activitiescouncil meeting. would not allow them to work there dueto coofidentiaJy con editorswere informed thatover 107years worth of publication cerns,the office changedits app lication toremOYe the question. archives had been accidentally thrown away by the group that "Areyou affiliated withthe DartmouJh Review?" shared one of theRed and fueB offices. Administratorsin thealumni giftoffice fe lt thauheremight be Robbinshas metwith administratDrs to tryand come to some a confidentialitybreach if staffReview. ofthe which is !mown to sort of agreement about the ftmding as well a<; the archive printco nlrOversia1 articles, were a1lowed to have access 10 the destruction,but he has notout ruled taking thewUversity to court. alumni information. No questions Wfre asked aboutwork. on Althoughthe two issues happened so closely together ,Robb ins other studentpublications .• � not trunk athere is "conspiracy." "Thecoonec tion liesin thesame people (the administration of Our Story denied school funding !he silldent life office} who sanctioned the destruction of the archives are samethe been whoha ve targetingthe Red and Blue for the second time in two years for severalyears .... This ais systematicproblem at the niU versity WISCONSIN - For the second time, the student activities of Pennsylvania," Robbins saidJI board at Madison AreaTechnical College denied funding in April to OurStory, a black: student newspaper. Thenewspaper has suffalso ered otherdiscrimination from theincluding boold not beinggiven office space, not having an adviser and havingnot !-- - a voting memberappo inted to the boord. accordingto thestaff. 10 Last yearOurSlOry appuached !he board for $3,(00 and wa<; Fre�dom sefthe 00Ued.They received asmal1eramoont fran executive the conmit tee. Thepublisher, Vance Gathlng,is coosidering� legal _____ l. --RE-PrQ-S-s- �\_� -: 'Obscene' photos censored j by long-time PittNe ws printer r[- �I PENNSYLV ANIA- The University of Pittsburgh student � newspaper, PiJt News, is currently renegotiating their con � .• J l tract withtheir printer,Typecraft PressInc afterit refusedto I printtwo phOtos tfultemployeesconside red to be"offe nsive." � t:,..I.__ The photoswere to beprinted alongwith a review of the film, "Sex, Drugsand Democracy." in the Jan. 23 issue of the newspaper. MattSerlin, managingeditor, says thal thisis the firsttime " 5EE ... 1 f'oEAAT 111, LJ..YIZEA JU�T AW [OITQC2 " in 20 years thatthey have hadany problems with Typcraftand wants to makesure tha t the editors keep "final editorial say" over what goes in each issue.• 26 SPLC Report SprIng 1995 Another Oklahoma adviser removed; SP] wolks withregents to create policy Redl ands Community College develops policy regarding press relationship OKLAHOMA - Afteryears battlingof with school administratOrS,the problems AVMlNlS1R ATllR of censorshipconcinueatcoUeges through t"vB' L 1 (..-Ro lfl\E T "",11 oulOklahoma.The worstappear cases in OFFICE:. the"regional" univernity system, bU lhave spread intoa communitycollege and to one of Oklahoma's largest schools, the University of Oklahoola. Tales of funds being cut,stolen news �, prior review and advisers and professorslosing their jobs are con tinuing to reach the ears of the people at the Oklahoma Professional Chapter of the Society of ProfessionalJourna.tists, who areworking with the school administra IOrShelp to correct the problems. At the University or Oklaboma in J8 ___ d_-""' ..s.--· Norman, 3000 copies of the Oklahoma �_@C;.B- F after ra Daily disappeared in ebruary school adminislration told Bishop the Tahlequah forced a change of theSUJdent tensions heated up over a o u cial c l mn publication was against policy and then newspaper's editorial SlTUcture after a to editor. and letters the Members ofthe denied her tenure. board of regentsvisit anda conlroversial African-American community on cam After claims of admin istrativeconlrol articleon homosexuality. pus admitted to stealing the papers in of the student newspaper, .EastCentral This semester's fo ur section editors letters. (See NEWSPA protest of the University has developed a policy that werechosenlate last semester. Each would PER , page 28). creates a publications board to run the have shared responsibility for editorial At East Central University in Ada, a student newspaper. The board would decistions. professor not journalism has received a separatethe school , s public infonnation A controversial article, wril1Cn by the ad contract afterrenewal challenging the office fro m the newspaper. A new ad opinions editor, appeared the weeka fter minislI'alion 00 issues. Fin>t Amendment viser, who cannOt be a university em the November editor selections. Aftera MaryBishop was teftfour ure times denied p loyee, will be hired. board of regents visit, the editors were before tol her being d inearly March that The publications board would consist told theyhad to change the editorial struc on re w for the c tract would not be ne ed of nine members bothfrom collegesources ture in order to makesomeone respon next semester. Bishop worked at ' has and thearea local and willres be ponsible sible for the paper s cen(enLAll the edi East Cen tral University for nine years, for appointingan adviser. tors had to reapply and two were chosen wh ere she was recently elected to the There are a couple of items in the as managing editor. Everyone received fac ulty counsel, chosenas facultym em policy that worry Mick Hinton, local theirpositions back. reed a berof themont h and ved nomina Society ofProfess ional JournalistsFirst The paper's budget, as well as other tion for teachinge xcel e l nce. Amendment Committee chairman. He campus programs, was alsocu t in haJfat BisOOpwas reasons for toldthe hel' dis thinksthat an "independent board" will thesame time. a a and a missal included lack of doctorate allow the schoolto decreasea the mount Two of theOklahoma schoolshad I.hat mass majors. decrease in communications of funding the paper receives. Another troubles thispast year, East CenlTal Uni Bishop controversy in past raised the concern is Ihal the board will beev alu versity and Northeastern State Univer when did not shesided with studentswho ated on a yearly basis. It has also not sity,aregovemed by Ihestates , "regional" to fo r runby the want work a newspaper been established who will name mem board of regents_ an alterna administrntion. They formed bers of the board or what role the jour Paul Barby, chairman of the board of tive called Shades of Grey publication nalismprogram will have. regent's policies andprocedures c omm it printed aIld conlrOversial investigative Theboard should re in p�by this fall tee,and Sheridan McCaff ery. legal cellO The articles about !.he administration . Northeastern State University in (See OKlAHOMA . page 30) Spring )995 SPlCReport 27 Newspaper thefts driven by issues of race .-- Minority students and others confiscate copies to protest coverage Between Sept. 1, 1994, and the end of March, 23 college Indianchief. Acrording10 Vergi, tre students100 stole cqlies the of newspaper thefts had beenreported to the Student PressLaw paper,tae trem pieces into and left them presidMt'in franof!he s Center. By theend of the1994-95 academic year thatnumber office toldaftL'l' he the group thatint.erl'ere hecouldnot in thematter. may approach the 38 reported duringthe previous school year. Even though Vergi filed official complaints with several And as in the past, editors across the country are finding that campus offices, the administrationhas not made a statementin theft incidents often revolve around issues of race. support of the newspaper. "In my opinion, they've dragged Editors at the University of Oklahoma in Norman had to their feet on these issues," Vergi said. consider those issues after their paper was stolen in February. At Salem State College in Salem,Mass .• several students The campus became sharply divided when a white student took 1,500 papers from their distribution siteson campus and wrote a letter to the editor, responding to a column written a returned them to thenewspaper's officein proteStof an article week earlierby an African-American student. The columnist thatdescribed an African-AmericanS tudentAssociation�Spon wrote that, 'The United States is a social construct built to sored dance that ended with the arrestof fourstudents. Campus frame, set up and destroy the black male." police later arrested the editorwhen he told thealleged thieves A week later, the paper printed a responding letter to the to replace the removedi ssues or he would "smack thein." (See ed itor from a white male student. STUDENT, page 25.) "Whites owe nothing to the black race. We can 't change Editors at Palomar College in San Marcos,Calif. , faceda anything a particular race has previously done, whether it be theftafter membersof a Mexican-Americanstudent organiza black or white. I'm sorry, but 350 years ago is not relevant to tion allegedly stole 3,500 copies of The Te lescope's 5,000- today," the student wrote. copy press run on Nov. 4, 1994. Editor in ch ief KateNelson The next day, more than 3,000 copies of the paper's 14,500 said thatthe students stole the papers because they believed an press run were found missing. According to The Daily's article covering a rally against California's Proposition 187 advertising marketing manager, Twila Smith, members of the was biased. African-Americancommunity on campus admitted to stealing Thestory reported that the rally turned violent: one student thecopies in protest of the white student's letter. One student was hit by a car, another burneda flag , anothertried to save the wrote an anonymous letter to the newspaper staff apologizing flag from burning and was attacked by a group of students - for his role in thetheft and sent the editors $25, which he said fac tsthat were, according toNelson, the most importantin the should cover thecost of printing the amount of papershe stole. overall story. In an attempt to come to a mutual understanding, editor in Nelson said that she did not reportthe theft to campus police chief Tiffany Pape established a multicultural committee! and that the administration has not issueda statementregardi ng Idvisory board for the student ed itors. While Pape maintains the thefL :hat theeditors would have [mal sayover content, she said that Chuck Green, adviser to The Beacon at Florida Interna he 12 students serving on the committee will help editors by tional University. said that a newspaper theft occurred there ?ving alternativeper spectives. "It's more of a sounding board March 13 after a student running for student government Or us. I'd like these people to beon-call. We'll be able to can president was disqualified from the election for a forged hem up and ask them, 'Hey, what do you think about this? '" signature on his application to run for office. Thestude nt, who Paul McMasters, executive director of theFreedom Forum is black, accused the administration andstudent government of �irst Amendment Center in Nashville, Tenn., said that minor racism. :y studentssteal newspapersbecause they believe it isthe only Green said that between 400 and 600 copies of the issue lay their complaints will be heard. "It's being developed as reporting the incident were removed from dislribution sites. tactic . I think it is unfortunate that minority student groups Green said he reported theincident to campus pol ice and said 11fl outing the very mechanismth atis there to protectthem that no suspects have been named in thecase. IC First Amendment," McMasters said. Of course, thefts continue to occur that have nothing to do McMasters added that at the same time, he believes that with race. Clemson University's Terrell Johnson. editor in udent journalistscould do a better job of recruitingminority chief of the weeklystudent newspaper. The Ti ger, was stunned lff members and covering minority issues. when she discovered that 10,000 copies of the 12,OOO-copy Editors of the conservative Stanfo rd Review also experi press run had been stolen OcL 27. ced a theft due to allegations of bias, according to editor in The Tige r suffered heavierlosses than most newspaper theft ief Amman Vergi. In November 1994, membersofa Native victims: the staff spent more than $17.000 to reprinL nerican organization stole 100copies of the Stanford Uni According to Johnson, campus policeare continuing their rsity weekly newspaper in protest over a caricature of an investigation of the thefL SPlC Report Spring 1995 Other thefts reported to the SPLC include: system , bUl editorsat Shawnee State were unavailable for -University of California at Santa Barbara. Kim p E ler , comment on theo utcome of thecase. editor in chief of theDailyNexus. said that someone sto le more ·RbodeIsland College inPro vidence. John Valerio.execu Lhan200 c opies of thepaper after E pler publisheda story about tive editorof The Altchor. found approximately 100 newspa a nearby apartment complex 's foreclosure. Epler's story, pers burned in a dumpsterand saidthat a lOta1o f about2, 000 which ran Nov. I, 1994. included several pictures of the copies of their3.5 00pr essrun had beenstolen between March apartment conditions and explained that the residents were 6 and 8. being evicted before the winter holidays. Thecampus policehave found onesuspect. Epler reported the theft to campus police andsaid lhat the • MiamIUnive rsityo f Ohio. Editorsare scram bling for new administrationhas been supportive. ways to distribute thepaper after almostevery edition of The -University of Evansville, Evansville. Ind. Editors of The MiamiStudent has had at leastpart of the pressrun stolen from University Crescent noticed a disturbing trend last fail after various distnbution sites, according to adviser DennisWalsh. several issuesof their ne wspaper disappeared from the admis TheflfS t theftoccurred in theend ofJanuary. wh en the paper sions building on campus tour days . Ed Morgans, former rantwo partie ularlc y ontroversial sLOries. Sincetha1 editor theft, managing editor, said that he believes someone from the inchief Jennifer Marlc:iewic2.has receivedcalls on a near·weeldy college staff once removed about 50 newspapers but Morgans basisstudents from saying the �are missin g. Mar -kiewicz also did not report the fo und between theft to campus p0- 700 and 1,000 lice because he has �inadlmlp not noticed any fur· ster at her apart !.her problems. ment complex -MississippiUn j· I I duringthe end of versity ror Wom eo, March. Columbia. Editors Markiewicz also suspected their I J hasreported ihe administrators of theft to campus stealingc opiesof the police but the weekly newspaper. thieves havenot Several bundles of been found . She The Spectator were added that the foun d mi ss ing in adm in istration January before the has not issued a staffcould distribute s tatemen t reo them. The editors. garding the relying on what later chron ic mefts. appeared to be an -Northwest unre liable source, Nazarene Col accused un iversity lege in Nampa, administratorsof the Idaho. Molly theft, andadded that Vanity, opin- they believed that ions ed itor al their adviser, Bill Wright. was fIred because the paper ran Point Lorna Nazarene College in San Diego. reported a stories about sex ually transmitted diseases and interracial newspaper theft that occurred al North west Nazarene Col dating,ch argesthat PresidentClyda Rent dismissed asabsurd . lege. Approximately 500copies of TheCrusader w ere stolen 'University of Cincinnati in Ohio. A disgrunLied member after the paper reproduced a cover of a Playboy magazine of th eNews Re cord staffsaw another studentallegedly steal ing underneathThe Crusader masth ead. The man who alleged ly approximately 100 copies of a 13,000p ress run that included stole the papers is an alumni of the college and told a source an anti-abortion insert. Thes taff member later decided not to clo�e to Yanity that he believes ti\ePlayboy picture should nOl reveal the thiefs name and left the university . have been printed in the paper. Mediaad viser R02 Rorezdid not reportthe crime to campus Editors at TheCrusad er did not returncalls for comment. police. 'MansfieldUn iversity in Mansfield. Pa. Membersof t.he ·ShawneeState Un iversity, Portsmouth,Ohio. In a virutally Phi Kappa Theta fraternity chapter al Mansfield University unprecedented case, a member of the University Chronicle admitted to stealing approximately 1 ,200copies of the March staff admitted 10s teal ing 1,500c opies of 3,OOO-copy press run 3 edition of The Flashlight afler the paper ran an artic le to protect the identity of a friend whose sexual assault and regarding a rape thatal legedly occurred in the fra ternilY's off· ensuing suicide attempt was reponed in the paper. campus house. The staffm ember wascharged through the campus judicial (See THEFT, page 30) Sprlrlg 1995 SPLC RepOf't � Theft (ConJinued/r0l1l. page 29) According to advisee Peter Gade, the fraternity president and another student confessedthe to th eft and were and unenforceable'�;; ... chargedin a local courtwith disorder ly Hull said he lt id not uOIJ�rl>(;IIIJ conduct. They were found guilty, sen· Al len's problem with the word tenced to $25 plus court fees and the "in!cm" bocausc thai \\,ord is used judge ordered each studentto perform hundreds of limes in the Vir�;inia 18 hourso f community service by di,s. codeof law and if Allen QuestionM tribl1ting the newspapers. the word inlent, m0101 01 Virginia -North Carolina Central Univer. would nOl becnr orce,lbkt sHy in Durham.Advise r Tom Evans d mean ),ou couldn' . reportedthat a newspapertheft occurred "�f,L+""+.��:::,,,'�p drug d =":_" ""��": on that campus March 29 when ap· �X�(llPJe·1, " Hull .. proximately 2,800 copies of a 3,000- copy press run of The Campus Echo had beenstole n. Evans saidhe doesnot know whostole the papers. Thepolice are conducting an investigation andthe administration had not issued an offi cial slBtemenl regard ing the !heft "We're pretty sme thal it's notso me· one who wantedLa read a lotaf newspa pers," Evans said.• cat.ed in Goodwell, hasnot renewed the lic Information Department has devel Oklahoma comract of the newspaper adviser. Last oped a new policy aimed at restricting year,Shawn MlU'phywas removedfr om whocould release aboutinfonnation the (Conrinuedfr ompage 27) hisposition due 10 claims of financial school DonnaSpain. public informatioo sel for theregents, are working withMiele mismanagemenL According to A. D. director, maintains thatthe policy had Hinton , Society of Professional Journal SlOne, Interim Executive Vice Presi nothing10 dowith the student newspaper. isISFirst Amendment C ommittee Chair dent, Michael Kennedyhas become me She said the policy originaI1y came up man La help develop a policy for student unfonunatevictim of stalebudget cuts. after a slUdenlwrote his own press release publications atthe six schools. KelIDedysays restructuring of then ews on Redlands letterhead. McCafferey saysthat no gri evance has paperincludes moving it under theaus Acrording to Spain, the public inf 30 SPlC Report SprIng 1995 Ed. Dept. releases amended regulations New rules refer questions about op ening disciplinary records to Congress WASHINGTON D.C. - The U.S. says that itsru ling is not fmal and the Congress amended FERPA in 1992 Deparunent of Education released issue requires Congressional consider to explicitly remove campus "law en . amendedreguJati ons regan1ing !.he Fam ation In addition, the regulations de forcement unit records"f rom the defi ily Educational Rightsand Privacy Act. fine theterm "law enforcementunit " to nition of "education records," the re commonly referred to as the Buckley include those individuals responsible leaseof which could result in penalties Amendment, inJanuary. Althoughthe fOl' maintaining thesafe ty and security for theschool. The intent of the amend new regulations clear up many issues of schoolsurr oundings,which, theooE ment was togive colJege.s and universi regarding media and public access to says, includes campus security depart ties the opportunityto releaselaw en campus crime information, a major ments that do not have official law forcement unitrecords , a requirement questionstill l ingers: shoulds chool dis enforcemenlauthority. The regulations undtt many state open records laws or ciplinary recordsbe released tothe pulr also say that documents that originate voluntarycampus poliCies. lie? in a "law enforcement unit" do not The current debalere garding access Although these regu lations suggest become"education records" wh en they to student disciplinary records began that schoolsshould not releasestudent are mutually maintained with another disciplinary records, the Department department of the university. tThevarious competing interests needto be Paper losesba ttlefo r access identifiedin the ILLINOIS - "I thinkeven though Komadadid acknowledge that future legislativefo non.' we lost, we still won overall," said access cases could yield a different Sec. RicluudW. Riley Chris Seper, editor of The Daily outcome. Department oj Education Eastern News, Easlern 111inois -rbe decision was pretty much as University's student newspaper. expected,"said David Stanczak,the aftermany s wdent rnedi.aorg anizations Seperwas refe rring toa recent law atromey representinguniv the ersity. and others claimed thaI some campus suit he filed against Eastern lllinois Stanczakalso believes th attheun i officials nten o l directed crimi Universityand its board of govemors versity was not trying to withhold i ti nal y misconduct a campus disci concerning access to campus sexual any secrets, and maintains that Eru nal into plinary process, a process usually not assault reports. The court eventually wasalways looking o ut toprotect its open to the mediaor the public. Many swayed to the g,::hool's side, but not students."It wasn'ta matlerofLhem journalists believed it was a method without a stroflgfight fromSeper. trying to sweep anythingunder the usedb y schoolsto escape public scru Sepecftl edsuit in earl y Octabel'that rug," said Stanczak. tiny. while many school officials said cootested the university's refusal to "If they were not trying to hide access to such records should not release reportS documenting two on anything, why didn'tthey give us the be with "in campus sexual assaults during the information in thefirst place?" asked open in accordance theunique house"and educational nature of cam 1993-94 academic year.In addition, Seper. pus Seper requested reports concerning AlthoughSeper lost the case, he and courts. A 1993 statesupreme court decision alleged threats by a university em the newspaper did endup wilh more in Georgiasaid thatreporters should be ployee. !hen they had initially. grantedaccess to campus disciplinary TheJanuary ruling by ColesCounty "Before the decision, we were not hearings. The court said records Circuit CourtJudge PaulC. Komada given anything," he said "Now. at that relating10 "individual studentacademic denied Sepec's request, stating that leastpolice reports are givenwith the performance. financial aid, or scholas reports on sexual assault cases fall names deleted." tic probation" - not disciplinary under exemptions to the state open Seper did not appeal, saying he records - were the type of education records law involving invasion ofpri would go along with the decision. records that Congressi ntended to pro vacy.In addi tion, Komadaru1ed that a " [However1 1 disagree wilhredacting tectwith FERPA. measureWlder the law protecting con any infOtlTlation from thepolice b lot Looking for a middle ground, the fidential source disclosure alsojusti· ter. Thissets a dangerous precedentto DOE issued the January regulations fied the university's refusal to tum allow campussa:urity to decide what alleged threatsby a school employee. people seeand hear:W (See FERPA, page 32) Sp.1ng 1995 SPLC ReportJ 1 Riley wrote. "Although we think it is campuses. FERPA clear that the definition of 'education FERPA aJso touched 011 definitions (Cofllirwedfr ompage 31) records' includes student disciplinary and policies of campuspolice offlciaIs. records,it is alsothe casethat crime on The new regulationsrevisited previous regarding the enforcement of FERPA. our Nation's college campuses and in FERPAissues regarding the separation The new regulations sought to clarify our elementary and secondaryschools of "'education" and "law enforcement some of the 1992 changes in the law hasescalated since 1974 when FERPA unit" records.The re gulationsexplained and address the disciplinary records was enacted. In light of this develop that whenevera "lawenforcement unit" dilemma ment andthe ongoing public andmedia produces a record specifically for its The new FERPA regulations specify attention to the issue, we believe that own purpose. andthen gives a copy of that the Department does consider the variouscompeting interestsneed to it to a school official, tbe copy isCOIl school "disciplinary records" as "edu beiden tifiedand balanced in thelegis� sideredan "educationrecord" only if it cation records." Theregu lations state, lative fo rum.'" is "maintained" solely by _ the-school "alldisciplinary records, includingthose The new regulatior.s makeclear how offic ial, and not. the law enforcement relatedto non-academic or crim.ioalmis ever, thatFERP A onlyapplies to disci unit. Simply passing on a copy of the conduct by students, are 'educational plinary records - not the disciplinary law enforcementrecord toschool offi records'sub jectto FERPA . " The regu proceedings cials does not make it subject to lations do concede, however. that them� FERPA's restrictioos. "[tJhe Congress may find thatp ublic "The original docwnent created and access to disciplinary records con maintainedby the lawenf orcementunit cerning criminal and other non-aca is not an • education record' and does demic misconduct is anap propriatere not become an 'educatioorecord ' be sponse to the problem of maintaining cause it was shared withcom- another safe college campuses, and the Secre ponentofthe institution." TIlerefore, tary [of Education) hasoffered to work campus police or security officials wi!.h Congress in writing an appropri cannOl deny access lD crime re- ate amendment to FERPA." !)OIlS simply because they funnel In a leuer written by DOE Secretary thereports toschool offic ials wi th Richard W. Riley to Sen. Nancy plans for diSCiplinary action. Kassebaum (R-Kansas), the chairper TheDeparunem aIso feredof a son for the Committee on Labor and definition of "law enforcement Human Resources, Riley tried to ex. uniL" Most importantly theregu plainthe re asoningbehind the new regu !clves. lations StaLe that, ." law enforce- lations. "The Department sought addi ''FERPA ment Wlit' Wider FERPA includes tional public comment on the issue ... doesnot. prevent a unit of commissioned police of because important and sensitive con an institution from open ficers or non...commissioned secu cerns were raised about both campus ing disciplinarypr oceedingsto the rity guards." Under this terminol- crime and students' need for privacy public," the regulations state. "Rather, ogy, even institutions that have secu and accessto record s inthe educati onal FERPA prevents the non-consensual rity officers withoutofficial police au process." disclosure of' education recordsf or per thority are considered "law enforce The letter continued, "A majority of sonally identifIableinf onnation unless ment units" and therefore cannol use the comments ... werefrom officials of the disclosure meetsone or more of the FERPA as an excuse for denying ac postsecondary institutions. Most of statutory conditions fo r non -<:onsensual cess to earnpus crime information.The theseofficials e xpressed the beliefthat disclosure." revision also considers "law enforce to allow therelease of students'disci Under FERPA, "education records" ment unit(s)" to be "!.hose individuals plinary records to the public without cannot be released to any "individual, or parts of the institution responsible consent would compromise what they ageocy, or organization," withoutstu for maintaining the safety and security believe to be the fundamental educa dent or parentalconsent except for eight of school surroundings and for enforc tional mission of the campus judicial exemptions,or statutOryconditi ons. The ing laws against individuals and orga process ...... regul at ions noted that "several nizationswithin the schoolcommun1[y " A su bstantialmi narity however,, dis commemers" showed inLerest in not and not those responsible foe the agreed and argu ed that postsecondary listing the diSCiplinary records as "edu institution'own s compliancewith vari " institutions haveused FERP toA evade cation records," because they fe lt, as ous law s." Further,under thenew regu effo rts by the public to gain access to parents,"they would like tobe aware of lAtions. records"created and maintained " information aboutcrime o n campuses, number of sexual assaults on college (S ee FERrA, page 33) 32 SPLC Report Spring 1995 Court case continues; editorsuspended fo r Internetuse Ruling could open community college security records to public scrutiny PENNSYLV ANlA - Fer the last four years, the Community Meanwhile,the CommonwealthCourt of Penns ylvaniaover College of Philadelphia (CCP) has been embal1led in a long and turneda previous decisionmade in Ihe Common Pleas Coonof tumultoous lawru.it involving access tocampus security records. Philadelphia and ruled in favor of the StudenJ Vanguard in Now, as if10 add to the cdrama, the wrent editor of thecollege's December. The Commonwealth Court said that community studentoe� was suspended and reinstated all in a moolh's colleges are "agencies" subjcct to theSlate open records law , a time. decision that could open up the community coUege security Michael Moffa.theeditor in chi ef of theStudenJ Van guard.was records topublk inspection . suspendedf or approximately18 daysin February. He was accused CCP askedCommonwealth the Court to reoo osiderits decisioo in ofunau thorizeduse of college property fer personal and rocial ends thecase, and thedenied court the Rec..cntJy.requesL the school asJced by R.Wayne Brnnch, the presidentvice ofstudent affairs at CCP, thestate supremecomt forpennission toappeal decisioo the of the after hesurfed the Internet Uxlking foccontacts fora story about CommonwealthCourt. Joseph Sullivan, ananomey �ring the closeted homosexualswho findsex partnersover the Internet. students.said college's the request10 appealraised same the issues Moffa maintained that the Vanguardadvisers supported his addressedCommoowea1th inthe Court,the andthat former editors Internetuse, and he was reinstatedFebruary 27 by Branch. of the Vanguardwill accorespond rdingly.• openingdisciplinary hearings 10 the public pleases McKerral. FERPA ''Tom e , that is a pretty significantpoint for the Departmentto make," said McKerraJ.c M Kerra1 said that opening judiciary (ConJ;n�dfrompage 32) hearings will be"emphasized" by theSPJ. especiaHy tocampus by a law enforcement unit are considered law enforcemen t officials. McKerral believes that opening the campus court unit records, even where those records were crea.Led f or dual hearings wooIdbeoefiteveryone in vol ved, preventand undeserved purposes (e.g., for both law enforcement and disciplinary pur "railroading'"' of student ofTendersby schoolofficiaJs. poses).... "Why should [students] be treated dif ferent and not have Gordon McKerral, chainnan of the Society of Professional thatprocess subjected [0 publi c opinion, whether the students Journalists NationalTask: Force on Campus Courtssaid that the are g uilty or unjustly accused," questioned McKerral. regulations leave something 10 be desired. As of late April, no action had been taken by Congress to "I suppose I'm a liuJe disappointed," said McKerral , who is revise the regulations. As long as it takes, McKerral hopes also an assistantprofessor of jownalism and a student publica that the Congressional revisions allow more public access. tions adviser at Troy StateUniversity. "It tOOk thema long lime "There is an inconsistency in the way crime is being dealt tosay 'there is a problem andwe wiU let Congressdeal with it '" with on campus and off, and that shouldn't be. Crime is The fact thal the regulations do not prohibit schools from crime.'" Spring 1995 SPLC Report 33 a hierarchy A Dallas Morning News reporter exposes Tex as A&M officials' illegal activity throu gh open records requests TEXAS -WhalSlarted in 1991as 12 LOp officials in the A&M WLiversily tohelp the pubUc. "We wereable a two-yearinvesligation i'mo Slate sysu:rn - includingLhe chairman of !he to rearrange Ihe adm inistration of agencies' compliance wilh abc board of rcgcnLS- fac ing charges of Texas A&M," Swind.le said. T us Opcn Records ACL ended in tampering wiLh public records, offlCiall Talley 's assignment to A&M 1994 with a restructuring of abe misConduct and illegally soliciting ltips cameas arcs ula of an investigation ad minisll"ation or aneTe xasA&M from an A&M-coottacte 34 SPlC Report SprIng 1995 Anitnalrights groups win access to records OHIO, WASHINGTON - Two staLe supreme comts ruled in late1994 that public universi· ties in Ohio and Washington must release infonnation cov ered by state open records laws pertaining to state·paid animal researchsc ientists. 1lledecisions, Thomasv. OhioState University, 643 N. E. 2d126 (Ohio 1994)and Progressive Animal Welfare So cietyv. Universityof Washington, 884 P. 2d 592 (Wash. 1994) - which wererendered independent of eachother - gaveanimal rights groups in Ohio access to names and addresses of the animal re searchscientists at OSU andgave PAWS accesspublic (0 grant pr0- posals approved for animal re searchat UW. Aftermonths of accommodat· ing Ohio StateUniversity's spo radicawarding ofpublic dcc umenlS,s/ow animalresearch scientists. eltperiment that would separate new· response times and blatant refusal to re "Whilethere is a concern thatcrimi born rhesusmonkeys from their moth lease public information pertaining to nal conduct might result from the re ers at birth and keep them in isolation animalresearch scientists, animal rights lease of names and work: addresses of for up too ne year,watching to seeif the attorney Shawn Thomas took OSU to animal researchscientists . .. the answer monkey's deprivation of care would court, challenging the institlltion to re is that 'criminalconduct s hould bepun lead to self-mutilation. The project's , leasethe namesand business addresses ishedb y criminal sanctions, .. the court stated aim was to help humans who of state-paid OSU scientificanimal re· said. exhibit self.jnjurious behavior. searchers. In 1991, members of Washington's Using the state's open records law, In late December.the Ohio Supreme Progressive Animal Welfare Sodely PAW S requesteda copyof theunfunded Court ruled in Thomas's favor in spite (PAWS) became concerned when they grantproposal. Thestate supreme court of the university's arguments that it heard that a University of Washington affmnedthe trial court decision allow feared for the personal safety of the Animal Care committeep a proved an ing access._ Hawaii police up the fight to keep records closed HAW All - After battling both local and campus police not be a pan of the public record. deparunents for more than a year, students atthe University "Thepolice have launched a massive effortw itb money and of Hawaii at Manoa might have to take up arms again when people. Theyeven have a video [which predicts1 what would the Hawaii state legislature opens for business this fall. Last happen if police disciplinary records were released. They October, the Hawaii Supreme Court refused to rule on the have[scenes depicting] thepoJicemen' schildren being abused reJease of police disciplinaryrecords sought by the school's at school," Ponnoy said. chapter of the Society of Professional Journalists, allowing According to Portnoy , the policeand their supporters have thepolice time to lobby thestate legislature tor evisethe open won the support of several state senate and state house records law. committees, and Portnoy says that the success of lhe biII in And lobby they have. According toJeffPortIloy, auomey commiuee is not a good sign for the sllIdents. for the students, the police have launched a rugh-scale, "Ifit passes. it will exempt the police from public discla. highly-fundedcampaign on the state legislalW'ein an attempt sure (of disciplinary records]. unless they are tenninated," 1.0ex plain to legislatorswhy policediscplinary recordsshould Portnoy said. _ Spnng 1995 SPlC Repott 35 ��==���======Michigan may close presidential searches MlCIUGAN- In respcnseroaMichi gan Schwartz's bill came on the heelsof a dismis.sedjob fromhis atFSU but 1hatUc.k StareUniversity �sean:h�year jnSidential�gcreawrylastyearwhen would not:have lost job his had the debate withone candidate IaMg his jobandsevetal adminsisttators at Michigan StaleUniver ''notgme out theon ..wires. He added that othersdropping out ofm:e, the bfe sena.ta sity inviled Dale Lick, then-� of Michigan wouJd be able10 aI1r8Ct quality John SchwartZ inttOOucedFeb. abill 1 that Acrida Stale University, to interview fa" applicarusfmn 0Ihcr institulioos iflbestale would exempt university presidential MSU IYCSident. BreuBreen. Schwartz's oouId� cm6deotia1i1yto �lial searches fromcertainportioosof the stale execuriveassistant,w� saiddlatLick elimi can1ida1es. � med:ings act.. ruucdas a � when the uncovJX't'S'l But Dawn Phillips,general counge{for The bill callsfer confidential searches ered !OO'Ie rncially insensitive canrnents theMichiganPressAs;triarion,saidtbat1he lDlI:i.l�tioocoounitleeshavechosenthree that he whilehad made serving � �l open seb:tioo process�thestale finali5ts,names wOOse would then become of theUniversity of Maine. fromhiring c:andidaIes likeUck. "Theopen public. Breen said thatLick was subsequenlly JWIXCSScaught a himin lie, n she• said. Oregon revises public records law OREGON -After watchingschool The law now indicates that this in officials randomly interpret it, the formation can be considaed direc Oregon legislaturepassed an amend tory information andcan be released ment to the controversial student with parental consent. education records law in mid Gail Ryder, director of govern March. The new law allows the ment relations thefor Oregon News release - with parental con sent paper Publishers Association, said - of the addresses, telephone that the revisions of the law were numbers and photographs of stu drafted to make the law clearer to dents under age 18. school officials who were respond State Superinl endent of Public In ing in an unreasonable way. "You structionNonna Paulus proposedthe still have (0 have permission. But amendment that deleteda provision what was happening here Wa Videotape declared student record FLORIDA- A state COtDt of appeals ered as partof a student's record,.. exempt uphelda trialcourt' s rulingthat a schoolbus frooldisck:sJreundetFk>rida' sopenrecorti> videocapeofagun-totingjuniarhigh� law. Studentf(h�atioo can rw:rds only be isconsidered an cdtx:ational record,elimi releasedwith paremal a::>nsent. natingpublic access 10thetape. WFLA-1VChannel represented 8, by The case, originally brought to the attorney GreggThomas, had arguedthat Florida COWlS in April 1994by a Tampa a student's right to privacy does notin television station in Tamp a Television. cluderecords reve3ling criminalconduct Inc. v. School Board of Hillsborough and that the videotape is not an educa Co unty,No. CIV - 94 - 01777 (Fla. Dist tionalrecord.. student The in question was Ct App., 2ndDist. Feb. 17, 1995); 1995 riding homefrom school on thebus whe n WL 62900, was decided Feb. 17. The hegot into a fightwith other students and appellate. judges said that "these record pointedgun a at them. ingscould be utilized toproduce ' verified Judge 1. Parker wrote a separateopin reports of serious or recurrent behavior ion that saidschool officials would have paUemS.• which (FIoridaSl:atllleSl 1inc udes to maintain tapethe as a record and pr0- in its listof mat.eri.alswhich may beconsid- vide it to parents when requested.• 36 SPlC Report Spring 1995 Judge rules infavor of school district, yearbook company in 'slut' case TEXAS - A libel case that. started in ous and 1990and hascharacterized been by law sought yers as the Energize.- rabbit oflawsuits $6OO,(X() in was ftnallydecided December. last damagesfoc ·' A Texas district cooo ruled that shame.em· McAllen SchooHigh l's yearbook notdid banawnent, libela former high school student The humiliarioo, high school and theyearbook publishing ridicule, company,Newsfoto Yearbooks, hadbeen menial pain sued aftera yearbook. staffmember had and inserted theword "slut" under thegirl's anquish." picrure in theyearbook. The After theprinting of thebook but be· school dis fore it was disttibuted, the publisher tricund� produced an exira page to cover the lishingcom - page with Jennifer Duran's picture on JXU1Y denied it. No one, other lhan the yearbook mat Duran staff, saw the original page and stu had suffered dents who tried to tear off the affixed aninjury� page would have destroyed the page cause they underneath. had taken Despite theeffort to correctthe mat corrective measures with the adhesive yearbook company's motion of sum ler, Duran and her parents sued claim labels. mary judgment. and Duran did not ap ing that the characterization was libel- The court granted the school ' s and peal the decision.• NNA offers reduced California April Fool's case membership rates settled without-of-court pa yment to college newspapers become CALIFORNIA-Nearly foury ears calls and communitycomments after CoUege newspapers can now after an article appeared in his high thearticle was published. members of theNational Newspaper As school newspaper and three years Neither party would releasedetails sociationatain reduction dues rateswhi.lp afterhe medsuit in RiversideCounty of the selllemenL, which was an receiving libelcoverage at special mem SuperiorCourt. ChristopherZerchot nounced inJanuary, although a staff berrates. and the Lake Elsinore High School member at the office for Zerchot's DailyoewSJlilPCl'Swill pay $300 a year for Districtin California havereached a auorney said that there was no ad membelship, while wecldicsand other non settlemenL mission of guilt and there was a fi dailiesare eligible foc a $200 perrate. year The article, which appeared in the nancial payment, although not from For libel insurance, daiJy newspapers 1991 April Fool's issue of the Tiger the school district. thatare NNA members will becharged a Times,was tit1ed" Dannyand Chris coo Scott Olpin lost hisjob as newspa premium of$I,5OOaycarand wi l l receive sen Coopleof the Mooth" andZerchot peradviser aflee controvecsythe around extrabenefits, including access to alibel claimedimplied it that: two the wrestling this issue. He was reassigned to the hoUine for$150a year.Newspapers who district office but since left ICafTlll1ateshoolos!xua1s.. were has thai. sign up forthe hollioereceivea lOpercent Zerchotfiled !.helibel claim alleg position. The April Fool's issue also credit towards their libel premiums. ing "loss of his reputation, shame, prompted a district policy that each Studentpublicarionsintcrested in NN A mortification and hurt feelings." He issue bereviewed by the adviser and membership should contact Tom Base, saidthat he received harassingphone an administratorbefore publication" mem bershipdircctor• at(800)829 -4662. ==�======�------ SpOng 1995 SPLC Report 37 TheStudent Press Law Centergratefully acicJlOwledges the generous support of !.hefo llowing institutions andindividuals withoutwhose support defending the free pressrights of studentjournalists would bea far more diffICulttask. a As not-for ANew profit organization. the SPLC isentirely dependent on donations from those who are committed to its wOtt: . All contribu tions are tax- (Contributions from Nov. 14, 1994.to April 21, 1995) Resource On Beneractors (Morethan $500) Associated Collegiate Press Chicago Tribune Foundation College Media Advisers Student Iowa High School Press Association Journalism Education Association JournalismASSlJCiatioo ofOhioSchools Press Law Kansas Assoc iatedCollegiate Press National ScholasticPress Association John Seigenthaler (1N) Supporters ($100-499) Is Now Available. Marc Abrams (OR) David L. Adams (IN) Nineteen chaptersof info nnalio[1about pr ess freedom, Ubel,privacy Karen Bosley (NJ) invasion, copyrigh confidential sources, adviser's rights,open records Dorothy Bowles (1N) 1a\lt'S advertising acceplahilil}' and mucb more. The Daily Tar Heel (NC) For yo ur copy send 15 ($12.50 plus $2.50 shipping) 10 theStudent Nicholas Ferentinos (CA) Tom Eveslage (PA) Press Law Center. (V"trginiaresiden lS send $15.68to include saJes LaX.) 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Robert Button (VA) copyrightlaw andadverti sing concerns. TheDevil's AdvocOie. Hinsdale Central $2 per copy. H.S . (lL) Drawings, cartoons and John Fridich (AL) Ac�s.s to Campus Crime Reports news tips are welcome and needed Bob Greenman (NY) second edition by theReporl staff. Help US infonn the Charles Haas (NJ) A 22-page booklet that describes how student journalism community by David Keene (V A) you canuse stateand federal laws to get contributingyour skillsand inform ation. Robert Lystad (MO) infonnation about crime on a college · Write or call us at: Doroth y McPhillips ry.tA) campus. Includesasampleopen records Student Press Law Center The Oldahoma Daily, University of req uest lelterand a listing of citations to 1101 Wilson Blvd., Suite191 0 0kJ.ah0ma state open records laws. Arlington, VA 222()9 RobertTrager (CO) $2 per copy. Edson WhippJe (OH) (703) 807�1904 38 SPLC Report Spring 1995 _ press law� t rep-Q!Nol Take a whack at censorship Your subscription supports the work of the Student Press Law Center. TheStudenLPress LawCenter is the only national organi Please enter my subscription to tbe SPLC Report zation devoted exclusively to protecting the First Amendment 01 yearforS15 rights of high school and college journalists. Along with this blank I have enclosed a check, money order or The Center servesas a national legal aidagency providing signed purchase orderpayable to: legal assistanceand information to srudeotsand faculty advis Student Press Law Center ers experiencing censorship or other legal problems. 1101 Wilson Blvd., Suite 1910 Three times a year (Winter. Spring and Fall), the Center Arlington, VA 22209 publishes Illis magazine, h t e Report, summarizing current cases, legislation and controversies involving student press N ame ______rights. In addition, llleReport explainsand anal}'7'.(!s lhe legal Title or n positio ______issues that most often confront student journalists. Defending your rights iso't cheap. Subscription dolJa.rs Admess ______form a largepart of our budget. Your subscription and contribution wil l help us continue to serve as the national advocate for the rights of S llldent journalists. All contributions are tax·deductible. o I wish to suppon the work of the Student Press Law All orders must beaccompan jedby a check., money order Center with a tax-deductible contribution in the following or signed schoolpur chase order. amount: ______If you have a legal question or problem relating to your rightsas astudent journalistor faculty adviser, call theSlll dcnt TotaJ _ enc losed: ______Press Law Center at (703) 807-1904. Sp<)ng 1995 SPLC Report 39 An American Tradition Since19 74, the Student Press L1w Center hasbe en Ihe only organization devoled to defending your rree priessrights and helping you learn aboutthe law. When you have a Questionsabou t YOUI legal righls as·a sludentjomnatisl or media adviser, (allo r writeus. Takea stand andjoin in our effortto makeslu dent press freedoman American tradition. STUDENT PRESS LAW CENTER Non-proftt Org. 1101 Wilson Blvd., Suite 1910 u.s. P'ostage Paid Arlington, VA 22209 Washington. DC (703) 807� 1904 PennH No. 4702 e-mail: [email protected] ATTENTION: STUDENT MEDIA ;v1Ie.TN Paul McMo$lefS Newspaper theftscon linue ...... 28 George Curry Socl9ty?l��Joum:Att Virginia governor vetoes anti-theft law ...... 30 'EmeAI� AIIIrOton.VA CAMPUS CRIME �;VA CondacePerkins Belt! DIckey Joumollsm EducoIlon A'lOdelion New FERPA regs. released ...... _ ...... 31 South&m • John HiattMofthoII School htenchoIaIIlc "' . .. AssocIotIoo VIenna,VA Ill. studentpaper loses crimerecords suit...... 31 .lIn/vet!�CCIfOIr>a ofSouth �olnlckl Tom Editorpunished while court action continues. . . . 33 CoUrbb.SC NationalPr_ Scholostlc Dr. Tom Ev.sIag. ASi:IdotIonJAIioclcrted Coll9glcle ACCESS Large Pfeil AI Of 'Terrpiet.k1�My 'Unlv&iJIty M�to Dallas Morning News exposesA&M ...... 34 PhIIodelphia,PA Mirn&opolll, MN Hawaiipol ice fight to close · rcls...... 35 John Garcia Halen F. Smith Schololtlc Pre. Colu'nblo ...... At lCIfge A� Auoc4crIlon Animalrights groups wincases ...... 35 'N8'.oiVorl< U� '�on Norttl HIgh School Videodeclared education record in Fla...... 36 N9wYolk. NY New1omAIe. MA . . Mark Goodman, Esq. Edmund J. Sullivan Mich. bill may close.presidential searches ...... 36 Studen1LowC.nt Pr&. .. ColumbiaScho!osflc: Ky. student denied open hearing...... 36 AlinQlon.VA P,.... Associcflon Nancy L Green 'ColumbialJoIIo'& 1liiy Ore. law clarifies public inronnalion ...... 36 At lOlge �VOl1t. NY 'CIa,ItonSlat. College RobertTrager, Esq, LIBEL McJnoow,GA AI Lorge T 1006' 8< RowIcnd High school.yearbook co. win libel suiL ...... 37 • U..welll!vof CoiolOdo 8ould&r.CO April Fool's case settles ...... , ...... 37 NNA ffers discount ...... • OrjJonirolloN10' pupoteo 0/ Id&nttloaliQn o� o 37 Champion of Student�Awards p�nUrltoadvoca�bySPLC Arkansas