INSIDE: Editors at college papers find themselves in the eyes of very public storms, Page 4 Student Press Law Center EPORT R Winter 2007-08 VOL. XXIX, NO. 1 Two decades later January marks a generation since the Supreme Court curtailed the rights of high school journalists, Page 19 ALSO INSIDE: Federal shield law makes progress, but might not protect student reporters, Page 11 AND: Oklahoma State paper cuts off Web counterpart in dispute over editor’s authority, Page 30 Student Press Law Center EPORT INSIDE Winter 2007-08 VOL. XXIX, NO. 1 COLLEGE CENSORSHIP R Editors in Conn., Colo. face public outrage���������4 PUBLICATIONS FELLOW: Michael Beder College censorship in brief����������������������������������������������6 REPORTERS: Moriah Balingit, Maggie Beckwith, Casey Wooten Newspaper theft in brief�������������������������������������������������8 CONTRIBUTOR: Mike Hiestand COVER ART: Jack Dickason SENIOR CONTRIBUTING ARTIST: CONFIDENTIALITY Melissa Malisia ([email protected]) Officials search newsroom at W. Oregon���������������9 CONTRIBUTING ARTISTS: Hope Donovan (jetcake@gmail. com), Michelle Feng, Bob Gandy ([email protected]), danny Federal shield bill might not protect students �� 11 phantOM (www.myspace.com/nftp) HIGH SCHOOL CENSORSHIP The Student Press Law Center Report (ISSN 0160-3825), Tackling race can be a tricky task ������������������������12 published three times each year by the Student Press Law Center, Jena Six coverage triggers censorship �����������������15 summarizes current cases and controversies involving the rights of the student press. The SPLC Report is researched, written and Judge rules for students in modern Tinker ������16 produced by journalism interns and SPLC staff. High school censorship in brief���������������������������������� 17 The Student Press Law Center Report, Vol. XXIX, No. 1, Winter 2007-08, is published by the Student Press Law Center Inc., 1101 Wilson Boulevard, Suite 1100, Arlington, VA 22209- COVER STORY: Twenty years of Hazelwood 2275, (703) 807-1904. Copyright © 2007 Student Press Law A decision’s aftermath, then and now ���������� 19 Center. All rights reserved. Yearly subscriptions to the SPLC Report are $15. Contributions are tax-deductible. A membership Calif. law kept ruling from taking hold������ 21 form appears on page 39. Principals turn down power to censor��������� 26 CAMPUS CRIME Schools go high-tech to give ‘timely warning’ ��� 28 LEGAL CONSULTANT/ INTERNET INTERIM EXECUTIVE DIRECTOR: Mike Hiestand �������� 30 ATTORNEY ADVOCATE: Adam Goldstein Print, Web editions spar over EIC’s power OFFICE MANAGER: Sam Wilder, Sunjha Hattin Internet in brief������������������������������������������������������������ 31 LEGAL ANALYSIS CORPORATE BOARD OF DIRECTORS SPLC Guide: Javier J. Aldape l Hoy, Los Angeles, Calif. Navigating Hazelwood���������������������������������������������� 32 A.J. Bauer l Patriot Ledger, Quincy, Mass. Jerry Ceppos l Santa Clara University, Santa Clara, Calif. Shawn Chen l Associated Press, Washington, D.C. LIBEL Virginia Edwards l Education Week, Bethesda, Md. Libel in brief����������������������������������������������������������������� 37 Angela Filo l Eastside College Preparatory School, East Palo Alto, Calif. Robert Garcia l ABC News Radio, New York, N.Y. Richard Goehler, Esq. l Frost Brown Todd LLC, Cincinnati, Ohio Mark Goodman, Esq. l Student Press Law Center, Arlington, Va. CLARIFICATION Kathleen Kirby, Esq. l Wiley Rein & Fielding LLP, Washington, D.C. Tonda Rush, Esq. l American PressWorks Inc., Arlington, Va. — The story “Students, adviser reach agreements with college,” Rosalind Stark l Radio and Television News Directors Foundation (retired), in the Fall 2007 SPLC Report, should have noted that the Reston, Va. student paper at Ocean County College did receive the right to Mark Stodder l Dolan Media, Minneapolis, Minn. choose its own Web site as part of its settlement with the school. l Mark Witherspoon Iowa State University, Ames, Iowa The SPLC regrets the omission. Organizations for purposes of identification only A MESSAGE FROM THE SPLC REPORT STAFF A farewell … s many Report readers know, at the ing its goals. All the national, regional and Michael Beder, McCormick Tribune Foun- end of 2007 I am leaving the Stu- state scholastic and collegiate press organi- dation Publications Fellow, graduated from dent Press Law Center to become the zations that allowed us to present at their Northwestern University’s Medill AKnight Chair in Scholastic Journalism in conferences or distributed our materials School of Journalism in June the School of Journal- helped our cause. And every attorney who 2007. He worked for four years ism and Mass Com- agreed to provide pro bono representation to at the student newspaper, The munication at Kent a student journalist in need did so, too. I Daily Northwestern, where he State University. After owe them my thanks. served in a variety of roles, in- 22 years as executive Of course, it is only because of our cluding as news editor, Forum editor and man- director, I can say what Photo courtesy of Mark Goodman funders — the foundations, corporations aging editor. He interned as a reporter and a wonderful experience and individuals — that the SPLC exists and Web producer at the St. Louis Post-Dispatch, this has been. thrives today. There is no organization that and he was a Dow Jones Newspaper Fund As the students and does a better job of stretching your dollars to copy editing intern at the St. Paul Pioneer advisers we assist know, Mark Goodman have the greatest impact. I hope that all Re- Press in Minnesota. no work is more satisfying than defend- port readers, like me, will continue to make Moriah Balingit, fall 2007 Louis Ingelhart Jour- ing the First Amendment. Helping young the SPLC part of your annual giving to allow nalism Intern, will graduate this term from the Americans understand, appreciate and prac- this work to continue for many more years. University of Oregon with a bach- tice press freedom has been the SPLC’s mis- And finally, I have to thank the people elor of science in journalism. sion since 1974. And while I may have been who inspired me every day of these last 22 She has worked for her college the face and name most often associated with years: the student journalists and advisers newspaper, the nationally rec- that mission, our dedicated, hard-working from coast to coast who are on the front ognized Oregon Daily Emerald, staff, interns and board of directors are what lines of fighting to ensure that all voices are covering the university’s admin- make our work succeed. I thank them all for heard. I know the future of this nation, and istration, higher education policy and issues their enthusiasm and support. of the First Amendment, is in good hands. of diversity on campus. She has also interned Beyond those on the inside, many oth- at The Sacramento Bee, The Oregonian and ers have been crucial to the Center achiev- — Mark Goodman, Executive Director The Spokesman-Review. She covered Internet issues, libel, confidentiality and privacy for the Report. … and a new beginning Maggie Beckwith, fall 2007 Scripps-Howard rank Daniel LoMonte will be the Stu- sought,” said Rosalind Foundation Journalism Intern, graduated in dent Press Law Center’s next executive Stark, board chair. May from Syracuse University director, officially joining the SPLC Since early 2005, with a dual degree in newspaper Fon Jan. 2, 2008. Currently he is an associ- LoMonte has been a journalism and history. While at ate attorney with Sutherland Asbill & Bren- member of the SPLC’s Photo courtesy of Frank LoMonte SU, she regularly contributed nan LLP, Atlanta, where he has had a diverse Attorney Referral to the student newspaper, The commercial practice focusing on energy and Network. He also is a Daily Orange, and spent a se- telecommunications litigation. member of the State mester as a copy editor. She interned at The Prior to joining that firm in 2003, Lo- Bar of Georgia and Frank Daniel LoMonte Post-Standard and wrote for community news- Monte was a law clerk at the 11th U.S. holds memberships on the state legal com- papers in Central New York and Northeast Circuit Court of Appeals and for the U.S. mittee of the ACLU of Georgia, Georgia Ohio. Maggie covered high school censorship District Court for the Northern District of First Amendment Foundation, American for the Report. Georgia. LoMonte also has more than 12 Constitution Society and the American Bar years experience as a journalist, including Association. He also is an active volunteer Casey Wooten, fall 2007 Scripps Howard serving two years as a state capitol reporter with the Atlanta Bar Asylum Project and Foundation Journalism Intern, graduated from for the Florida Times-Union, nine years as Atlanta Legal Aid. the University of Houston in May bureau chief for the Morris News Service in “I am tremendously honored and excit- 2007, where he double-majored in journalism and political sci- Atlanta, and two years as Washington cor- ed to be succeeding Mark Goodman, who is ence. While in college, Wooten respondent for Morris. rightfully one of the most respected voices worked at The Daily Cougar as “The board of directors of the SPLC in media law in this country,” LoMonte a copy editor, senior staff writer enthusiastically welcomes Frank LoMonte said. “Mark has established SPLC as a lead- and finally as the opinion editor. Over the sum- to the organization. His strong credentials ing voice against censorship and in favor mer of 2007, Wooten was the editorial intern — both legal and journalistic — made him a of open government, and I intend to work at the Houston Business Journal. He covered compelling candidate to lead the SPLC, and with SPLC’s friends in law, education, and college censorship for the Report. his passion for our cause impressed us as just the media to bring SPLC’s message and ser- the right combination of qualifications we vices to an even wider audience.” WINTER 2007-08 WWW.splc.org • splc report 3 COLLEGE CENSORSHIP Editors under fire By Casey Wooten magine you are editor in chief of your college newspaper.