Spring 1991 Vol. XII, NO.2
c.- '\
Editor KOs Crime Cover-up CO-EDITORS Ganlenne Mongno Amy Thcher CO NTENTS CAMPUS CRIME WRITERS Tom Breeden Damian Marhefka Federal court opens crime reports ...... 4
Arkansasjudge follows suit ...... 4
SPLC survey poses problems ...... 5 COVER ART Federal bill may hamper disclosure ...... 8 Jack Dickason States pushing for crime statistics bills ...... 10 ART Harvard student drafts crime bill...... 11 Ed Barlow Kay Engelmann Stephen Roun tree W. Va. system to enact disclosurepolicy ...... 11 Andrew Bates Mark �eollng AnthonySansone Ben Burgraft Btyn Hendrickson Ellen Stern Essen Daley Charles Murray Ed Taylor LEGAL ANALYSIS JennifElf Nelson Summary of Bauerv. Kincaid decision ...... 13 Student Press Low CenterReport SJwl.tnc P,_ La., c...... R� (ISSNOt�. �bl"".d 'bl'M _ ta(b LEGISLATION ,-earbr tt.R SCu4eal Prt. La_ Ce:DlU', ,u.tQ.. rt ... tUTr,ai c:&JiH aDd eoauO'JlltnlU 111..,101.1 0.. 'Ia�"ofu..lIIud""C 1"- TboSI'LCSI.,rllo �rdI Court findscoach not public figure ...... 19 Executive Director AdministratIve Assistant Lawstudent drops suit over misquote ...... 20 Man< Goodman Carolyn Dasher Teacher loses $1 million libel claim ...... 21 Corporate Boord ot Directors CENSORSHIP J. Marc Ab/ams, E'sq. $haIrY Hakllk AI La . o;j AI La� Principal stops press to cutstory ...... 22 • Boglea Got... 'No/!h PlaWl&ldHigh School Portlcnd. OO NoOhPtaWI9Id. N.J Stations broadcas t free-speech maralhon ...... 22 Adams Dr. David l. Or. Loul' E. Ingelhart Free speech law thwarts discipline effon ...... 23 At lao;je Emerllul 'tndiono Unillelll!y • Bo1I SIal. lkWer>lty CoUege press fee ls Hazelwood effects ...... 23 Bloomington. IN Muncie. IN Reporter hand s notes over to police ...... 24 Mal)' Arnold RIc hard Johns Al lo/IJ& Qull ond ScroH Society Principal shuts down student paper ...... 25 'Iowo HIQ"SchoOl Pre. AssocI::Jtlon 'UrWel$iIyof 10"-0 Iowa City. LA Iowa City. LA Kale n Bosley Jane E. Kirtley. Esq. ADMI NISTRATION At lmg. �port"l$ Commirf"fo, 'Oceot\ County CoII"O. fr...oom 011..... Pre .. Administrator apologizes [or Ihreat...... 26 'oms .. Iliv ,. "lJ WOl hiI'oQIO(t DC Princ ipal backs students amidst opposi lion ...... 26 John Bowen Or. lillian Lodge Schooldrops claim against students...... 27 JoumoJiom A.. "ciotlon !Copenhaver 01 Ohio Sc hoots AI Latge Dean admitse rror ...... 28 • Lo�.....-ood HtghSchool 'FIorido nletnCJ1iona1UnW&My lakewood. OH ...... Non h /vfioml. H Law gradualCs consider suing school . . 29 01. Dorothy Bow�s lesley Marcello District students' ...... Asoociotion10 r Edl.lCOflon supportS edi torial choice . 29 collegeMe&:l A(Moe .. In JOLmOiIIm and • Mau C oml'f1lrllcolk>n Nlcho4ls Stol.. UrMlllly IhtbodoUIC.lA • UnIw>,,1tyor T.. nn&S&&& STUDENT PRESS AND THE WA R Knoo.viIe. TN Philip �obbln' George Curry Society01 ProieWOnai JoomoJal. Reporterarrested at rally ...... 30 'Geo'ge Woshlngfo" UrweI$IIy AI Latge War parody incites campus ...... 31 'Chlcago Trb..ne WosNnolon. DC cartoon ws ...... 32 NewYoIII,N( Tom �olnlckl Political dra fIre . . . Beth Dickey Nottonol Scl\olctstkP'Ma SOut..... m Inte,scholOttlc; Pr.... A ..ociotionl Auocia!ed Colleglale P,.. " ADVERTISING A¥OClolion ·Unlv.... 011ty South COI'otlna • Unlve,,1Iy 01 Minnesola Mln ....opo ... MN Alcohol. tobacco ad bans called unfa ir ...... 33 Columboa. SC Dr. Tom Eveslage Dr. KansanSIv er At Large Journalism Eduoailon A$.1ociotloo RELIGIOUS EXPRESSION 'Temple Univ"lSIty 'Soultileld P\Jblic Sctlools PNlod&lphia. PA SoVlhfteld. MI Students fight [o r in-school distribution...... 34 Nick ferenllnos Edmund J. Sullivan Court calls religious literature ban overbroad ... 35 Columbia Scnoloslic Pre .. ColumbiaScnolosric Adlilse.. Association F're .�100 • Hornesleod H;gh Schod 'Columbb University cupe"fOO.CA �Yol1i. m ACCESS Robert Tlog.r, Esq. Mark Goodman, Esq. Court rules college course materials open ...... 36 Studenl Pre" LawCe"'", Al latg. WOlhlogton. DC TlOQe, &. 1'Iow1afld Student employee in fo. exempt under law ...... 36 'Unillels/ly 01 CoiolOdo Nancy L. Glean iX>utde •. CO At LotgA ·NeW\ot.eode< CONFIDENTIALITY Sp''''WfI&ld. MO • Orgonlz.otlon.10' pu'po$&I oI ld&nlifocollononly Confidential source protected ...... 37 ROUNDUP Fighting Crime and the Department of Education In thisissue of the Report, we cover the ongoing t.hreat to the safety of SUl Responsibilitieswas written by Hinsdale two major court victories for college dents on campuses where crime is cov (111.) Central High School yearbook papers seeking information about CMll� eredup, restssquarely on theEducation adviser Linda Kennedy with SPLC puscrime. Edi(orsTraciBauer,atSouth Department's shoulders. ExecutiveDirector Mark Goodman.The west MissouriState Uni versity. andRosa publication was made possiblethrough Jones and Shea Wilson at Southern Just say 00 to prior review thecontributions and efforts of the Na Arlamsas University, fought long and TheSecondary Education Di visionof tional Scholastic Press Association, hard for the reportS of their campus the Association for Education in Jour Walsworth Publishing Company and police and security departments. Their nalism and Mass Communication re Taylor Publishing Company. See the success will undoubtedly change the ports thalthree sch olastic press associa backc overof the Report for information way colleges around the country make Lions in Ohio have decided to give spe about ordering Lhe 19-page booklet crime information available tothe pub cial recognitionin their competitions to lic. These student journalists are true thoseschools where administrators a void Speaking or publications heroes to all who want 10 make cam prior review of stu dent publications. The SPLC receives a significant puses safee places. The Northeastern Ohio Scholastic numberof calls from students andadvis Despite these victories, a distressing Press Association, the GreatLakes Inter ers aboutthe publications we have avail llml in the battle for access to campus scholastic Press Association and the able and how to get them. For our crime reports has come from the U.S. J oumaJism Associationof Ohio Schools, newest publications and our book Law Department of Education.o F r reasons agreed at a joint meeting in January to of the Stud�ntPress, see theback of the thedepartment isunable or unwHling 10 takethe s tep asa celebrationof the 200th Report for order infonnation. provide. it has actively encouraged anniversary of the Bill of Rights . The Two other SPLC publications: schools to cover up campus crime and groups agreed to ask each school enter IRS Form 990: A Public Recordfor even threatened thewithdrawal of fed ing annual contests to get the principal the Private School Journalist - Our eml funding from someschools thatdo or superintendenllO sign off on a fonn packet about how private school stu give pubJicaccessto police reportS. The that stated that they would not review dents can getand usethe taxreturns fIled expressions of dismay of the media the newspaperor magazineprior to pub by their institution. A must for every communityo ver theseaclionshave been lication. Each would then give bonus publication that would like to have ac met with silence from the department. points or would have a specialcommen cess tosalaries oftop administrators and Education Secretary Lamar Alexander dation for those schools involved. for any reporter dealing with non-profit hasyet to offer one public statementon These associations deserve special organizations. $5 per copy. his motivation for this interference. commendation for coming up with a Access /0 Campus Crime Reports - TheSPLC hopes thatthe Department creative method of helping persuade A �how 1O� description for getting ac of Education will soon realize thatit has school officials thatprior review is bad cess to the reportsof campus police and made a grave mistake in pursuing this business. securityd epartments . Includescitalions misguidedpolicy. Two courtshave now for each of the state open records and made that pointclear. As !.his issue of Yearbooks and the law crime statisticslaws and a sample free theReport goes w press, other college TheSPLC is pleased to announceLhe dom of information request letter. First newspapers , with the support of the publication of a new booklet created copy free (with name of publicationan� SPLC, are preparing to file suit againsl specifically to address the legal issues school), additional copies $5. theirschoo ls for den ying access tocrime most often confronted by student year If you have an idea for a new SPLC reports. Thewaste of thislitigati on, and bookjownaliSLS. Rights. Restrictio11S& publication, let us know. The Report Staff ------ Genienne Mongno isaJune 1990gradu be working in Kansas this summer as a Hobbes groupie, he is waiting for them ate of Washington and Lee Universi ty . copy editingintern at TheWichita Eagle. w go on tour. She will attendlaw school at the College She wants to be a city editor when she of William & Mary in the fall. She plans gro ws up. Tom Breeden is a May 1991 graduate on pursuing a careerin law and starring of Washington and Lee. School of Law on Broadway in her spare time. Damian Marhefka is aJ une 1991 gradu in Lexington, Va. Prior tolaw school, he ateof StanfordUniversity. He will enter attendedCornell University. He plans 10 Amy Tischer is a junior at lhe Univer the graduate school at the University of open his own law practic e unless some sity of Wisconsin at Madison. She will Washington in the fall. A Calvin and thing better comes along . .._---_ ...... ------SpOng 1991 SPLC �eport.3 CAMPUS CRIME Student Editors Win Access Crime Reports Not 'Education Records,' Judges Say State Sunshine Law Applies to Reports, Declares Missouri Federal Court Judge MlSSOURI- Studentjoumalistsand media groups hailed a federal court decision that opens access to campus crime records, but the tideof optimism temporarily ebbed when the U.S. De partmentofEducationcalle d on thecowt to reconsider its decision. In his March 13 dec ision, U.S. Dis trict Court Judge Russell G. Clade ruled overwhelmingly in favor of student editor Traci Bauer in her suit against Southwest Missouri State University in Springfield.Campus security depanment incident reports are not education rec ords, as defined by federal law,and are Arkansas Circuit Court Adopts Findings subject to the Missouri Sunshine Law, Clark said in his 49-page decision. He in Missouri Case and 'Rules in Like Fashion ' also decla.red that SMSU's fai lure to ctisclose the information is Wlconstiru ARKANSAS- TheBauer \/. Ki ncaid school," Jones said. Universityofficials tional and awarded Bauer $1 in dam decisionplayed a key rolein a rulingthat were awaiting tile signingof thecourt's ages. (See CRIME, p. 13.) ordered Southern Arkansas Uni versity order beforemaking any decision about "This notis my victorybut the victory in Magnolia ro provide unconditional fur ther action, said Roger Giles, SAU of the students at Southwest Missouri disclosure ofits crime reports. director of planning and personnel. Slate Universityt Bauer said . "r think In an April 16 letter to the parties in Paul McMasters, chairman of the they're thereal winners," OtlJers agreed, thecase, stale Circuit CourtJ udge Harry Societyof Prof essional Journalists' Free adding thatthe court's decisioncould be F. Barnes stated that the fa cts in the dom of Information Committee, hailed even more far-reaching. Missouri decision and the case before the decision as "fabulous news" for 'Thisis a precedent-settingcase which him were very similar. students' First Amendment and safety could affect thousands of schools in "This Court can substantially adopt rights. The decision also strengthened Missouri and across the country, n said the findings of thatCourt and ruJein like the Missouri ruling by endorsing Judge Paul Kincaid, SMS director of univer fas hion," he wrote. Judge Barnes then Russell G. Clark's findings, he said. sityrelati ons anda defendant in thecase. ruled tilat campus police incident re Although theMissouri ruling was not Bauer filed the suit in January 1990 ports are not education records, as de legally binding in Arkansas, it was after SMS refu sed to give the Standard an fined by theFam iJy Educational Rights "persuasive authority " in the case , information about alleged rape in· and Privacy Act, and are subject to !he Depper said. volving a varsity basketball player. For Arkansas Freedom of Information Act. Jones and another editor of The Bray the first time the university claimed it Editor in chief Rosa Jones, who filed sued Southern Arkansas University in could not release security reports for the sui t, and her lawyer, Roben Depper, March 1990 for refusing to release uni fear of violating theFamily Educational were "very pleased" with theruling. versity crime reports. The suit alleged Rights and Privacy Act. Commonly ''The laws are stacked against the Su ARKANSAS. pog8 8 Su BAUER.poge 6 4 SPLC �eport $piIng 1991 CAMPUS CRIME CzrWon lYyI_if Quirt. Reprwed wiJh purnissiOfl of the Wulun Ken.lllC� VniWlr.rityC ollege Heights Herald. Survey : Fundg:'Never Lost For Disclosing Reports Education Department Letter Freezes Access to Uncensored Reports on Five Campuses WASIDNGTON, D.C. - In an effort studentuedu cation records" and to pre department at the school. to freethe flow of crimeinf ormationon vent schools from revealing those rec Nineteenn e wspapers reportedrece iv campuses nationwide,the Student Pross ords to others. The law allows the U.S. ing the reportsfor at least two years,and Law Center conducted a survey that Department of Education to withdraw six papers reported having access since inadvertently limited access to crime fed eral funding from schools that vio before the mid- '70s. One newspaper reportS at five universities. lateits provisions. reported access since 1965. Twenty-four schools surveyedby the Some schools. including S MSU, had SPLC in Januaryand Februaryreported interpreted Buckley to include campus DOE letters that !heyrou tinely provided !.he studen t police reports that name students as LeRoy S. Rooker, director of me media with access to comprehensive education records. These schools de Family Policy Compliance Office at the campuscrime information and hadn ever nied thest udent media access tocam pus Education Department, sent letters to been threatened with loss of fe deral crime reports, claiming that they could the heads of 14 of the 24 schools that funding as a result. lose federal fun ding as a result panicipated in the SPLC survey. In a SPLC Executive Director Mark Thefed eral district courti n Bauer \/. letter addres sed to Gordon P. Eaton, Goodmanpresen tedthe findings in fed Kincaidru� that Congress never in pre sident of Iowa State Un iversity, eral court in February on behalf of stu tended the definitionof education rec Rooker mainwned that "(a)ny co-min dented.itor Traci Bauerinher suit against ords to include crimereports. gling of records between the two records Soulhwest Missouri StaleUnive rsity in systems will subjec t all of the law en Springfield. (See STATE SUNSmNE, The SPLC survey forcement records to the requirements p. 4.) SMSU released the iruormationon Calls were made 10 student newspa and limitation ofFERPA'spr ovisions." 14 of the24 schoolssurveyed to theDe pers around the country that the SPLC He further said that disclosure could partment ofEducation , which then sent had reason to believehad a goodrapport jeopardizethe university's fe deral fund an "advisory" leuer to those schools, with their campus police or security mg. warning them that releasing campus department The survey sought to dis Goodman blasted the department's crimerecords could result in theloss of cover how much access the newspaper oc�� � fed eral fun ds. Five of the 14 schools had toc ampus crime reports. howlong h "Apparently. your Department is now notified by the departmentindicate d that hadsuch accessand whether the institu in league with those inslitutions mat are their access to campus police incident tion had ever lost or been threatened more concerned aboutm aintaining their reports had changed as a result. withthe loss of federal fundi ng if crime image than in the safety of their stu The purpose of the survey was to information, including names of stu dents," Goodman wrote in a letter pro emphasize lhat many colleges and uni dents,was disclosed.Of the 24 schools lesting the depanment's action. versi ties around the country do give surveyed thatwere givingcam puscrime Goodman also denounced the access to campus policer eports without infonnation,notonehadever beenthreat department's "deceptive" use of the any consequences under the Fam ily ened by the U.S. Departm ent of Educa SPLC survey . Educational Righls and Privacy ACl, tion with the loss of federal funding fo r "By using the name of the Student commonly known as the Buckley providing their student media access to Press Law Cen ter in the very fLrst sen Amendment. The Buckley Amendment campus police records. These findings tence of his lelter, Mr. Rooker suggested was passed by Congress in 1974 to in were then conftrmed by con tacting a that we had bee n acting as the Depart- sure access by parents and students to university official or the public safety Su SURVEY, page 9 Spring 1991 SPlC Report 5 CAMPUS CRIME known as the Buckley Amendment, for its sponsor, former Sen. JamesL. Buck ley, R-N.Y, the 1974 law aJlows the EducaLion Department to pull federal funding of schools that release student education records. "It was justan overnightthing," Bauer saidof the decision bySMSU toclose its crime records. She had requested the report in the spri ng of 1989. Theuniversity board o f regents vOIW unanimously not toappeal the decision. The board also agreed to fo llow the termsof the rulingand to pay Bauer up to $8,000 for legal expenses. "We cerUli nly respect the coun's opinion," SMSU attorney John Black � p�,,� == said. "It bearscareful study because of '-_LJ> r:;...J __ � the important issuesraised as to univer Cart"011 byBob Palmer. R'prinled willipermissiOft of TheSpringfield News·Ludcr. sitiesand studentsin Missoacross uriand II thecoun try "[ would think that the secretary of education could find a . better way to utilize his time than to come here to the Reactions to the decision Ozarks and beat up on a little 22-year-old student editor." "I think Judge Clark hasstruck a real Douglas Greene blow against crime on campus and I Attorney fo r Traci Bauer think. potential student victims owe a debt of gratitude toTraci Bauer," said Goodman. Bauer contaCted the SPLC At the trial,B auer's lawyers hadrea Paul McMasters, chairman oC the Soci during the spring of 1989 and received soned that federal law was relevant ety of Profe ssional Journalists' Free legal advice from the center until it because the Buck.ley Amendment was dom of Information Committee and found a lawyer to represent her without relied on by SMSU fo r its denial of deputyeditorial directoro f USA Today. charge. Dan Dodson, Steve Garnerand acc ess. "This is an important decision and fonner Missoappellate uri jud ge Douglas In his April 16 order, Judge Clark makes a strong statement mat students Greene represented Bauer. found that thedepartment had actedtoo have the same right to Imow what is late to interVene in the case. Southwest happeningin their communities as other The DOE steps in Missouri State University had notified Americans," said SPJ President Frank The coon spumed an attempt by the the Education Depanmem ofthe specif Gibson. "We hope it sends a clearsignal U.S. DepaJtment of Education to inter· ics of the case in September 1990. The to college administrators that !.beBuck vene in the case. The depanment had university then received a response in ley Amendment was never intended to ftled motions in federal court, two weeks October SWing, ' Tnhe Department is block the flow of information vital to afterJ udge Clark handed downhis deci not incH nedto filea briefwith the Court public safe ty." sion, asking that theruling be modified in this matter." McMasters saidthat the organization or that the department be allowed to At press time,the department hadno! hadbeen searchingfor a case tobe ttied appeal the decision in place of SMSU. decided whether or not to appeal the in federal court, where it would standas Judge Clark overstepped his jurisdic coun's decision. a precedent,because campus crime is a tion when he ruled on the application of The Education Department declined problem everywhere. SPJ conlributed the Buclcley Amendment, the motions to commen t on either Judge Clark 's $5,000 to help cover Bauer's legal ex claimed. The Education Depanment decision or them ove to intervene, opt penses. requested the counwi thdraw the partof ing instead to let themotions "speak fo r "Traci Bauer has won an important the decision deal ing with the fe deral themsel ves," a department spokesman battle for the college media and the law, arguing that it was "tangential." to said. public around the country. TheStu dent the case.The deparunen t' s requestwould "I would thinlc that the secretary of Press Law Center is proud of the role have forced lhe issue of the public's education could find a better way to we've played in supporting her case,, . rightof access to campus policereports utilize his time than to come here to the said $PLC Executive Director Mark to go to court in each of the 50 staLeS. Ozarks and beat up on a little 22-year- 6 SPLC Report Sp.1ng 1991 CAMPUS CRIME old studenteditor," said Ba uer ' s attor ney,Douglas Greene, of the department's "We will continue to fight this case wherever college motion tointervene. Greene fW1her said officials OT the Education Department take it," thatthe department'sposition that crim e Paul McMasters reports are education records was "ri diculous," and applauded the court for Chairman of the SPJ Freedom of Information Committee recognizing it as such. Shonly after the court denied the "We've gOl an Administration that The university'S case was further department's motions, the SPJ tried claims to be pro�ucation and anti damagedby two otherwitnesses: SMSU setting up a meeting with education crime. To take a step like thisshows how Safety and Security DepartmentDirec officialsto explain why thedepartment's hollow their suppon for both of these tor Michael Batchelder and retired policy was not a good one and to dis issues is," Goodman said. He said that Springfield Police Major Bill Hensley. courage further action to close crime the SPLC would he lp otherstudents file Batchelder admitted blaclUng out the reports on campuses, according to lawsuits if their schools refused to open nameof a topuni versi ty official accused McMasters. campus policerecords. on an incident report Evidence also "We would like topersuade thesecre pointed out that lhe equipment theft tary of education that these courtdeci The bearing mentionedin the reponwas not referred sions are right and propel" and protect The March 13 ruling came several to city police. students on campus," he said. "(There weeksafter thecourt held aneviden tiary "I felt if that person's name wasn't are] those in the Departmentof Educa hearingto detennine some disputed facts blackedout it would bring aboutundue tion bureaucracywho vie w college offi of the case. rumors," Batchelder said. cials as (their] constiwents and not sw During the four-day trial that began Batchelder also testifted that Safety dents or the public." on Feb. 20, the university sought to and Security Department reports were "The Education Department is now a prove that Lts failure to release crime not educational records, contradicting co-conspiratorin the effon to cover up information was an attempt to protect claims by the university thatdisclosure campus crime," Goodmancharged. the privacy of students, in compliance of crime reportswould violaleterms of McMasters was disappointed in the with the Buckley Amendment SMSU the Buckley Amendment, which bars Education Department for failing to also attempted to show that the Spring theel r easeof studenteduca tionrecords. tackle issues surrounding the Buckley field police chief was satisfied with the In a February 1988 meeting withJerry Amendment for 17 years and then step cooperation between the campus and PallOn, the SMSU vice president for ping in the Bauer caseafter the decision city police depanments. administrntiveservices, Hensley said he was handed down. It was a "remarkable Bauer's attorneys charged thalSMS discovered that the university did not wasteof taxpayer'smoney to rehashthe selectively withheld crime information report nine sex crimes to city police. issue," he said of the department's mo in an effon to uphold the school's im PallOn said that SMSU wanted to cast a tions to intervene. age. good image to recruitstudents and ath McMasters said he is concerned that "We will show SMS' response for letes and to convince lawmakers to even though the court struck down the what it is - a blatantattempt to censor approve a name change for the univer department's motions, the Education and manage news in violation of the sity, Hensley said. Department will take any action avail First Amendmenl," Greene said in his The trial demonstrated that the "real able to drag the issue out in order to opening statements. agenda" of college officials is to hide "create as much doubton campuses" as "The issue in this case is which way embarassing facts about the university possible, leading many administrators the balance falls: the public's right to andprotects its image, not topr otectthe to take the conservative approach and know or the defendant's right to get privacy rightsof students.said McMis halt or limit the release of crime infor money," Judge Clark said during the ters of the SPJ. mation. trial. "The First Amendment exists so se "We will continue to fight this case SPLC Executive Director Mark lective concealment does not occur," wherever college officials or the Educa Goodman testified as anexpen witness said Gamer,one of Bauer's lawyers, in tion Deparonent take it," McMasters for Bauer. The U.S. Department of the final day of the trial. vowed. He also said that SPJ will con Educationhad never issued letters threat Voicing the appreciation of student unue to support student editors around ening an institution's federal funding journalistsand mediagroups around the the country. for disclosing campuscrime records,he country, Bauer's lawyers thanked her The Education Department would be testified. Goodman also presented the for her unyielding commitmentto free "surprisedat the strenglh and conviction results of a swvey conducted by the ing crime information on the naLion's of the baule now," he said, predicting SPLC that. showed 24 campuses regu campuses. that a number of press and academic lar!y releasedcrime in! ormation and had "We admireyou for fightingfor your associations wiJI pledge their support in never been threatened with the loss of rights andfonile rightsofalilhecitizens light of the Missouri decision. federal funcling. (SeeSURVEY, p. S.) of this country," Garner said .• Spring 1991 SPLC Report 7 CAMPUS CRIME Rape Ed. Bill Could Limit Access to Assault Reports; Equal Opportunity Bill Would Boost Crime Stats Law W ASHlNGTON D.C. - Legislation introduced by Sen. reports available on grounds of safety and First Amendment Joseph Biden, D-DeL, thatw ould encow-age adoption of rape rights. education and prevention programs on college campuses Some schoolsclaim crimereports areeducation records and could also freeze disclosure of sexual assault reports. arereluctant to rel easeth e reports for fea.- of violating theterms A provision of the Violence AgainstWomen Act of 1991. of the Buckley Amendment. bill S I 5, would provide grants to schools demonsmuing Thecampus rape educati on bill was heard before theJudi ci rm ancial need in order to implement rape education and aryCommit tee on April 9.Biden is chairmanof the committee. preventi on programs. The bill will most likely pass in committee Wlevencfully, a Thepotential conflict with student free -press rights arises committee spok.esman said: from theelig ibility requirements outlined in thebilL Schools In otherlegislati ve activity,S en. RobertDole, R -Kansas. has are required to have a writtenpolicy prohi bitingall fo nns of introduced legislation thatw ould boostre portingrequ irements sexual assault and to disclosethe outcome of any investigation outlined in the federal campus crime statistics law. to the sexualassault victim, but thelaw would not "authorize Passage of the Womeo'sEqual 0pponunity Actofl991, bill disclosure to any person other thanthe victim." S472, would add sexual assaults or other abusive sexual The qualification wasinclud ed in an effort not to counter conduct tothe li st of crimes sc hoolsm ust report to comply with the 1974 Family Educational Rights and Privacy Act, said a the Crime Awareness and Campus Security Act. Passed last spokesman for Biden' s office. That law, commonly known as year. the law req uires schools to annually gather and publish theB uckJey Amendment, allows the DepanmentofEducation campus crime statistics and current campus security policies to pull federal funding for disclosure of student education by those higher education institutions that receive federal records. funding. The proposed legislation would also require institu The proposed provision could further stymie studen t jour tions to provide crime reports to parents or guardians of nalists' access tocampus crime reports. students and local police agencies as well as to students and The Crime Awareness and Campus Security Act of 1990 employees. mandates therelease and publication ofcampus crimestatis The equal opportunity bill was ushered into the Senate tics effective September199 2, but journalistsare press ing the Judiciary Co mmittee in February. where it awaits fu rther courts and Slate legislatures to force schools to make the action .• Arkansas Fr()m pDge4 f�EL f�\:E [0 that the univers ity failed to releaserec LooK Af( OU N 0 . .. ords in viol ationof the ArkansasFOI Act O·K . .. KE.. E.P and publication guidel ines stemming MOVIN6 . . . NOTHI from a 198 1 coun settle ment with the (NT ER E.�-fIrlJ" newspaper over a censorship issue. HE-RE... The university claimed that to release the reports would jeopardize its fed era l fu nding.c iting the Buckley Amendmen t. The fe deral ruling in Missouri com poundedby theArkansas decision bodes well for the outcome of a casepe nding in Kentucky. according to the lawyer for thewULr vilie Courier-Journal. TheLouisville Co urier-Journal -the Ill' st commercial newspaper to join the ranks of studen t journalists batLling to gain access to campus crime reports - ftIed a suit against Murray Stale Univer sity in April 1990. "Up to now there was very little case very persuasive in our case." Bauerdecision to the court.The strong, law on this point," said William Hol HoUander predicteda ruJing by sum "well reasoned" decision will be ad eci lander, legal counsel for the Courier mer. He waso ptimistic about the out sive factor in the upcomingjudgment. Journal. "[The Bauer ruling) should 'be come of his case after submitting the Hollander said .• 8 SPLC RepOrt SprIng 1991 CAMPUS CRIME Survey F'(),"pag� 5 "The Department of Education has taken an unusual role ment of Education's secret policeman," to start interpreting the law and second-guessing the Goodman said. He also protested the "veiledthreat" courts." ofpullingfedenllfunds for di.sclosu:re of Wendy Warren campus crimeinf onnation that wasin Editor. The Breeze at James Madison University cluded in the letter. In a letter responding to the charges made by Goodman, the Education De "If that opinion were some brilliantly taking action against the Deparunent of partment claimedthat the survey was a reasoned,compell ing doc�ent,it might Education. matter of public record and had been convince us to rethink our position," Although still receiving access to provided by Southwest Missouri State said Jobn Darsie, legal adviser for the police incident reports, West£rn Ken University. Letterssent to the 14 schools University of Kentucky. one of the tucky University is nervously eyeing its were for "technical assistance," and schools tolimit access to crime reports. campus security deparunenl Since the "purely advisoryin nature," the depart "As of this momentwe have no plans to University of Kentucky caved in to ment claimed and did not require any revise our policies just because of the pressure exerted by the Education De foUow-upactionby the universities. The Missouri opinion." partment,the College Heights Hera/dis department als o denied any effort to Keit.h Paul, managing editor of the "leery"that Westem Kentucky will soon discredit the SPLC. Diamondback, at the University of fo llow suit, said editor in chief Chris Maryland, said that while trying to ge t Poore. The present disclosure policy is Impact or DOE letters information about a recent rape on "upforreview ," he said.Poore expressed Of the 14 schools receiving letters campus,the sec tyuri departmentrefused concern that the school would pull ac fromthe Departmentof Ed ucation warn to release the name of the victim and cess during the summer when swdents i ng themthat theirfederal fundingcould would not cite any reason. Paul said that would not be there to protestthe action. be withdrawn for releasing crime re the information had been available in At Iowa State University. the student portS, five reported changes in crime the past. The Diamondback. as well as newspaper and the campus security reporting by campus police. Arizona the student newspapers at four other department joined forces and found a State University, Colorado State Uni schools denied information, is planning way to continue access. bypassing the versity, James Madison University, the on protestin g its loss of access to com letter by the Education Department. University ofKenUlcicyand the Univer pletecrime reports. Each studen t news Marietta Nelson. co-editor in chief of sity of Maryland claimed that StUdents' paper indicated that it was considering theIowa StateDaily, attributed the suc names and any other identifying infor legal action, but was going to explore cess to "prettyingenious legal counsel." mationwere now omitted from reports. and exhaust other avenues first. The university signedan agreementwith The schools notified by the depart Wendy Warren, editor of The Breeze the city that allows thecam pus police to ment that did not report changes in ac at James Madison University in Vir become an arm of the city police and cess campusto police reports were the ginia, said that she was " furious'" at the subject to their disclosure standards as University of Georgia.the University of EducationDeparunent for the letter, and outlined in the state open records law. Idaho, Illinois State University, Iowa was "unsure'" of what to do next. She Access was onl y interrupted for two State University, Louisiana State Uni saidthat the letter was "especially frus weeks, one of which was spring break. versity,MemphisState U niversity,Stan tratingCorus" because the paper and the Nelson said. ford University, Western Kentucky campus policehad enjoyed such a mUN The schools allowing the student University and the University of North ally beneficial and cooperativerelation newspapers access to thecrime reports Carolina at Chapel Hill. ship in thepast. Campus police took the explained t.hat the primary reason for Thef ederalcourt decision in theBauer letter to the deputy attorney general, doing SO was to increase awareness of case that mandated the release of cam who advised the uni versity not to release campus crime. A numberof poJicechiefs pus crime reports fell on deafears on the s tudents' names to either the student acknowledged that working with the campuses that denied access. A1though newspaper or the student affairs office, newspaper was an extremely effective the ruling is only legally binding in she said. weapon for fighting campus crime and Missouri, as the ftrst decision to deal "The Department of Education has for keeping student awareness of cam wiLh theBuckley issue, Lheruling serves taken an unusual role to start interpret pus crime high. At one college that as a slrOng precedent for similarbau.les ing the law and second-guessing the publishes a weekly "police beat" col for access to comprehensive crime in courts," Warren said. umn, the associate director of public formation. Yet many schools seemed The Breeze plans to raise the issue safety felt that "campuses that don't reiuc tar\t to implement the guidelines of with the auomey general's office. The allow the media access to their campus the Missouri decision on their own paperis also consultingwith the Student crime reports are the one's who should campuses. Press Law Center and is considering be fined, notlhe one's who do:'. Spring 1991 SPLC Report9 CAMPUS CRIME Federal Crime Law Slows State Efforts A lthough passageof thefed eral cam pus crime Statistics law wasa greatvic tory for advocaLes of students' First l&ZIIII Amendment safety rights. it !S...... - ..... �billo and has • Swa_""b stymied effortS to reintroduce andpass . ,...,. �"''''- ,'''''''' .... similar legislation at thestate level . Although some legislators that had sponsored unsuccessful campus crime we're pushing it from our end." bill 6049 that calls for co lleges to give bills conceded thatthey did not reintro Rep. Cisco McSorley. D-Bernalillo. " infonnation relating to crime statistics duce the legislation because the federal added an amendment to a bill designed and security" upon Te4uest. Discipli law accomplished the goals set in their to strengthen the New Mexico Open nary policies andthe nal:Ure of thecam proposed bills. the federol law did not Records Act. The bill and the amend pus security department must be pro freezeall activity at the stateleveL. ment died in the Judiciary Committee vided. Failure tocomply with the provi In January. Rep. Sheila Klinker. D during the shon 6O-day session. It's sions of the billcouId lead to flnesnot to Tippecanoe, introd uceda campus crime "dead as a doornail," said McSorley. exceed$10 .000. statistics biU in the Indiana House of vice-chair of the committee. Assembly bill 2667 was also spon� Representatives. The bill was assigned The proposed amendmen t was de� sored by Sen. Joseph Bruno, R-Bnm to the House Education Committee, signed toprovidestudentjoumalistswith swick. The second amendment would where it died in March. Klinker indi access to crime infonnalion on campus require colleges to promptly report all cated that the legislation will bereintro by classifyingcampus police records as felonies to local police agencies and ducednext year. public records and therefore maldng provide quarterly reportS to the SIJlte The bill in Maryland, sponsored by them subject to the state open records division of criminal justice services. Sen. John W. Derr . R-WashingtOn, got law. Colleges would also have top ublish the one step further than Indiana's legisla McSorley saidhe hoped thatthe vic information for prospective students. tion. The bill was sent to the Economic tory won by student edilOr Traci Bauer Colleges would have to meet aH of the and EnvironmentalAffairs Commi ttee. in gaining access to campus crimerec bilI 's provisions in order to rem ain eli where it receiveda hearingin Fe bruary. ords at Southwest Missouri State Uni gible forsta te fu nding. At the heari ng, the bill "receiveda lot versity accomplishedthe goals set in his Both bills weresent to the Assembly of resistance" from Slale institutions. amendment Higher Educa.t.ion Committee. Kelleher's Derr said the federal campus crimesta The bill will not be reintroduced until aide, David Little. said that the bills tistics law was brought to hisattention Januaryof 1993. McSorley saidhe is not probably will not have hearings . which for the first ti me at theh earing. Colleges yet sure whether or not he is going 10 is not unusual in New YorK. Littl e had argued tlultstate a l aw would beduplica sponsor the legislation. but said he is "no clue" what the prospects are (or the tive and create unnecessary addi tional confident thatso meone will ire ntroduce bills. costs. thebill. The Lone Starstate may be the lone No longersee ing a needfor state leg Although New York has already state to pass a crime statistics bill this islation in light of the federal law • Derr passed a campus crime bill. there is a year.Prospects bright look in Texas for withdrew the bill. movement to strengthen the law this house bill 43. introduced by Rep. Henry New Jersey is wrestling with a cam session. The law is ineffective and Cuellar. D-Webb. pus cri me bill for thethird ti me. Senate "watered down." said a legislative aide The bill is designed to fill in a hole bill 1776, sponsored by Sen. Raymond fo r AssemblymanNeil Kelleher,R- Troy. left in the federal crime statistics bill. Zane, D-Salem . is sitting in the Educa the bill's primarysponsor. Only thoseinsti tuuonsrecei viflg fed eral tion Commit1ee . Thereis "no movement Sen. Stephen Saland. R-Poughlceep fund" are covered by the fed eral law. " on it yet," said aide Kim Homan. But sie, is the senate sponsor fo r assembly Set CRIME. f1tlgt 11 10 SPlC Report Spring 1991 CAMPUS CRIME HaIVard Student Mastenninds Campus Security Bill Proposed Legislation Wo uld Force Schools to Maintain, Release Crime Incident Logs MASSACHUSETTS- A HarvardUniversity student isth e said in his opening remarks at the committee bearing. main force behind a campus crime bill that would provide "HouseBill No. 1575 wouldgive the college community the student journalists with access to campus security incident information it needs to protectitself against thedangers of logs. campus crime." Housebill 1575 isthe brainchild of Josh Gerstein, a Harvard "In short, (house bill] 1575 would givecoUege stUdents Crimson reporter . Gerstein not only drafted the bill, but also what othercitizens already have: theright to make prudent fo unda legislator willing to back it. Rep. RobertH. Marsh. R decisions by learning about crimes and arrests soon after Norfolk, filed the bill on G�tein'sbehalf. they occur," Gerstein concluded. State laws and the federal Student-Right-to-Know and Gerstein also addressed the 1974 Family Educational Campus SecwiLY Act typically require col1eges to collectand Rights and Privacy Act, commonly known as the Buckley publish campus crime statistics and security policies on an Amendment, that bats colleges from disclosing student annual basis. educationrecords for fear oflosingfed eral funding. Gerstein UnderGers tein's proposal,campus police would beordered maintained thatmany coUeges have been releasingcampus to keep incident logs, which would be made available to the crime records, includingnames, for many years withoutloss . mediaand the public. Thelogs would includecrimes re ported. of federalfunds. He also cited theBauerY. Kincaiddecision names and addresses of persons arresred and the charges in which a fed eral court judge ruled that campus crime againstthose pe rsons. Ifpassed, lawthe would provides tudent reportsare n ot educationrecords. (See STATE SUNSHINE, journaliststhe same right of access to campus crime informa p.4.) tionthat they have with local law enforcementage ncies. Prospects for the bill are "up in !,he air." according to "College campuses arenot immune from crime," Gersrein legislative aide Kate Moran.• w. Va . to Try Systemwide Access Policy WEST VIRGINIA - The West Virginia coUege and uni versity sys tems are grappling with a policy that wou ld gi ve studeOl newspapersaccess to crime reports. The two independent systems have undertaken the taskin order tocoordi nate school efforts to comply with state and federal Laws thatrequ ire t& compilation and publication of cam pus crime statistics. The state recently passed a law From page JO Crime "I don ' t see any opposition" in the similarto one passed by Congress last senate, said legislative aid Art Nava, year. Sen. Sondra Lucht.. D-Berkeley, The Texas bill would include all higher who predicted theb i U will passi nto law sponsored the Higher Education Re education institutions . uneventfUlly. port Card bill, which contained a The bill was assigned to the House The 12 states that have already en number of mandatory reporting re Public Safety Sub-Commiu.ee. where it acted campus cri me statistics laws are quirements - includingcr ime statis received a favorable vote after a Feb. 6 Califomia. Connecticut, Delaware. Aor tics - for state COlleges and universi committee hearing. There was no re ida. Louisiana, Massachusells, New ties. ported opposition to the bi ll at the hear York. Pe nnsylvania. Tennessee. Vir The law was the product of a com ing. The bilt was ushered out of the ginia, Washington and Wisconsin.• promiseforged between the houseand house in a 144-0vore. Set POUCY. ptJg�12 Spring 1991 SPLCReport 11 CAMPUS CRIME Policy From poge 11 the committee include students. law gated a recommendation to the board the senateover specificlanguage in the yers,student affairs andadiItttors public before the start of the fall semester." bill. The billpassed unanimously in the safety director representing state col Serreno said !.hal the committee will final hours of the 6 The two independent systems seek a said. of Educationresponse to thatdecision. n "common format" for allstate schools to Kevin Lewis. !.he tentative student Untila systemwide disclosurepolicy fo llow. saidCharles Manning,chance/ representative for the college system , is adopted, schools in each of the sys lor of the university system. A valid said he suppons opening access 1.0 tems are operating under the interim comparison of crime statistics can only campus security incident reports, but policy issued after the federal campus be drawn if every institution has the not necessarily the names of students. crime statistics law was passed. same reporting methods, said Joanne Unsure of thelegal ities surrounding the In a Decemberletter addressed to state Raines. a system public information issue. Lewis conceded that he is not college system presidents. Chancellor officer. A unifonn policy will "insure entirely decided on the issue. Paul B. Marion directed schools topre. that apples are compared with apples." "I don't know the i nlricacies of the pare 12 SPlC Report Sptlng 1991 LEGAL ANALYSIS reportS,"and some that students did make theirinitial report of criminalactivity to the securitydepartment insteadof to the city police department or the county sheriff'soff ICe. Whatthe Decision Said Inmaking its con clusions oflaw in the / case, thecourt first interpreted the appli cationof theMissouri Sunsh ine Law to campus security reports. It then inter preted the Buckley Amendment as it appliesto thoserepons . And fm aUy, the court lookedat B uckJey todeterm ine its Crime constitutionality under both the due process clauseof theFifth Amendment andthe free speech and free press clauses of theFirst Amendment Uncovered TheMissouri Sunshine Law Thecourt ruled that the criminal in vestigation and incident reports of the SMSU Safety and Security Department The Bauer v. Kincaid Decision are "public recordsretained by a public body" and thusare covered by the Mis Explains Yo ur Right to Know souri Sunshine Law? Thecourt saidthat none of theexem� tions to thesunshine law justified denial Judge Clark fo und in fa vor of Bauer of accessto lhesereports. Thecourt said and ordered the fo llowing relief: thatthe presence of exemptions for stu Judge Russell -G. 1) A declaratoryjudgment stating that dent academic and disciplinary records in lhe law 3 "suggest that the legislature Clark of the U.S. Dis criminal investigation and incident re ports are not education records as set did not intend to exempt records main trict Court for the forth in the Fam ily Educational Rights tained by universitypolice dep artments Privacy Act (FERPA),I commonly fo r law enforcement pUfl'Oses." · The We stern District of and referred to asB the uddey Amendment. courtcited in itssupport theec d ision of Missouri issued his and Buckley is not a justifICation for a FloridaCircuit Courtin a case filedby violating the tenns of the Missouri the Independent Florida Alligator decision We dnesday, Sunshine Law. againstthe Uni versi tyof Florida. In that March 13, 1991, inthe 2) Anorder that SMSU's withholding case, Campus Communications v. of criminal investigation and incident Criser.' the court ruled that campus case filed by student reports isunconsti tutionalunder the Fifth police reports are not educational rec newspaper editor Traci Amendmentdue process clauseand the ords. First Amendment. .. Anindividual 's enro llment at a state Bauer against her 3) Anorder that the schoolpay Bauer university doesnot entitle him or her to nominaldamages oUI fo r the violation any greaterprivacy rightsthan members school, Southwest of her constitutional rights. of the general public when it comes to Missouri State Univer [n its ftndings of fact.the courtnoted reporting cri minal activity," the Bauer thatSMSU had a securitydepartment on decisionnote d in describingthe Florida sity, fo r access to campus that was not a commissioned decision.6 campus security de law enforcement agency whose policies SMSU had claimed that the exemp wereultim ately determ inedby the board tion to the Missouri Sunshine Law for partment incident re of regents of the university. The court records "which are protected from dis ports. found that this department did col lect closureby law'" justifieddenial because informationabout suspected orre ported of the application of the federal Buckley crimes, which was placed in "incident See DECISION, pe.ge 14 SprIng 1991 SP\..C Report 13 LEGAL ANALYS IS thed ecision of a Texas courtin Houston Fro," pogl /3 Decision Chronicle Publishing Co. v. HousJon,u A m nd me t . co rt ruled e n The u "FERPA is not a law which aswell asS upremeCourt d ecisions such t that"FERPA is no a law which prohib prohibits disclosure of as Richmond Newspapers v. Virgirua\6 its disclosure of educational records . It and Branzburg \I. Hayes," the coun is a provision which imposes a pen alty educational records . It is a indicatedBauer had a First Amendment of federal fundi ] for [loss ng the disclo provision which imposes a right of access to the securityreports in sure of educationalrecords. '. But more question. important!y. the court penalty [loss of fe deral ruled that FERPA "Thiscourt agrees that li is our duty to did not apply 10these campuspolice and funding] fo r the disclosure foster the fundamental philosophy of security reports (see discussion below). the Am erican constitutional form of of educational records ." representativegov ernmentwhich holds The Family Educational Rights and that government is me servant of me Privacy Act Judge Russell G. Clark people and the public is entitled to fu ll The court said in no uncertain tenns and complete information regarding the that the Buckley Amendment did not Bauerv. Kincaid decision affairs of government and theof ficial justify denial of accessto campus police acts of those who represent them," the and security reports. court said.IS "Thelimited l egislative historyavail Onthal b asis thecoun said theschool able demonstrates thatFERPA seeks to because the general public is given officials' actions in withholding the deter schools fro m indiscriminately re greater access to police reports thataf criminal investigation and inc ident re leasing student ed ucational records. feet !.hem (those of the city and county pons that contained names and other Nothing in the legislative history of police departments) than she receives as identifiable information was unconsti FERPA refers to a policy or intent to a studem concerningsimilar reports that tutional under the First Amendment.l• protec t campus law enforcement unit affect hec (those of her campus security Bauer had presented no evi dence of records which containstudent names or . department) The court noted that the actual damages for the violation of her other personaUy identi fiable inform a Buckley Amendment is a law of the constitutional rights. Thus the coun tion."9 federal government, and that the due awarded nominal damages of $1. "It is reasonable 10assume that crimi processc lauseof the Fif\.h Amendment The summaryby the court of its deci nal investigation and incident reports to the U.S. Constitution guarantees that sion reads as follows: "In conclusion , are not educational records [which are peop le who are simi larlysituat ed will be lhe criminal investigation and incident protectedby FERPA)because, a lthough treated similarly by the fed eral govern reports are not exempt from disclosure they may contain names and other per ment!' under the Missouri Sunshine Law or sonal l y identifiable infonnation, such The court thus fo und that Bauer' s protected as educational records by records relate in no way whatsoever to Fifth Amendment due process rights FERPA. IfFERPA is interpreted Other the type of records which FERPA ex had beeninfringed because there was no wise. to impose a penalty for disclosure pressly protects; i.e., records relating 10 rational reason that students and non of the criminal investigation and inci individual student academic perform students should betreated differently as dentr eports, it is unconstitutional. Lastly. ance, financial aid or scholastic proba far as theiraccess to crime information plainuff is, and always hasbeen, at lib Lion which arekept in individual student that affects \.hem. erty to publish information which she files, " the court 's decision said.\0 "If, as Lhe Department of Education has oblained from collateral sources "The langu.age of the Slatute which asserts,A FERP operates to impose a which directlyrelates to 3 studenL''JI) protects ' educational records ' demon penalty the result of which treats simi strates that the legislatllfe did not intend larly situated individuals [srudents and The Sign ificanceof tb e Decision to include records maintained by a uni non-students) dissimilarly and has no The Bauer decision will undoubtedly versity police department for Jaw en conceivable rational basis, theswut.e is have an impact far beyond the South forcementpurposes. TheCourt will not unconstitutional undec the due process westMissouri State University campus assume that the legislature intended a clause of the Fifth Amendment," the fo r several important reasons. Although result which in no way furthers theplain ed.ll court rul thed ecision is onl y precedent fo r courts purpose of the statute. The function of in the westernhalf of Missouri,it will be the statute is to protect educationally Constituiionalilyunder the First Amend a guide for judges around the state and related infonnalion."11 menl the nation indeciding cases thatinvolv e The court noled thal one of the pur similar issues. The school announced COnstillUiOlUllilYunder theFift h Amend poses of the First Amendment is 10 on March 15 that it would not appeal the ment e c "enable \.he public to scrutiniz the a decision . Bauer claimed that she was being tions of the governmen t through access For Missouri residents, the decision denied the equaJ protec tion of the law "!4 to gove rnment information. Citing makes clear thatpolice incident reports 14 SPLC Report Spring 1Q9 1 LEGAL ANALYSIS arecovered by the statesunshine law as for accesscampus to police reporurather A Planof Acdoa of public colleges to the are all rocords /llld than allow this decision settle Student shouldjournalists give their universities ,not specific.'J.Uy exempted mattec of the intelpretation of FERPA school thetime to digest this new deci by lIStca.<;e thelaw. It is the r inthe state once and for all. The court denied the sion. Then,if school offICials continue to apply the sunshine law to records of motionto intervene on April 16. As of toden y accesscampus 10 police or secu an adminiStrative department within a April24, theDOE hadoffered no word rity reports, the student media should stale university. Studentjownalists in on whether itintended to appeal that makea serious threata of lawsuit The Missouri shouldbe abfe1,0 gCt access to decision. StudentPress Center Law will be glad to a ignific.'lntl)' greateramoum orinfor * Alsosigni ficant iscourt's the holding help studentspursue these cases if their marioD fr m thr.-ir schools as a ru.�utL thatthe F"D'8l andFifth Amendments to schoolsnot do comply with the require For student jOIlTMlislS and othus theU.S. Constio.uionprohibit a school ments of their Stale open records law. balliing 1M Buckley Amnuimenl. the from using FER]>A to deny access to Ifyou would likea complete copy of any deci ion clariJles the scope"educa* of police or security reportS. Now theBauerY.KincaUJdecision, seodS6to lion recqrds" that schools could lose scbool, public or private. that8Ufmpts theSPLC. their fe d raJ,fu nding for revealing. touseFERP A w coverup campnscrime Campuspoliceand secwityrep SprIng 1991 SPlC Report 15 LEGISLATION Hangin' ...... ' , Tough J' I States Still Pushing Free Expression Bills Just halfof the six states that intrO duced student freeexpr ession bills this term still hold out hope that they will soonjoi n the four StaleS where studen ts' press and speech rights are legal ly pro tected. CurrentlyonlyCalitornia,Colorado, Iowa andMassac b usettshave laws that effec tively counteract the Supreme Cowt's1988 Haze/wooddecision.which gave high schooladm inistratorsgreater latitude to censor sc hool-sponsored publications. STUDENT PRE 5S toadopt written polici s governing Hurle Goodall, Supporters of the Student Free Ex lions e Marion. Rep_ y D-Mun "official publications" thatwould c , the bill's chief the pression Act in Indiana are extremely school ie was sponsor in provide adequate free expression and optimisticthat their billwill passthrough House. protection to the press. After nearly a yeat of and the Senate before the end of thel egisla srudent waiting Like the student freeexpress ion bilts reworking in the Assembly Education tive session, said Executive Director of in other the Indiana states that Committee, the New Jersey bill passed theIndiana High SchoolPress Associa states, biU tion Terry Vander Heyden. "material may not besuppr essed solely out,of committeeon Apri l 8 and is on its because it involves political or contro to thefull Assembly. ''I'm hesitant to say too much, but way versial s bject matter." The bill, which is sponsored by rightnow it seems like a sure thing,"said u As Vander Heyden. In addition, a section providing im sepblyman Anthony ImprevedUlO, D m nity for chool administrators initially encountered strong The Indiana House of Representa u s from Hudson, civil iabili y expression was op sition fromthe New Jersey tives passedthe bill on Feb. 11 by a vote l t fo r student pO Educa of 84-16. If the bill passes through the added tothe bill inresponse to concerns tion Association, said president of the voiced by the Indiana School Boards Garden StateScholasti c Press Associa Senate, it would need only to be signed Association. tlOP John Taglierini. by Gov. Evan Bayh beforeIndiana would The is being sponsored in the Theteachers wanted a clause added to become the flfth state to have a student bill Senate by Sen. John Sinks, R-Fon that would pre ent from free expression law. the bill v them Wayne, and Sen. Maidenberg, See FREE PRESS, pag� 17 The bill requires all school corpora- Tony D- Censorship Threat Hovers Despite Law COLORADO - When Colorado be TheColorado taw, w Nch was tendedin hammered out" in her di strict after a came the fourth state to pass a high to counteractIhe Supreme Court's19 88 disputecaused by theschool board 's ex school freedom of expression bill last Hazelwood decision, requires Ihat the tremely restrictive original proposal, June,high schoolnewspaper editors and board of education in each school dis which, "went so far as to penn it prior " advisers thought theyhad won the fight trictadopta "writtenpub lications code" res train1. for control of their student publications. thatis consistent with thelaw. Thecode The disputed Castle Rock proposal But now the battlemay begina gainas is to bewritten and postedby thebegin stated that"the principal shal1 also have some school districts try to implement ning of Ihe 1991-92 school year. the authority independently to review publications codes that would give According to Fran Henry, a publica anyor all materials submiued forpubli administrators more editorial control tion adviser from theCastle Rockschool cation and to make decisions as to the than they had before the law passed. district, a compromise policy "was Se� COWRADO, page /8 16 SPLC Report Spring 1991 LEGISLATION Free Press From pole 16 being harassed or disciplined iftheir students published controversial mate- rial,he said, addingthat theclause has beeninserted. There are 50 co-sponsors of the hill, saidTaglierini . In addition, hesaid, the New Jersey Press Club and the ArbJUy Par! Press have voicedtheir forsupport the b ill. Thebill out passed of Senatethe Highet EducationCommi tteeby a "VOte of3-2, according 00 a spokeswoman from Impreveduto's office. She saidthere is no wordo n when the billwill be heard l.Q:I;;Qd by the fullAssembly. ._.... ,"""...... boIb �_ ... , ... .. �.,.. .. The Michigan bill appears to be the third andlast b illwith a possibility for passage this legislative session. The bill, which was introduced in March by Rep. H. Lynn Jondahl, D sponsorship in Ingham, wasref erred to a comm ittee in The bill was sponsored by Sen. Lana bipartisan the Senate," late Marchbut becauseof thelegislative Oleen,R-Manhattan,a fonnerhighsc hool said Sullivan. Montana wttich was spring break. no action wastaken on the journalismteacher as well aseditor ofhe r The bill, intro Whitefish. bill before press time. college yembook..Ten of the 40senators ducedby Rep. BenCohen, D- InKansas, initial optimism turned to signed 00 as co-sponsors, Johnson said passedHouse in the on Feb. 20. Accord disappointment when its bill swept Student press supporters in ing to Cohen aide Ben D arrow. the bill through the Senate in March but was Washington and Montana also intra was thenvoted down by a Senate Com tabled by the House due 10 lack oftime duced biUs this session. In bothstates the mittee. The next regular legislativeses in the session, said chairman of :the' bills passed throughthe House of Repre sion is not until 1993. Kansas Scholastic Pres s Association's sentatives but met with opposition in the Student free press bills have been Senate. legislation committee Ron Johnson. drafted , but not introducedin Idaho and "We're on theback bumerf oranotb�r PatSu llivan of the Washington lour Wisconsin. YeM," said Iohnson. "We have a nalism Education Association said the In Idahothe campaign is beingled by gdod. ," bill, we simply ran out of time." Republicanma jorityin the Senate Rules high school teacher Barbara Croshaw I ohnson said he was encouraged, Committee voted itsbiU down on party from Pocatello. Idaho Falls journalism however, because this time around'the' lines. Sen. Nita Rinehart, D- Seattle and adviser Ron Bennett said they want to bill was pursued in "the spirit of c6ii\�' Sen. PhilTalmadge . D·SeattJe,co-spon make sure the bill is solid before it is promise." The original version of the sored thebi ll, which according to Sulli introduced. Kansasbill died in the Senate Education van, was closely patterned on theColo Brad Kelly. an aide to Wisconsin Committee in March 1990. rado student freeexpressi on law. Assemblyman Peter Bock, said Bock... "We are compromising yet our prin In 1990 a freepress bill sponsored by had defmite plans to reintroduce this ciples are st ill intact," he said. Talmadge died in theSenate Committee session, but the bill's drafting was de The amended biU covers both high on Education after one hearing. layed because of budget hearings. school andcollege publications. Under Although disappointed by the bill's KeUy said Bock's office had been its terms, press freedom is guaran teed defeat. Sullivan saidshe wasencouraged working with the American Civil Liber for srudent publications. Facultymem by the progress made. "We got a lot ties Union on some language changesin " berswould beallowed 00 review materi fu rther this year, she said, adding that thebill's religious freedomsection. They als 10 "ensure they are consistent with both students and schools were very are tryingto makeit "more palatable" to high standards of English andjournal supponive. religious groups,he said. ism." Sullivan said supporters of the bill Legislators in minois, Ohio and TheSe natepassed the billby a voteof would Jilce to re introduce next session, Wyoming, who introduced srudentfree 37·2, said Johnson. He added that the She said they would concentrate lobby press bi lls that were killed last session. Senate vote of confidence would allow ing effortS on the districts of rules com all decided not 00 rei ntroduce thelegis the bills supporters to focus next year's mittee members. lation this year" lobbying effons on the House. "We think:nex t yearwe can get a more Sprlng 1991 SPL ReportC 17 LEGISLATION Bill Targets University Hate Speech Prohibitions WASHINGTON, D.C. -In an orteff to curb the growing uend among col leges and universities to adopt speech restrictivedisciplinary co&s, U.S. Rep. Henry Hyde, R·lli., introduced legisla tion in March that would give privare school students theright to legally chal lenge these codes. Colorado Frolfl page 16 "Free speech is under siege in our suitability thereof:' comein whene ver he wantedand review countrytoday in places where it ought to After lhis firstpolicy was introduced, lhe material before publication, said be nurtured. protected and enhanced, Associate Editor for the Roclcy MoUII. Bock. "It's vague enough to allow it to namely at our univ�ities," Hyde said. lain News Jean Ouo wrote a letter 10 apply to anything." Thebill titled, "The CollegiaJe Speech Henry in whic h she said the proposed After rejecting thedistr ict's proposal, Protection Act of 1991," would amend code "not only allows but invites the a group of journalism teachers got to the Civil Rights Act of 1964 to give verykind of censo�hip it was intended getherand drafted Lheir own , said Bock, students at private colleges the right to " to prevent The "teacherpol icy" removes thep rior challenge in federal court university TheColorado free expressionlaw spe restraintcIause, but allows the principal codesthat contain penalties forso-called cificallystales that"no expressioncon tointervene i f there is a problem involv "hate speech." Students at public col tained in a studentpu blication,whether ing the areas where students are re leges and universities already receive or not such publication is school spon strained by the law. protection from such codes under the sored , shallbe subject top rior restraint.. Theseareas include: obscenity , libel, First Amendment. Henry, who was also at the forefront slanderand defamati on, and expression Specifically, the bill prohibits any of thepush to get the freee xpression law that crea tes a "clear and present danger college or university that receives fed · passed,said although there are stiUs ome of the commission of unlawful acts, the eral'funds from creating or enfon:ing problems with the "compromise" code, violation of lawful school regulations, "any rule subjecting any stndent to dis it does "leave studentsfu mly inc ontrol or the substantial disruption of the op ciplinary sanctionssolely on thebasis of of content." eration of school." conduct that is speech or other commu This proposal would shift responsi 'Tm not sure I have a big problem nication protected from govemmenta1 bility for determining whether the stu with that," said Bock, referring to the restriction by theftrS t article of amend dents are wjthin thelaw away from lhe limited review powers granted to the ment to the Constiwtion." principal andto theadviser, said Henry. principal in the revised code. "1 just American CivilLiberties Union Presi "It isc learly a lot better [than the origi want the language to betighte r," he said. den t Nadine Strossen endorsed the bill nal proposal]," she said. Bock said the code wi ll be presented at a press conference wilh Hy de. She Henry stilli ntendsto work for changes to the school board in May. He said he said although the ACLU opposes ra in the code before it is flnalized. isc onfide nt a compromisecanbe reached cism, sexism, homophobia and other Jefferson County, Colorado 's largest similarto that in Castle Rock. biaseson college campuses, ilsupporte.d school district, is also having difflCulty Executive Director of the Colorado theb ill because"efforts to combat such draftingan acceptable publications code, High School Press Association Don ills mustnot take the form of suppress said journalism teacher Jim Bock. Ridgeway said Jefferson County and ing freedom of thought andexpr ession." According to Bock, a policy was pre CastleRock are the only districtsw here "As societys trives fo r a greater com sented to journalism teachers through he was aware of prob lems. miLment to equalo pportuni ty in acader out the di strict. This policy , he said, '''Theq uestion is," he said,"How many mia it must not and need not relax its "instituted a priorres traint and review school districts are consciousof the fact unequivocal commitment to free system," that they need to have [a policy written speech," said Strossen. Thepo licy allowed for lheprincipal to by nex.t fall?],,_ Su SP EECH,pa,� 11) 18 SPLC Report Sprl� 1991 LIBEL Speech F1Otft ptJl� 18 be required to subm it a written state Libel Decision A recent survey by the Carnegie ment identifying a conflict Foundation for the Advancement of In addition, a school seeking exemp Teaching indicated that about 60 per tion would have to meet one of three We ighs Public cent of colleges and universities have Department of Education conditions: adapted student-conduct policies bar 1) It must be a school or departmentof or Private Status ring speec h considered racist, sexist or divinity; or derogatOry toward ethnic or religious 2) It mustrequire itsfac ulty,students or of D.C. Coach groups. employeesto bemember s of, or espouse In January, a student at Brown U ni a personal beliefin, me controlling reli versi ty was expelled for shouting anti gious organization; or Washington D.C. - The District of black. anti-Semitic and anti-homosex 3) Its charter and catalog, or other offi Columbia Court of Appeals has held ual remarks in a university courtyard . cial publication, must contain an ex thata coach at a public university is not The student is believed to be the first plicit statementthat it is controlled by a a "public official" or a "public figure" nderiflldUBte at any institution to be particular re li gious organization that u for libel purposes. dismissed for violating an anti-harass appoints its governing body and pro The unanimous decision of thethree ment code. vides a significant amount of financial judge panel in the case Moss v . Stock. Stoden&s at the public Univrnity of support. ard. 580 A.2d 101 1 (D.C.App. 1990). Lowell in Massachusetts �ilIly Thebill would also allowuniversi ties dec ided in Septem ber, stated that the challenged their school's speec h code top unish Students for speech "tradition women 's basketball coach of the Uni afterinistrators adm tried to punish them ally excluded from First Amendment versityof the DistrictofColumbiashould for publiih severaling cartOOns thatsome protections. " be gnuned private figurestatus. perceived to besexist and racist. This would include speech that is The libel suit was filed by Bessie Massachusetts Board ofResealS at obscene, libelous or constitutes a "clear Stockard, the former UDC women's torneys advised thecollege to drop the and present danger' to public safety. In basketball coach, after the university's chaIiesagainst me studentssaying legal addition. universities would beallowed athletic director, Orby Moss, explained action would probably be precluded by to "impose time, place and manner re the unexpectedru ing of the coach tothe the First Amendment. (See FIR ST strictions on speech tothe sameextentas team in 1981 by slating that Stockard AMENDJvtENT, p. 27.) can any governmental enti ty." had been dismissed for "misappropria According to Hyde. !he 1987 Civil "I thinkpart growingof up is learning tion of funds." RightsR£atorationAct allowsCoo gress how to deal with opinions you hate," Theu niversi ty attempted toprove that toregula1e anyprj vare college as long as Hyde said. "Shootingthe messengeris Stockard was either a public official, "any of lbeir constituent partS reCeive not a way to deal with bad news or because she was employed by a public federal aid." Since mosL colleges re unpopularopi nions." university, or a limited·purpose public cei ve some form of federal aid most "I do not condonebigoted speec h, but figure. If considered a public official or schoolswill becovered by the new act, driving such sentiments underground public figure. Stockard would have had said Hyde. lhrough academic sanctions does not to prove that Moss h ad made his state "For so many years academic free eliminare bigotry , it just makes it fes ment with actual ma1ice instead of only dom wasa hallmarkof hi gher education. ter," he said. "Instead we should un needing to prove simple negligence. Now we are rm ding thatthere is so much leash the most effective weapon of a The COlD1 of Appeals rejected bo� ethnic, racial, re ligious and political democratic society- more speech." the university 'S claims. The court held sensitivitythat some of the most bi zarre A spokesmanfro m Hyde's office said that Stockard was not a "public figure" things are happening because opinions theyare hoping for a hearing on the bill because she did not "shape or try to are being expressed and comments are sometime this summer._ shapethe outcome of a particular publ ic being made thar offend one group of controversy." The evidence presented anomer," Hyde said. at uial showed that SlOCwd made no Hyde's proposal exemptsany school attempt toturn me issueof her firi ng into controlled by a religious organization a public controversy.and becauseof thls where !he biU's rC4uiremenlS "would she could in no way beseen as a "lim not be consislCnt with !hereligious ten· ited-purpose public figw-e." ets" of the organization. The court alsoruled that a teacher or According to Hyde, mis exemptionis coach at a public university does not consistent with the Education Amend meet the requirementsof a " public offi· ments Act of 1972. Before a school cial" asestabl ished inthe Supreme Court couldqualif y for !heexemption it would Su COACH. page 20 Spt1l"\g 1991 SPlC Report 19 LIBEL Law Student Drops Suit Over Misquote MINNESOT A - Thedismissal of a $20,000libe l suit stem ming from an alleged mjsquotecame as a relief to thes tudent newspaper at the Uni versi ty of Minnesotain MilUleapolisthat had referred to the suit as a "nuisance." "We thought his case was almost nonexistent,and I guess he realized it. too." said Minnesota Daily editor in chief Pal Mack. Jordan Kushner, a third-year lawstudent, lodged a libel and fal se ligh.t suit against reporter Laura Kroonje and edi tor Robin Trippel for an October story about a controversial speakeron campus that he claimed inflicted"severe em otional distress and anguish,damage to his reputalion and career, and other harm." Kushner, who was represen ting himself. then dropped the suit becauseit "wasn't worth the time and energy and cost," he said. In addition damage could not be proven because the Daily does not enjoy thal much credibilityon campus, Kush ner claimed. Despite the fact that he dropped the suit. Kushner has not backed down from his assertion that he never said, "By supporting [Rabbi Meir] Kahane. theU endorses racism." Controversy cloudedKahane' s visit to theu niversity for his view that supports the remo val of Paleslinians from Israel. The "bogus" quote was the opposite of what was stated, Kushner contended . Kushner said that he "couldn 't stand" Kahan e's speech on camptlS. wasusedto illustrate the balance Kahane. but he suppon.ed the rabbi 's right to speak. Kushner between the university 's responsibility to keep racism from also said he told the reporter that the protesters were not campus and its responsibility to uphold students' free-speech combattingrac ism by hecklingKahane andtrying to har him rights. from speaking. Rabbi Kahanewas assassinatedin November duringa speak The quote, used in the last paragraph of a story about ing engagement in New YorkCity .• Coach FTompage 19 decision in Rosenblatt v. Baer (1966) . In Rosenblatt. the Court stated that public offic ials cannot "be thought to include all public employees," SO they limited the designatioo to those posi tions in which "the public has an inde pendent interest in the qualification and performanceof theperson who h oldsit. beyond the generalpublic interest in the qualificationand imponanceof aU gov ernment employees." The issueof whether or not teachers at public schoolsare public figures in libel cases continues to bean issue that spJits state courts. The Supreme Court has made no rulingon the matter" 20 SPlC Report Spring 1991 LIBEL Court DislDisses $1 Million Libel Suit Published Student Comments Protected as 0 CALIFORNIA - A stale appe llate court in November rejecttd an Amador Valley math teacher's claim that a stu dent newspaper story, in which he was referred to asa "babbler"and "the worst teacher in school," was libelous. Inhis $1 milliondefamation suit.,Foo t· hill High School teacher Larry Moyer called the story, which appeared in a March 1988 issue of the FHS student newspaper, InFlight, "false and libel ous." Moyer claimed he suffered "harm to his professionalreputation " aswell as "humiliation, mental anguish and men ta! distress" as a res ultof thearticle, In upholding an earlier Alameda County Superior Court ruling, 1he ap pellate court ruled the terms"babbler" and "worst teacher,"as they appearedin the context of the story, could notrea sonably have bee n understood to be stating actual facts and therefore were not defamatory under the First Amend tiThe crucial determination whether the statement was ment Both of the comments in question fa ct or op inio n was held to be a question of law fo r the appeared as quotes from an anonymous court .... Milkovich did not substantially change these student ill a news story reporting the explosion of a smokebomb in Moyer's principles. " classroom. The student, referred to as JusticeJohn Racanelli TheSh adow, saidhe supplied thes molce Moyer v. Amador Va lley Union Hig h SchoolDistrict decision bombused in theincident bec ause,"Mr. Moyer is a babbler and babblers are annoying to me ...he isthe worst teacher that cannot be "reasonably interpreted gerated expression conveying the SOl at FHS." asstating actualfa cts"are still entitled[Q dent-speaker'silisapproval of [Moyer's} The court dismissed the claim l11at ConstiOltional protection . teaching or speaking style ," Neither Moyer's case should come under the Racanellinoted that past in decisions, comment, lhey said, could have been prolUtion of !.he recent U.S. Supreme Californiacourts had used a "totalityof understood to be stating actual (a cts � Coun decision in Milkovich Y. Lorain circumstances test" to differentiatebe about �oyer. JoWTUl/. tween fact and opinion. TIlls test re The judges also contended that al· In Milkovich. the High Court rejec ted quired that the court examine both the though the headline, which read "Stu what it called, "the creation of an artifi language andthe context of a statement dents Terrorize Moyer," coul d imply a cial dichotomy between 'opinion' and to determine if it could be considered factual assertion, the word "terrorize" '(act'." defamatory, he said.. was an exaggeration of the actualevent The Coun emphasized that "a false "The crucial determination whether and therefore feU within the protected assertion of fa ct could be libelous even the statement was fact or opinion was category of rhetorical hyperbole. though couched as opinion." held to bea Questionof law for thecourt Moyer's attorney, RitaRowland, said In wri ting the three-judge appeUate .... Milkovichdid not substantiallychange she believedthe ruling was,"a real loss court panel's unanimous decision, Jus these principles." Racanelli said. forteachers and a disservice to teaChers tice John T. Racanelli said although the Theap peJlatecourtjudgesagreed that in California." Supreme Court held that there is no both the "babbler" and "worst teacher" She saidthe casewill notbe appealed separateprivilege for opinion, statements commentswere usedas aform of"exag- to the sta� supreme court.. Spring 1991 SPLC Report 21 CENSORSHIP Principal Delays Distribution Stop the Pre sses to Cut 'Offensive' Wo rd FLORIDA - A highschool principal said he was editingand censoring the paper. bUL they understood his position better not censoring the sllldent newspaper when he stopped its aftercontacting sevecal local newspapers. distribution until an "offensive" anecdote was removed. '1'hekids fo und out that the SI. Petersburg Times couldn'L Craig Marlett, principal of Crystal River High School, use[the word fart] either," said Reed. n decided to haltdistrl oution of TM PiratesUJ gwhen be came Calling Marlett a "pretty easy going guY, Reed said he be across an article listing fivehumi liating situations a student lieved the principal was considering the paper's readership experienced during me day. Oneof thedescriptions used the when he pulled the story. word "£art." which Marlett called "inappropriate." Abouta fo unhof the 400r egularcopies of themonthly paper Marlett also had a problem with the way the student chose go to parent subscribers and businesses that advertise in the to recount the incident publication. "It was describing the event and how it went off nex t to Reedsaid he believed Marelett would have let theoriginal someone and the smell," he said. "I justcouldn 't let that go by, piece runw ith only a slight language change ifhe had metwith by golly ." the srudentS and discussedhis concerns before the paper was Newspaper sponsor Ken Reed said Marlett normally re published. views the paper before it goes to print, but deadline pressure Theed itor of The PiratesUJg. Sherri Johnson, 17, said she prevented students from getting the copy to Marlett in ti me. understood why the article was pulled. "I would sayw e didn't The paper's distribution was held until anotherissue could be take intO co nsideration our audience, but we've learned a lot pri nted without the "offensive" incident from the elCperience," she said. "I take responsibility because I let them bypass the proce Marlett declined to comment further on theincident saying dure," Reed sai d. only, "Frankly.J consider theis sue closed and I'djust rathern ot According to Reed,students initially believed Marlett was ta1k about it: .. Free-Speech Marathon Draws Attention to Radio Censorship CALIFORNIA - In an effort to go Day" theme was expanded to explore beyond 2 Live Crew to address the thepolitical, culturaland social elements broader implications of censorship, 12 of censorship and 1.0 show that "censor Californiac ollege radio stationsjoined ship goes beyond limiting the sale of 2 together on March 4 1.0 broadcast an Live Crew albums to those 18 and over. 18-hour free-speech marathon titled IL's an attack on First Amendment "Day of Dec;ency." rights." The special - which ran from 6 am. Michaelis said the day was "not in to midnight on most ofthe panici pating tended to incite the people who want to stations - featured controversial mu induce censorship in any way, shape or sic, interviews and spoken-word per form ," but simply to educate the public fo rmances by an assorunent of artists to the problem and to offer some con incl uding poetAllen Ginsberg, perf orm structive ways of dealing with it. She ance artist/musician Laurie Anderson said thelist ener response theto day was and former Dead Kennedys' fo under very good, although they had received work. They include: KUCI at UC lello Biafra. no response from any "pro-censorship" Irvine, KALXat UC Berkeley, KCSB at "Day of Decency," the brainchild of groups. UC Santa Barbara, KCPR at California KUCI-FMm usic direc tor Todd Sievers "We created the 'Day of Decency' to Polytechnic State University in San Luis and prom otions director Danielle inform the public abouthow bad things Obispo, KDVS at UC Davis, KSDT at Michaelis at the University of Califor have gouen and to motivate them re UC San Diego, KUCRat UC Riverside. nia, Irvine , was created originaUy to garding what they can do to reverse the KZSC at UC SantaCruz, KFJ C at Foot protest the 24-hour "indec;ency ban" tide," Michaelis said. hill College in Los Altos Hills,KCSC at imposed last year by the Federal Com The stations !.hat participated in the Califom iaStateUni versiy inChico, KLA munications Commission. statewide broadcast are all members of at UCLA and KXLU at Loyola Mary According to Michaelis,the "Decency theU niversity of California Radio Net- mount in Los Angeles .• 22 SPlC RGport Spring 1991 CENSORSHIP Colleges not Free From Hazelwood MISSOURI - The Haz.elwood v. KuhimeierdeJ;isioo tha1gave public high school administrators greater rights to censor student publicaLions has not muzzled the college press, a survey conducted at Stephens College in Co lumbia found, but college joumalists may not be completely insulated fr om its effects either. Free Press Law Prevents Principal Graduate student Kristie Bunton Northington administered thesurvey in Novemberof 1988 for her masters the From Acting on Discipline Threats sis. Two hundredtwen ty-one of the797 IOWA - School administrators in TheIowa studentfree expressi on law college newspaper advisers Irnown by Council Bluffs were unawareof the 1988 was intended to counteract the 1988 theCollege MediaAdvisers, Inc., in the statelaw protecting [he rightsof student SupremeCourt decision in Hazelwood fall of 1988 responded.NorthingtOn was journalists when they threatened to sus v. Kuhlmeur, which gave highschool satisfied with the 28 percent response pend students fordistributing an editorial officials greater latitude to censor rate because she lacked fun ding fo r a banned from the student newspaper, said school-sponsoredstudent pub lications. follow-up letter and she had contacted Superintendent LeeWise. In addition to giving public school all known college advisers, not just a Wise reversed a dec ision by Lewis students theright toexercise "freedom select psam ling, she said. CenlIal High School administrators to ofspeech, includingtherigbt of expres Northington uncovered a need to discipline three seniors for handing out sion in official school publications," document the effects of Hazelwood on copiesof the censored editorial during a the Iowa law requires every school to the co llege press while serving as ad school basketball game. adopt a written publications code con viser to the Stephens Life. Northington The article. which criticized Lewis sistentwith the law. thought"sp ill-up efforts" to censor col Central 's headbasket ballcoa ch. had been According to Mary Arnold, the ex lege publications"by misguidedadmin pulled from the school paper because it ecutive secretary of the Iowa High istrators" might result from theJan. 13. "presented the school ina bad light,"said School PressAssociation, the Iowa De 1988. Supreme Court ruling, she said Principal Harold Condra. partmentofEducationhas recen tlycom The study found Hazelwood-related "I thinkour school newspaper should pleted a model publications policy to censorship of college newspapers more presenta pasitive picture of theschool," ajds chools indeveloping theirindivid limitedthan Northington had anticipated . Condra said. ual codes. The model policy has been For example, 77 percent of fac ulty"'ad According to Wise, errors on the part sent to all Iowa schoolsuperintendents visers fro m 22 1 colleges across the of both the administrators and the stu as well as to high school journalism country claimed that the Hazelwood dents caused the controversy. advisers throughout the stale, said decisiondid not affec t their newspapers. "We're both at fault and we need to Arnold. Although the 15 percent that indi make sure that the board policies are "Once thismodel policy issent out catedthe ruling had negatively affected updated," he sajd. and schools adopt [heir own policies their publications was significant.it was Student newspaper editor and author that confoITIl with the law, we should nowhere near what North ington had of the editorial Josh Dirks disagreed. avert such situations," said Arnold in expected. "Everybody [hat has readthe article is re fe rence to the disputeat Lewis Cen "Maybe I'm an op timist." she said. behind me. [tried very hard to present tral. "But I think it's greal " both sides. They couldn't believe the "For a law to work, allparties haveto In an effort to pinpoint what kind of art icle was censored in the first place," know about it and adhere to it,n she publicationswere susceptible tocensor said Dirks. said.• s" HAZELWOOD. fXl8t 24 ---_. . -_ .. Spring 199 1 SPlC Report 23 CENSORSHIP Student Reporter Provides Police With Notes From Censored Story Believing No Other Alternative IOWA - A high school principal in daughternot bequoted or named inthe West Des Moines stopped publica ankle. Because the paper badalready tion ofaFebruaryedition of the school gone to the printer, Brooks said he or paper because it contained an inter dered the run stoppedwithout consu lt view with thegirl friend of anaccused ing thestudeot editors. murderer. Anderson said police told her they In addition. the student reporterin needed the story and her notes because volved gave local police her story they thought they might contain infor· notes and a copy of the unpUblished mation thel po ice did not already have University journalism department anic1e. The reporter, Valley High about lhe case. chairman Tom Emmerson. School senior Anne Anderson. said According to Brooks,police toldhim Spotlight editorTara Mooson. 17, shedid not Icnow shehad optionthe to a subpoena for thearticle was not nec¢S said she believed she and Anderson refuse co turn over the information. sary. were misledb y the detectives. Anderson 's story. which was to Because Iowa is one of only four "Anne and I, at the time, didn't have appeared Feb.in the 22 issue of Slaleswith a strict!awprotecting student know we had the option to say no," the Valley High Spotlight, featured journalists and state COwts have recog Monson said. the freshman girlfriend of a former nizeda qualified privilege for reporters A special edition of the SpotIiglu Valley High studentcharged with the to withhold unpublished story materi was issued a week after the incident Feb. 17 shooting of a teen-ager at a als, experts believe Anderson was not The issue included an explanation localshopping mall. compelled to tum over the information. about why the paper was not pub Valley High Principal Robert "Wi thout knowingall thefuels. it looks lished theweek: before. Brooks saidhe halted publication of tome like they reallypu t someoneon the B rooksto Id thepa per'seditors that the paper afterr eceiving a notefrom spot whose philosophies and views are theyw ould bea ble tocover thecase in the girl's mother asking that her only justdevelo ping." said Iowa State thefut.ure .. Hazelwood Frum pagdJ rise in active newsgathering by student flexingrestrictive practices over student ship problems. Northington cruegorized journalists.A surprising32 percent said newspapers is the exception - not the the221 schoolsand cross-tabulated !hem that students were more aggressive in rule - on m ost campuses. The 91 per with their censorship responses. their reporting than in 1988. cent of respondents that claimed they She was sUlJlrise£lto ro od that censor Most advisers did nOt fm d thedeci were not threatened with loss of funds ship suuck student newspapers in a sion repressive fo r them but responded appeared to be the norm at colleges random manner. Accordi ng to her find to the fact that it may be for others. across the co untry, as were the 95 per ings. general izations could not bemade Northington said. cent that said no moves were made to betweenthe responsesof a public versus Very fe w advisers reported direct affiliate the newspaper with a super a private institution or an independent tampering with theirpublications. Only vised laboratory class. "p, .. ��per versus a laboratory newspa 15 percent reported attemptsat restrain· Northington warned resthaI ultsof the per produced for academic crediL ing theirnewspa pers. survey are only "tentative" because it A clear majority of advisers - 81 These advise� cited some practices was issued in the fall of 1988. less than percent - indicated that they were no employed by administnuors in an effort one yearafter the ruling. more or less likely to advise students to to cona-o! thepress. thatincl udedrefus Student media officials voiced their use restraint in publishing, and 73 per ing to provide in fonnation, imposing reservations about the safety of college cent saidadmini strators were no moreor restrictions on advertising practices. press freedom until a college presscase 1ess likely to interfere in student pub fLr ing advisersand lhreat.eningto change reaches theCOurtS. lishing than in the past the status of the paper. Northington did not have plans fora Some respondents even reported a The study found that administrators fo llow-up survey .• 24 SPLCReport Sprll'\g 1991 CENSORSHIP Editorial Lands Students in Hot Water Principal Shuts Down Paper After Editors Refuse to Repeat Apology NEW HAMPSHlRE-PrincipalWil liamBtuns shut down the CentralHigh School newspaper in Manchester in November after student editors refused to repeat a public apology for an edito rial that criticized a teacher. Burns said that he would notreinstate production of The Liu/e Green until a fac ulty adviserco uld befo und. TIlefars t two issues of the award-winning paper hadbeen produced without an adviser after ScullyConstance qui t her -yearsix postciting " personal reasons." Co-editors in chief Jeffrey Brodsky and Misbah Tahir andm anaging editor JustinKudler were called to Burns'office after publication of the October edito rial, "Just a Sham," which protested teacher and freshman adviserSalvatore Toscano's fa ilure to disclose numerical resu lts of the freshman class officer would do it,and they just neglectedto do When asked why the paper was al elections. Bums called for measures to it,"Burns said of thestudents' refus alto iowed to run without an adviser fo r the "placate Mr.Tos cano" and the fac ulty, take lhe last step. first two issues, Bums responded, "A according to Brodsky. Noncompliance isnot themain issue, newspaper is a very fragile thing that Theedi torspresented Toscano with a Brodsky said. '1 knowwhat we didwas requires continuity"in o rder to maintain letter apologizing "for any displeasure right," he said defending the edilOrial. its quality. He also saidthat the quality that lhis incident may have caused you," Toscano wasnOl singledout, he added. of the paper had dropped without the apologized over the school 's public The focus of the editorial was on the guidance ofan adviser. address system and agreed toclari runa freshman class, Brodsky said, therefore Utile Green staffand editors demon fication in the next issue of the paper, Toscano, asadvi ser toe th freshmanclass, strated "dedication, motivation and ini Brodsky said. played a key role. Toscano was also tiative" to publish the fIrst two issues B urns demanded that the editors re contactedbefore theeditorial was writ withoutan adviser, Brodskysaid. They peat the apology over theP A system the ten, Brodsky said. also managed to make some major following morning since somesrudents The editorial said in part that changes in thepaper, he said, including leave during tlle last period of the day. "(f}reedom of infonnation is the bacJc going from tabloid-size to broadsheet He warned that fai lure tocomply would boneof a democracy,and whenTo scano and adding color photoS. shut down the paper. fa ils to release the percentageof votes, The appoinonent of English teacher Theeditors initially yielded 10 Bums' he underminesthe basicf orm of govern Wilfred Lloyd as faculty adviser to" the request because it was "like having a ment which he is supposed to beuphold paper enabled students to produce a gun 10 our heads," Tahir said. ing. December issue of thepaper before Lloyd But the editors decided not to repeat "At a time when democracy is blos resigned for health reasons. the apology because "to do any more soming all over the world. Central High The Little Green was again out of would be humiliating to the paper," School's freshmanclass and adviser are business untilteacher Rita Davisstepped explained. c Brodsky "There omes a taking a giantstep backward ." in to take Lloyd ' s place. certain point where you've got to stand Barring operation of the paper "has T want "l0direct them, to channel their up for principle." nothingto do with freedomoIthe pres s," exuberance in a more positive vein," At the end of the next school day Burnsconte nded.It isa "knee-jerkreac Davis said, describing herrela tionship Burnsclosed the newspaperoffice after tion" to make it a free -press issue, he to the newspaper staff. editors faile{! to repeat the announce said. The student newspaper needs a Brodskyalso looked fo rward lOa long, ment faculty adviser just like any other stu constructivere lationship, calling Davis "There was a contract made thatthey dent organization, he added. "very helpful.". Spring 199 1 SPLC Report 25 ADMINISTRATION 'Blunder' Rellledied Administrator Apologizes fo r Threatening Letter and Vo ws Not to Censor ILLINOIS - A public apology ended a dispute betweena Monmouth College senior and a school administrator who calledone of the student'spoems "dis gusting"and threatened to pre ventsimi larworks from appearing inthe school 's literarymagazine. In a letter sent to senior Dawn Ka madulski, which also appeared in the Feb. 11 issueof theSUJd ent newspaper, vice president Gerald McBride apolo gized to Kamadulslci for the ''threaten ing way" in which he criticized her fo r Stands her poem in the February issue of Principal Behind Monmouth's literary magazine The Caril/on. McBride was referring 10 a note he Controversial Column sent to Kamadulski on Feb. 7 after her poem "The Price You Pay" appeared in INDIANA-Administrators at Marion topics they consider important, but she The Carillon. In the letter, McBride High School backed studen ts' right 10 wantsstudentjoumalists 10 "understand defen d cal led the poem "disgusting," and said publish controversial articles about the ramifiC4ltions and beready to he would be "working to see that trash abortion and racism des pite a flurry of why they did what they did; that's what like this doesn'tappear in this publica opposition from thecommunity . I consider responsible journalism." tion." Principal Marjorie Record wit.hstood "I do believe in censorship, because The controversial poem was written a barrage of threats, angry phone calls ultimately I take the heal. 1 gOl lhedeath by Kamadulslcitwo years before for an and lettersfo llowing anOctober col umn threats," Record said. but "I Iry [0 edu advanced creative writing course. supporting abortion rights, and chose cate, not censor." McBride said he foun d the poem dis not 10 disciplineor censor theSurvey or Thecolumn drew fire from stlIdents, turbing becauseof its"see mingly casual its slat'f. parents and religious leaders fo r its and approach tothe ofdeath twoinfant boys." "(Editor inchief J .R. Ross] isa young abonion rights stance for question "It is abouta college-age woman who man t.ryjng to sort out what is right and ing the ex istence and charactecof God. is afraid of getting pregnan t, and it is wrong," Record said of the student's "Inall reality, what right dothey have about the fear thatis always thereif you abonion column. "Idid thal when I was to claim they are speaking for Godand are a sexually active college woman. about 30. J.R. is only 17. I think we that only 'He' has the right to tenninate There is nothing illegal or objectionable should praise him for it." life?" Ross wrote referring to anti-abor in the content of the poem," said Ka Faculty adviser Phyllis Knost attrib tion activists. "For all we know. He, if madulski in defense of her work. uted adminiSCf3livesupport t o theirrec there actually is a God,could bea long McBride's apology came one week ogni Lion of students' freespeech rights, haired hippie that smokes marijuana. after Kamadulski,wh o isalso the editor the fact that no one was libeled and that He also could be pro-choice." ofT� Carillon, fIleda formalgrievance theco lumn expressed an opinion. A special section on racism in a later withthe academic dean against McBride According to Ross, the adviser has Survey issue was also a subjectof con claiming thatMcB ride'sletter criticiz· invited Record [0 view the paper before troversy. The section included a poll, a ing herwork. was a fo rm of harassment. it goes to press since the incident SlOry and an editorial decrying racial In ad dition, she said she believed A self-proclaimed " devil'sadvocate," stereotypes. Commonly heldracialstere- $" MONMOUTH, pagt28 Record allows the students to cover SU SUPPORT, {ldge27 26 SPLCReport Spring 1991 ADMINISTRATION First Amendment Blocks Charges Stemming From Controversial Cartoon MASSACHUSETTS - Saying thes tudents' FirstAmend ment rights preventedthe school from pursuing 1egal action, University of Lowell officials have dropped all charges against studentnews papereditors responsiblepublica forthe tion of several conlJ'Oversial cartoons. Editor of the University of Lowell Connector Patricia Janice andn ews editorJeffrey Pahl were charged in Decem ber with vio1ating !be civil rights of women and minority studentswhen thepaper published severa1cartOOIlS that some students and university officials called sexist and T8ciSL University officials said thecartoons created a "hostile envi ronment" on campus. According 10 Assistant Dean of Students Thomas Tay lor the administration believed it was justified in taking action against the students because The ConnecwT receives more than half its $130,000 budgetfrom the university and there fo re the university is ultimately responsible for the paper 's content.Taylor said,however, that theun iversity, which isa publ ic school, decided to drop thecharges after receiving a Cartoontbat somestudents interpreted as racist. legal opinion from the Massachusetts Board of Regents. "The FirSl Amendment issuch thatthere really aren 't any students co meet with him "lO discuss the charges and possible grounds for legal action [against the students]," said Taylor. sanctions"against them. The students were gi ven five days to He added that the university has hadno furth er problems with respond to the university's complaint The COMcc/or. "Failure to respond ... wiu constiWle an additional violation Both Janice and Pahl said administrators were upset by and result in yourapprehe nsion by theuni versity police,"Taylor several articles and cartoons that appeared in a November wrOte in the letters. parody issue. They said , however, that they believe the Taylor said the university's actions were not based solely on universiLy'soffic ial action was sparkedby srudents' misinter the controversial cartoon, but on a pattern of disregard by the pretation of a cartoOn pubUshed in theo N v. 29 issue of The Connectorto the university's concerns. COMeC/OT. "Thisis far more than a single incident.There are many areas Two students wrote letters 10 the editorcomplaining abo ut where we fo und problems. In some cases it is a situation where the canoon. One letter asserted that the caricature "very very clearand exp licit directives were given [by the adminisua boldly compared black men to laboratory animals." lionJ and ignored,'" said Taylor. The leiters were publ ished in the COMec/or on Dec. 6. "It's appropriate for the school to be concerned about tHe Janice wrote an accompanying edicoriaIthat said the swdents educational environment as it pertains lO racism and sexism," had missed pointthe ofthe cartOOn, which was intended to saidJohn Reinstein. an attorney fr om the Massachusetts Civil ridicule (he "ignorant, racist typeof person." Liberties Union who represen ted The Connector. "The univer On Dec. II, Taylor sent registered leuers to Janice, Pahl sity hasan obligation to respond;however, theirresponse should and the Connector's 1 3-membeceditorialboard ,r equiring the not be to silence those who are offensive. ' .. Support F,om ptJge 2� of thepress," Knost concl udedabout the adding, "It is thewrong messageto send con trOversy. to kids." otypes drawn from a student poll were Ross came away from the experience ''{' m a strongsuppoTtCr of freedom of i also printed, wh ch somemisconsUUed with a different lesson. "r think it's speech, freedom of the press and free as the staff s opinion , and led to allega prettyp athetic thatsome inthe c ommu dom of reUgion, and if I tried 10 keep tions of racism. nity are so close-minded [aboutalterna quiet it would destroy all I love about "Students are more awareo f thepower tivev iews] ," Ross said. Record agreed , journalism:'Ross said.• -_._... _---.... ------_.. _--_.------Spring 19Q1 SPlC Report 27 ADMINISTRATION Dean of Students Apologizes For Trying to Act as Paper Adviser W ASIDNGTON - The dean of stu dents at South Seattle Community Col lege fonnally apologized to two stu dents after mey fileda com plaint that accusedhim of acting as botheditor and adviserof thestudent newspaper. In the five-count complaint. which was filed Oct . 15 in the college president's office, student newspaper editor John Salguero and businessman ager CathyMiller claimed that Deano f Students Robert Logue met with jour AVM \NiSfRATiON= ·A}t>QArtAr1C�5�n be d�iVlng" nalism students on Sept. 10 to discuss college's administration detemlinedtha t of the adviser. the content and layoutof The Sentinel. Logue "did act beyond his authority in "Although I acted with good inten- At thattime, they said,Logue "ass umed two ofthe fivecomplaints:' and recom- tions , it is obvious in retrospect that the role of editor and mandated articles mended mat he write a fonnal letter of errors weremade by me," saidLogue in and placement of articles within the apology 10 the students. his apology letter. paper." "Although dI o notbelieve Dean Logue Although Logue denied that he as- In addition, Miller and Salguero said intended to censor the paper, his in- sumed the role of editor,he said he did Logueassume d therole of adviser with volvement in wanting certain articles in offer toac t as adviser for thepw-pose of out proper procedure and in doing so the paper and suggestinglayoutcould be developingan early editiono f The Sen� "unfairly forced a qualified and gifted construed asce nsorship andwere there- tinel. fac ulty member out of her job." The fore improper," said school President "Although there wasnever anyinten- Sentinel' s adviserr esigned at the begin Jerry Brockey in the resolution of the tion to censor or concrol The Se ntinel, I ning of the fal l semester. complaint. can see now that my actions in this The studentsalso claimed that Logue In addi tion to the recommendation regard were improper," hesaid. did not follow proper procedures and that Log ue apologize, the president "I wantyou tomow thatI am deeply regulations when he reorganized the suggestedthat toavoid future problems committed to student rightsand respon- student government in the summer of thepubli cations board should publish a sibilities and trulyr egretany activity on ]990. list of its guidelines as well as a set of my part which would lessen that In reviewing the complaint, the rulesand procedures regarding the role desirability:' . F,om pog� 26 Monmouth Board, we felt that action needed to be working to res trict your freedom of McBridewas thru tening herfree speech taken to protect the editor, freedom of speech or that of any member of the rights. expression, and our right to no pre-ap Monmouth College studen t body even The Monmouth College StudentPub proval of copy, which we fe ll was im though that is what I said I would do," lications Board also filed a complaint plicitly threatened in his letter," said said McBride. against McBride. The pUblications Muhlena. Kamadulski said as far asshe is con board,which isheaded by studentMartha In his apology, McBride called his cerned the issue is resolved and the Muhlena is responsible for dealingwith criticalnote "hastilywritten" and asked charges against McBride will be sus complaints made by student publica Kamadulski to "chalk this example of pended. "The letter and thethings in it tions against any memberof the college inappropriate behavior on mypart off 10 arewhat we aslcedfor in thegrievances, community. the biggest bhmder of my life." and thelett eri tself is more thancould I "Being the Studen t Publications <£1 want you 10 know that I Wi1l 11Otbe have asked for," she said.• 28 SPLC Report Spflng 1991 ADMINISTRATION Former Law Student Editors Admitted to Bar Despite Dispute with School Over Paper Audit CALIFORNIA - Two fonner Law "The school has made Ballantine saidhe believedthe school Newseditors at theHastings College of had sufficient time to review the audit uw in San Franciscoh ave beenadmit statements about us that andprovide thecertification to the bar tedto thestate bardespi te the colleg e's before thedea dline. Instead,he said,the are still ticking in our bar refu sal to provide themwith good char school sentthe certificationf onns tothe acter certification. files like timebombs." bar withan attached statement that indi James Ballantine and Christina Dal Christina Dalton cated.he and Dalton may have misused ton graduated from Hastings lastspring newspaper funds. Hastings Law School Graduate andwere informed in Septem ber that the Thec ertification forms and the addi schoolwould withhold their goodchar Both fonner editors contend that the tional statements submitted by thecol acter certification until it had fm ished audit was in relaliarion for thepublica lege remain in the fo rmer editors mes reviewing a controversial audit of the tion of several anicles critical of the even though they have beenadmitted to Hastings LawNews. administration. Theysaid they believed the bar, BallAntine said he and Dalton BothBallantine andDalton took and the school was particuarly upset by an are considering legal action to compel passedCalifornia the BarExam in Jul Y . article calling for the resignationthe of Hastings to issue a statement acknowl According to Ballantine, the state bar school's general counsel, Angele edging that it provided "false and mis notified Ihem in November that, be KhachadOUT. leading information" to the state bar. causeof Hasting's reluctanceto provide Theschool said i t wasrequired by law "The school has made statements the certification , the bar would have to to audit The Law News because the about us thatare still ticking in our bar conduct a "moral character investiga paperuses the Hastings narneand shares flIes like timebombs," Dalton said. tion" before admitting them, itstaX-exemptsta tus.Adminis tratorssaid Bo!.h Ballantine and Dalton were reo Although Ihe bar cleared both appli theaudit request was a routineone made centlyh onoredby the Northern Cali for cations on Dec. 17, Ballantineand Dal to all student organizations. nia Chapter of the Society of Profes ton are still considering taking legal Thedispute was panially settled when sional Journalists for "!.heir efforts in actionagainst the schoo l. Ballantinesrud. the former editOrSagreed to provide an keeping !.he ideals of the freepress alive Thedispule between the Hastings ad audit by Sept 14. They said, however. asthee ditOTSof me Haslings Lnw News. " ministration and the LawNews began in that they would not use an accounting "It's a great honor to be gi ven this August 1990 when university officials finn hired by thecollege. Anindepend award by the Society of Profes sional locked the newspaper ' s offices because ent flITll completed the audit and it was Journalists, an organization that pro the previous year's staff had failed to turned in on time. tects and promotes important First tum in an audit of the newspaper' s fi John Andrews, who was on the Amendment freedoms," saidBallanti ne. nances. Ballantine was the editor and Hastings LawNews editorial board last who is working as a solo practitioner in Daltonwas a copy editor and member of year and is now lhe editor inc hief, said SantaBa rbara. the paper's board during !he 1989-90 the audit seemed to resolve thecon flict Dalton is now a criminaldefense at· academic year. betweenIhe school and thecurrent slaff. torney in San Francisco.• School District Backs Paper's Self-Determination WSSOURI- Thec almin theeye of the storm, the lGrk· Using to counter Planned Parenthood's in fluence. wood School District gave its resounding support for the An excerpt from the Birthright ad said: "So make no ri ght of a high school newspaper to develop its own adver mistakeabout it Theabortionist doesn 'tperfonnchoi ce. He tising policy, despite a thunder of protestby paren ts. kills a baby . " The controversy began when theKirkwood HighSchool Many localci tizens claimed that theads were not appro newspaper decided to run Planned Parenthood and Birth priale for a high school newspaper and called on Kirkwood right ads for eight of its 16 scheduled issues. High School Principal Fran klin McCallie to have the ads "It's not enough to 'just say no .' Say KNOW," the removed. Although the 1988 Hazelwood ruling gave high Planned Parenthood ad said in part. "Know what you're school administrators broad cenSOrship powers, McCallie doing.Know the facts. !fyau don ' t know. find OU1. Il'sOX expressed his reluctance to usethem. to askq uestions. Call us," "I knowI have !.hosep owers," hesaid."And I'm not afraid Thestudent newspaper thendecided to acceptadvertising of making decisions. I consciously chose to give Lhe SUl from Birthright afl.er theorganization wanted to run adver· See KIRKWOOD. page J7 Spring 1991 SPLC Report � STU DENT PRESS AND THE WA R Student JoulTIalist Pleads Not Guilty Disorderly Conduct Charge was 'Semi-political,' Says Reporter Wh o is Considering Filing Suit MICHIGAN-A student joumalist at Wayne State Univer sity in Detroit pleaded not guilty to a disorderl y conduct charge and claimed thatarrest his was an attemptby police to "stifle thevoice of the press ." Brian Bell, assistant news ed itor of The SOUlh End, was covering a Jan. 14 rally protesting U.S. involvement in the Persian Gulf at a military recruiting office when he was arrested fo r alleged.Jyusing profanity,blocking pedestrlanand vehicular traffic and shouting, "Hell no, we won 't go!" The arrest ticket also included a felony charge of inciting a riol. Bell called the charges "pretty ridiculous." Bell was only for mally charged with disorderly conduct.a misdemeanoroffense carrying a maJtimum penalty of a $100 fine and/or 90 days injail. At a pre-trial hearingBell pleadednot guilty to the charge and requesteda trialby jury.The prosecuting attorney refused to negotiateor dropchar gesdesp iteseveral overtureSby Bell's attorney. "To them I'mjust anothernumber in the system," said Bell. Refusal to drop the charges is "not maliciousat this point."he said. "!The arrest] was. in my opinion, an attempt to stifle the the incidents involving two of its reportiis Wid a photographer, voice of the press. The First Amendment. in practice at least, he added. is only worth the paper it's written on. £'11 have my day in "Somewhere near theend of thepro test, Deputy ChiefJames court," Bel l said in the editorial run in The SOUlhEnd. Younger of the DetroitPolice Departmentordered me arrested. Bcll'sday in courtwas set for May 20, although thetrial may Redid thiskn owing I wasa workingmember of thelocaI media. be set back by a motion to be filed by his lawyer in an effort S tudentjournalistor professional,this sets [a] dangerousprece to gct access to the police incident report. dent for the press everywhere," Bell warned in the editorial. Dcputy Chief James Younger told the crowd of approxi Bell' s role as a reporter is Ihe basisfor hisdef ense. mately 400 that me protest was il legal about an hour after Bell hasa strongcase because he "wasnot partof the dem picketin g had begun. According to policeofficials , 10 officers onslTation process," saidBell 's counsel,Dan Pe rming. Hewas dressed in riotgear, backedup by 25 more officers.werecaUed interviewing police and military officials and protesters. He in to make arrests when protesters began to block traffic. had a notepad. pen, taperecorder and press credentials in his Fi fteen people, including BeU, were arrested. possession and had cried earlier to interview Younger. the Bell saidthat he was following a groupof officers. tryingto office;- that ordered hisPenning arrest. said. get an interview , when "Younger turned and said, 'Get over PeMing was confident thathe couldprove Bell 's ionocence. there: motion ing to the other side of the street" No reasonable person could findthat Bell hadengaged in illegal "rsaid one word. 'But,' and Younger said, 'That'sit, get on conduct beyond a reasonable doubt, he said. thebu s,'" Bell said. The university Publications Board hasapproved $750 to Bell said his arrestwas "semi-political" in nature. "Thec ity ward Be ll's coon fees . Although thefunds willonly bea "drop of Detroit is not very friendly to reporters," Bell said.There in the bucket" toward theestima ted$4 ,000 $5,to 000court fees . have been at least three other instances where Detroit police the boardre cognizes itsr esponsibili ty to protectrepor ters, said have "detained" journalists while covering stories, said E.1. edi tor in chief Tom Golden. Mitchell II, assistant city editor of The Detroit N�ws. The Bell is considering civil action againstthe c ity of DelrOit.but Detro;( News has asked the police department to investigate fIrstwants to beatthe criminal charges he faces._ 30 SPlC Report Spring 1991 STUDENT PRESS AND THE WA R Community Wages War on Newspaper Political Cartoon Satirizing U.S. Soldiers May Jeopardize Status of College Paper OREGON - Before hostilities broke Responding to the board of directors thatwould have opened staff editing out inthe Persian GulfWar. the Central and angry Bend citizens.ecce presi sessions to the eoccstudent bodyand Oregon CommunityCollege newspaper dent Robert Barber fonned an ad-hoc establishedan editorial board thai.would faced heavy fallout from a political car committee to evaluate the relationship have included a student government toon that hadbombed in thecom Bend between thenew spapercollege. andthe appointed representative. he said. Me munity. Two students and two community dialawyers assured himrecom thatthe Thecartoon wasa satiricaltakeoff on memberscomprise the commi ttee that is mendation had no legal foundation . Dewar's Scotch ads that feature a consideringerent diff form alS- institu Pitnnan raisedo theissue f First Amend "Dewar's Profile," a brief biographicaI tion-nm or independent - for the stu ment rights with the board of directors, description of a Dewar's drinker. The dent-run newspaper. who then nixedthe proposal. canoon, drawn by Broadside staffcar� Editor in chief Todd Pittman was Despitecharges of practicing unethi toonist Jim Winkle, could threaten the able to ward off efforts to institute a caljownalism by critical Bend citizens. independenceof thestudent newspaper, prior review policy. The publications the publications board did not find The according10 editor in chiefToddPittman. board had drafted a recommendation Broadside in violation of any journal ism codes orethics. However, according to Pittman, the DEWA R'S PR OFILE: paper is not off the hook yet. He pre dicted thai the publications board will JOHN VOLUN'I'EER then HOME: The Greet&t.a.Q. consult a mediaexpert and develop AGE: Y ...... """,,£b. t.o be .urN by 1M anotherproposal. reopouibWcietooolJero. of PROFESSION: C4l1trihull>rto Narthrop Pittman bowed to pressure from the And Mdlo..... n DoupuCorporat.\ou. community and advertisersand apolo LATgg)'ACCO� Seal.to !.he M;dd1t remlDdRut II> the AnI>"arid -by gizedin a special4-page edition of the tIuI1b.&r.e �. LASTOOK II READ: HIgb school b.i.IMy paper published to address the contro book. versy. Threats to people's lives and to HOBBY: TeWngjo.... ab".11Muallm •. PROFILE: Admlre&auu,orit y. nnopboblc, coUege funding provided strong incen .leobolic, repreued bolDOlO%UAl. tivesto reverse an earlierdecision not to QUOTE: "Ceo.u..,.., tr.qi ..miull !.>ok !amlIUr." apologize, he said. Thepeper on ly apolo WfN DOI WHAT I DO:Tm rea4yte II" t.o gized fo r the fact people misinter war agaIDatb.oc:auee lnoQ J ..... I. OQ our that .Ide." preted the cartoon and forthe cartoon not expressing itself well. he said. The Broadside alsoapologized to Schenley Industries Inc. and Dewar's for "the inappropriate use of' its ad campaign. The artist also responded to criticism surrounding the political canoon. "The cartoon was not intended to degrade servicemen. but to hi t horne the ... danger of stereotyping," Winkle saidin hisapology published i n The Broadside. '''Thecartoon was strictlya comment on the American media,n ot American sol diers." Pittman said he was confident that what manymed dee an off ensive cartoon was a "matter of laSte, not legalities" after talking with media lawyers. In a full-page ad in the community paper, the Bulletin. college president Barbera pologized to "men and women of our armed forces" for "the hun you Political cartoon that stirred controversy, landed newspaper in trouble. Suo CARTOON, pD8C J.5 Spring 1991 SPLC Report J 1 STUDENT PRESS AND THE WA R Parody Issue Gets Tears, Not Laughs Campus up in arms over mock war paper NEW YORK-An anti-war group at theSta leU niversity of New York-Bing hamtonfo und thejokewas on them after a parody issue of the swdent newspaper unexpectedly backlrred. invadeIraq! Pipe Dreamdid not publish pointedin how little respect fot' freedom Studen ts for Peace in theMiddle East an issue today." of speech there is on this campus,n he was barraged with cri ticism following The Public Safety Department and said. theprod uction anddi stribution of a mock the Student Association were notified The episode brought to light a loop issue of the Pipe Dream with headlines of the incident. The safety dep artment hole in the rules thaI govern student proclaiming "US Invades Iraq" and investigated Pipe Dream's complaint groups on campus spurring the smdent "Drafting SUNY Community" on Dec. and delivered its findings to theBroom government to pass a resolution that 5, more than one monthbefore the actwll County DistrictAttomey 's office,which would rev oke a group's charter ifany invasion. decided not to pres s charges, accord ing member publishes something under A disclaimer appeared in the fourth to publ ic safety director John Schwartz. ano!her group's name. paragraph of the top story. The anti-wargroup also escapeddis The purpose of the parody was to "The attack described above has not cipli naryaction, but not reproach, from "raiseconsci ousness about imminentwar happened. Yet. But many analysts be· thestudent government in the Middle East," Till said. The me lieve that such a scenariois by no means "To deliberately mislead the student dium was selected for its"shock value," improbable given the clDTentsituation," body in this way is highly unethical," which the gro up hoped would "stir de the disclaimer read. read a joint statement issuedby Student bate" about the confl ict in the Middle Thestud ent newspaper protested use Association president Seth ] arreu and East, he said of itS masthead. "Using our name not executive vice president Kit Kwok. SUNYPresident Lois DeF}eurblasted only caused unnecessary panic and The SA rules committee determined the parodyissue calling it an"inse nsitive concern , but it damages theintegrity and at its hearing that therewas not enough hoax." reputation of our newspaper," said edi· evidence to prove that a SA-chartered "While we at this University are tor in chief Robert Sanfiz. group had participated inprod uctionof strongly in support of freedom of ex Using the Pipe Dream masthead the mock Pipe Dream issue. The only pression, we cannot condone any at served two purposes, coalition member disciplinaryaction the SLUdentAssocia tempt to manipulate the power of the Steven Sherman said. The masthead tion has authority to impose is revoca media in a way th at deliberately mis insuredwide readershipbecause !he Pipe tion of a group's charter. Because Stu leadsthe public," DeReur said in a letter Dream is Lhe most widely read paper on dents fo r Peace in the Middle Eastw as to the editorpublishedi n thePip� Dream campus. It also served a political pur nota charteredg roup, theSt udentAsso the following day. pose addressing "what we feel is Pipe dation was unable to take any action SA President Jarreu alsocon demned Dream's abdication of itS responsibili· against it. the hoax. ties and its failure to cover manyother ManagingedilOr Mathew Furman was .. Al;, a student on this campus, I was stories on campus," said Sherman. "disappointed" that the group "justgot outraged that any individuals or groups Pipe Dream immediately tookaction away with it.." but there was "universal would manipulate the emotions of other to correct misuse of its name. Staff condemnation, and that's good enough stude nLS in this way ," he said. members roamed !he campus gathering for us," he said. Despitewidespread denunciat ion, Till copies of the parody paper. The fac t that any action was taken does not fee l thatthe parody issue missed Administratorsrespondedto a request violated thegr oup's free-speech rights. itsmark completely. Thein cident stirred by the paper and printed 4,000 flyers said John Till, a memberof Students for up debate on campusand did not inhibit that read, "The United States did not Peace in the Middle EasL "We'redisap- anti-war organ izing, he said._ 32 SPLC Report 5p(lng 1991 ADVERTISING Student Charges Ad Regulation Discriminatory Alcohol Board Called on to Rescind Policy; Tobacco Bill Planned VIRGINIA-A student newspaper at dation on behalfof the paper. The rec underage drinking. James Madison University in Harri ommendation called on the ABC to Wissinger suggested that "repealing sonburgis trying tostrike a statealcohol rescind its current advertising policy. the regulation would both remove ille advertising policy thatstudel\t journal The fact that the board is willing to gal constraints on the college press and ists argue "unfairly andunlawf ully dis� "compromise theFlfS( Amendment for aUow the Board to explore more effec criminatesagainst studentpublications." the public's best interests is kind of tive ways of enforcing the minimum The ex isting Virginia Alcoholic Bev f1aIY."Wiss inger said. drinking age." erage Control Board regulation states "This unfair singling out of specific that"Ad venisemen IS of beer, andwine publications is IlOllega1.ly viable under Tobacco advertising mixed beverages are not allowed in the 14thAmendment, which guarantees Sludent publications may also be af student publicationsunl ess in reference equalproJeCtion," Wiss ingersaid in her fectedby anattempt toinstiUJte a federal to a dining establishment.. written appealto the ABC Board. "The tobacco advertising policy. Rep. Henry Colleges and muversities called on First Amendment is neither a sporadic A. Waxman, D-Calif., plans to reintro� theABC to define"student publication" nor uneven right. " duce a bill that could posehealth threats at its 1990 board meeting. The board In addition, studiesindicate that there to commexcial free speech and some ruled that a student publication is a is no correlation between exposure to student publications' advenising reve school-sanctioned publication run by advertising and alcohol consumption, nue . students, which is distributed primarily Wissinger said. She further argued that Although the bill did not pass last to people under 21 years of age. barring alcohol advertising from stu year, Waxman plans to reintroduce the Many student newspapers protested dentpublications would not protect stu bill, according a spokesperson of the the regulation, whichthey claimed un dents from exposure to such advertising Subcommittee on Health and !.he Envi.· fairly discriminated against student fromother media ronment. pu blicaLions. Some alsoclaimed thatthe "Restricting students' exposure to The Tobacco Product Education and policy threatened the financial security alcoholadvertising would require meas Health Protection Act of 1990, intro of publications. W"eStoremovesuch publications as Time, ducedby Rep. J UnBates, O-Calif.,would Sincethe ABC instituted the policy in Sports TIlustratedand USA TodLly from have prohibited the publishing of to 1988, The Breeze at James Madison students' hands as well," Wissinger bacco ads in publications primarily di University reported losin g nearly wrote. rected "to those ·under 21 yearsof age, $10,000 annually in advertising reve The stale of Washington Liquor including school. college , or universily nue. Control Board unanimously rejected a media." A publication would beconsid The ABC sent a letter notifying The proposal similar to Virginia's existing ereddirected towan:l minors if 5 percent Bruze of its April 18 deadline to "re. regulation, WissingC'r noted in her pr0- of its readership is underag e. ceive comments and suggestions con posal. The board said that it was con A comm iu.ee spokesperson said that cerning the adoption. amendmmt or cernedthe po licy Would have unconsti the new proposal wiII most 1 ikely mirror repeal of Board regulations." tutionally infringed on commercial Bates' bill. Although a "top priority" of Laurel Wissinger, fonner editor in speech and that there was not enough thec om miuee, no acLionon thebill was chiefof The Breeze, WlOlea recommen- evidencethat alcohol advertisingaffects expected until mi.d-May.• Spring 1991 SPLC Report 33 RELIGIOUS EXPRESSION Are Hallways a Forum? Student Suits Claim First Amendment Right to Distribute Religious Pamphlets in School COLORADO, FLORIDA - Federal ute their materials at theentrance tothe lawsuits have been ftIed on behalf of school at theg be inning and end of the four high school SUldents in Colorado school day. and Florida who areseeki ng the right 10 The students are now fighting fo r the distribute religious literature on school right to distribute the paper in the hall property. ways, he said. Two studen ts atWasson High School At the preliminary injunction hearing in Colorado Springs, Colo., and two at thejudge declared that. until thecase is Tarpon Springs High School in Tarpon settled, the hallways would be consid Springs, Fla., are claiming that their ered a non-public forum and, therefore , First Amendment rights were violated a rule barring distribution there isl egiti when school offIcials tried 10 prevent mate. themfrom giving outfree copies of the Henderson said he believes a t:rial - Christiannews paperIssues and Answers if one becomes necessary - willoccur on school grounds. within the YeM. In the meantime, he Both suits were filed by attorneys said,H emryand Jonesare continuing to working with ChristianA dvocates Serv distribute Issues and Answers outside ing Evangelism (CASE) - a taw group theschool. that was closely involved with a Su At Tarpon Springs High School stu preme Court case last January which dents Angela Byrd and James Harden upheld the right of students to have med suit on Dec. 17 against the Pinellas Christian clubs in their high schools. County School Board after the Board In Colorado Springs, a district court adopted a policy that has been inter .TO BE D'StAl- judge in March denied the student's re preted as allowing distribution for only quest for a preliminary injunction . 15 minutes at the end of the school day, 8UTED OMl1 0M The lawsuit is the culmination of a said Henderson. year-long struggle by Wasson High Thestudents had requested,and were �ER&C students Tracy He mry and KristiJones denied, permission on Dec. 5 to distrib to win the right to distribute Iss ues (JJJd ute their copies of Issues and AIIswers "",sOff stH � AllSWers, said CASE general counsel durin g non-instructional times in the Jim Henderso n. school day - before school, during GROUNDS OllLY. When lhey met with PrincipaJ George breaks, at lunchtime and aft er school, Houston for the first time in OclOber said Henderson . 1989. Hemry and Jones requestW per Byrd and Harde n sought permission mission to distribute the newspaper on al a Jan. 8 temporary restraining order school grounds jusl before the school hearingtocontinu e distributingthe n ews day began,said Henderson. paper while the case is pending. The ,.� STUP�S lAW Houston denied the request saying judge sent thestudents back 10 request ctNr�� RUoRT 'I-IHo that schoolpo licy prohibitedthe distri pennission under the newly adopted bution of religious literature. school board policy, said Henderson . In the months fo llowing the initiaJre Thecourt went into recess without grant could grantstud ents greater freedom as quest. Hemry and Jones met several ing or denying the temporaryrestraining they sawfit, he said. times with the principal and Assoc iate order, he said. According to Henderson, a motionfor Superintendent Paul Kemp. who lold After beingasked at a Feb. 13 school summary judgement has been filed in lhem thal lhe school syste m's decision board meeting to clarify the board's the case, but no hearing date has been was made necessary by the separation of distribution policy, Pinellas County set Byrd and Harden are currently per church and Slate. SchoolBoard auomey Bruce Taylor said mitted to distributc the newspapers I» Eventually. saidH enderson. the school he believedthat 15 minutes after school fore and after school bUI nol during the gave the sludents permission to distrib- was theminimum standard. Principals lunch hour, hc said . -_.... _------_.-....._--_ ...... _...... __ ... _ ...... - 34 SPLC Report Spring 1991 RELIGIOUS EXPRESSION Jr. High Student Wins Partial Victory Total Ban on Religious Materials 'Overbroad,' Door Open to Limited Restriction ILLINOIS - A Waucondajunior high school's prohibition and Aruwersand ftnd thatthe school is correct to have estab against distribution on schoolproperty of all "writtenmaterial lishment clause problems with it However, that does not lhat is of a religious nalllre" was found to beunconstitutional justify a policy thatbans all written religious material," said by a federal court in January. Plunkett in his opinion. District Judge Paul Plunkett ruled lhat while the school The court ruled that the school could no looger enforce its could impose restrictions upon distribution of some religious cwrentpolicy but expressed no opinion on "what potential material,applying thestandard as a blanket prohibitiona gainst policylanguagewouldbeconstitutionally'narrowlytailored'," all religious material was "simply unconstitutionally over "We simply note two things," said Plunkett, "ftrSt, thatlhe broad." current policyis overbroad and not narrowly tailored,and sec According to court testimony. the case began on Nov. 2 ond, thatsome potentialpolicy mightproperly prohibit a pub when 13-year-old Megan Hedges decided to distributecopies lication such asIssues and Answersfrom being distributed on of theChristian newspaper Jss�sandA11SWerson the sidewalk school grounds.'w in ITOI'lt of Waucooda Junior High SchooL Because Herlges, an eighth grader at the school, was not on school property at the time of distribution she was not repri manded. She was informed, however, that a school policy enacted on Nov. I prohibited distribution of any written material of a religious narure while on school grounds. Hedges filed thesuit claimingthe restriction was unconsti tutionaJ and sought a preliminary injunction prohibiting tile school from enforcing the policy as it applies to religious literature. Wauconda SchoolDistrict Superintendent Darre ll Dick said the distribution restriction was consistent with the establish mentclauseoftheFirstAmendment. The establishmentclause has generally been interpreted by !.he courts as a mandate for the separation of church and state. According 1.0 Dick, allowing junior high school ch ildren to distribute religious literatureon school propertywould violate the establishmentclause if "by reasonof !.heir immaturity and impressionability" the students assumed the school espoused the beliefs presented in the material. The courtgranted Hedges' motion for a preliminary injunc· tion sayingthat, although !.he school had"demonstrated ac om pelling state interest in the prohibition of the dislribution of �� NO RIOttftFORRRleaousLn-� written religious materials to junior high school studems," its HEfZ£_ THIS IS JI"" ...5TtTUTIOAI FOR tEJIR.NI� G, -..nT policy was overbroad. TlII"Il'ING� "We have closely examined a representative issue of Issues Cartoon Frompage3J that we must provide more guidance to defended the free-speech rights of the have experienced from the political our studentsin thislearnin g process,"he Broadside cartoonist and editorial staff. cartoon printed in the studentpaper." He wrote. "We needto stepback and remember alsoconceded thatas a veteran he found A local committee, Citizens In Sup what our loved ones are fighting for," . the cartoon "personally offensive. , port of TheTroops . "recommended the saidRita P earson, a communitymember Barberexplained how theepisode will editor either resign or be dismissed for and formerCOCC student, at the Feb. 5 affect the role of the administration. malfeasance or nonfeasance," said Greg meeting of the board of directors. "[Olur job is to provide opportunities Walker, a committee leader. First-year "Thetiming of tilecartoon reaHy stunk, for students to use.this free speecheffec adviser David Duranshould be replaced but thal'Sall waterunder thebridge, and tively and responsibly. by "a competem and knowledgeable wejustneedlOgo on from here,"Pitunan "The impact of the incident indicates adviser," he added. But some people said .• ._----_._------Spfjng 1991 SPLC Report as ACCESS Public Has Right to Sex Ed Materials College Appeals Decision Claiming Chill of Academic Freedom NEW YORK- A Long Islandman's In addition, the college claimed that, or deliberative in nature." three-year battle for occess 10teaching because they could be classified as "in Accordingto Russo' sattorney Robert materials usedin a college sexeduca ter-agency ex intra-agency" materials, Van Der Waag, Rosso wanted to view lion course will continue when an ap course materials wereexempt under the the materials becanse bewas interested pellate court hears the case later this freedom of information statute. inwhat was being taught at thecomm u� year. Section87 of theNew YorXFreedom nity college. Nassau County Supreme CourtJus of Information Law stateS that all gov "If state supported colleges serve a ticeGeorge Murphyruled in April 1990 ernment agen.cies must make their rec public purpose, it beggars theimagina that county resident Frank Russo did ords available for public inspection and tionbelieve to that the First Amendment have a right of access under the New copying. An agency may deny access to forbids theNew Y Oft StateLegis1a1ure York Freedom of Information Law to records lhat "are inter-agency or intra frompermitting membersof thepublic the materials usedin a NassauC ommu agency materials which are not [m al to seethe materialsare that being used to nity College course titled. "FamilyLif e agency policy or determ inations." achieve that public pwpose," Van � and Human Sex.uality." In his Apri l 1990 decision Murphy Waag said in a cowt brief supporting The college filed an appeal in Sep called the college's refusal to let Russo Russo. tember and the New YorkCivil Liber view the maLerials, "lamenmble as in Student Press Law CenterExecutive ties Union. the Long Island Coalition congruous,timid. suspect, groundless and Director Mark Goodman expressed his Against Censorship and the American totally unjustified." support for Justice Murphy's decision Association of University ProfesS0J'3 "It appears to thiscourt that thecol and his disappointmentin the0rganiza aU filed briefs urging the court to re lege, by viewingLhis statute as a threatto tions that are contestingthe ruling. verse its earlier decision. academic freedom. totally misreads. "It's unfortunatethat lhese groups that Russo filed his claim in June 1989 misunderstands and misawlies FOIL's have traditionallybeen alliesthe of stu after college President Sean FaneUi highPIJI1>OSe, worthy ob jective andlim den t press have taken a position that denied Russo's repeated requests the ited application," Murphy said. could do great damage to the rightsof year before to view thecourse ma.t.eria1 Murphy also dismissed the college's journaliststo gather information," said claiming that, becausethe of con trover claim that the materials were exempt Goodman. "They don't seem 10 under� sial nature of the materials, academ ic under FOIL. Because the materials had struld the importance of the public's freedomwould be "chilled"at theschool been authorized by the college andused rightto know." if they were available for inspection by in the classroom for years, Murphy said, Van Del' Waag said no date has been the general public . they "cannot possibly be epr ·decisional set for the appeUate court hearing" State Law Protects Student Employees' Privacy CONNECTICUT - TheUniver sity having theirnames re vealed 10 thenews� closure of ... names or addressesstu of of Connecticutdoes not have to reveal paper. dents enrolled in any public school or thei dentity of student employees of the The Daily Campus then rued a com college without theconsent of eachstu school's public safety office, the smte plaint with the CoMecticut Freedom of dent whose name or address is to be supreme courtruled in February. InformationC ommission claiming thatit disclosed ...... The case began in 1987 when Karen was entitled to all 55 names. The com The student newspaper had argued, Ali.a reporter for the Student newspaper mission ordered the university to reveal with the Freedom of Information TheDail y Campus. requested a list of the infonnation and the university ap Commission 's support, that theprovi theswdentswho worked for theschool's pealed. sion only applied tos tudentswhose sole policed epartment writingparlcing tiele: In itsdec ision, Un iversityof Connecti affiliation with the school was as stu ets, providing escort services for stu cUI v. Freedom0/ In/ormation Commis dents. SUldents who were hourly em dents and supplementing dormitory sion, 217 Conn. 322 (1991), the supreme ployees in jobsunre1rued to theireduca security . court noted that the state open records tional experience, they said, should not The director of the department only law had a specific exemption that al becovered by the ex.emption. gave her the names of 13 of the 55 lowed the school to deny access -to the Thecourt disagreed. It said therewas student employees. The other 45 Stu information. Thatprovision says,"NoLh no reason "to depart from the plain dent workers said they objected to ing '" shall be construed to require dis- meaning of the statute.' .. 36 SPLC �eport Sptlng 1991 CONFIDENTIALITY Court Protects Source's Identity Judge Upholds Reporters' Privilege by Withdrawing Order to Hand Over Notes KANSAS - A student reporterwon his batUe to maintain harassment andconspiracy to inflictemotional damage. a confidentialsource w hen a statedistrict cowt judge upheld The VanMilligans saidth ey believed thatwhile Fast was ' thereporter s qualifiedprivilege against compelled discl� coveringthe story for theSunflower, he acquiredthe name sure of the source and other unpublished storymaterials. of a Kappa Sigma memberwho the VanMilligans say set The ruling came as a reversal of an earlierjudgment that rue to theirJeep inJuly 1987. would have required Jeff Fast, a reporter for the Wichita Afterthejudge'sorderthat Fast turnover his notes,Fast's StateUniversitySwiflower, tomrnoverhis notes anddrafts attorneyPat Doran, med a motion for reconsideration.At an of a story for the judge's review. Aug. 20 hearing Roysewithdrew her order, saying that the In theinitial ruling, which cameon June 11. 1990,Judge VanMilliganshad not shown enough evidenceto overcome M. Kay Royse ordered Fast to turn overhis notes SO she Fast's qualified privilege. could detennineif thesource in his story was a defendantin She said, however, that Fast still had to appear a1 a thepend ing la wsuit. Ifi twasderermined that the source was deposition, where he was advised not to answer any ques a defendant.the judge ruled,Fast could not asserta privilege tions relating directly or indirectly to the source'sidentity, against giving a deposition. In legald isputes, a reporter'sprivileg e is balancedagainst "It isimportant that a journalistnot beused by a defendant a party's right to acquireevidence in order tohave a fairtrial. to circumvent appropriate discovery proceedings in this Fast was also called as a witnessw hen the case went to coun. And if it istrue that the alumnus who isthe confiden� trial in January. Although Doran contended that Fast's tial informant is also a defendant in this lawsuit. then we testimonywould berepetitious, Fast was requiredto testify. have, I think, a serious problem," Roysesaid inher June 11 According to Doran, Fast lOOk the stalld with the under decision. standing that none of the questions would involve the Fast was subpoenaed by James and Jane VanMilligan. confidentialsource. who filed a $2.1 million lawsuit accusing members of The VanMiUigans chose not to filea motion to compel Wichita State's Kappa Sigma fraternity of trespassing. Fast to revealh is sourceduring the testimony,said Doran .• Kirkwood FrOMpoge19 offensive to good taste or public de thestudents decide wh ether or not to run cency based on theopinion of the staff; theads. Theyfurther claimed thatby not dents input into the process." • the staff will not accept ads that are involving parents in the decision-mak The issue was raised at a November racist. sexist, illegal for high school ing process. thedistrict had undermined school board meeting. McCallie an students or that violate other standard parental authority. nounced that he would supponthe Call journalistic principles; Studentscountered the action by local staff in making its own decision. in a • and advertising that is accepted is not residents with a petition of their own. writtenstatement h e prepared duringthe an endorsement from the staff, the ad They were able to gamer more than meeting. viser, or the administration. l,OOOsignatures b ack.ing the Call adver "For myself and other staffers, this The 27 Call staff members also de· tising policy. has been a real learning experience," cided to continue running the Planned After such strong attendance at both saideditor in chief Michael K. Griffin, a Parenthood and Birthright ads. the February and March school board senior. "In order tobe bea goodj oumaJ The boardof education approved the meetings by residents concerned.about ist. there has to besome controversy. If advertising policy drafted by the Call the issue surround ing the student there isn't controversy.th en ajoumaJist staff with the help of adviser H.L. Hall. newspaper'sadvertising policy at Kirk isn't doing the job." "I was extremely pleased with the ad wood High School, the board called a A month after the board meeting, the policy and the breadth of the decision special meeting in mid-March to tty to Call staff adopted a new advertising process," said Thomas Keating, super resolve the issue once and for all. The' policy, but only after examining adver intendent of the board of education. schoolboard once again renderedunani tisingpolicies from 45 professional and The decision by theboard did not stop mous supportfor the self-determination school publications. parents from pursuing the issue. A peti of The Call to a cheering crowd esti Thenew policy states in part tion was circulated in January in an mated at 400 to 500 people. • the staff reserves the right to accept, attempt to convince the school boardto 'Tm ecstatic," Principal McCallie reject,edit or cancel any ad; reconsider its position. Nearly 1,500 said. ''I'm gratified that the Board of • advertisings hall befree of statements, signatures were collected. Petitioners Education hasu s pported the r. ,aturilyof illustrations, or impli cations that are said that the board should not have let our students. ... Spring 1991 SPlCRepvrl ..>7 FRIENDS The Srudent Press LawCen ter grate fully acknowledges the generous support of the following institutions and A individuals. wi thoutwhom there might not be an SPLC and witbout whose support defen ding the free press rights book of student journalists would be a far more difficult task. (Conoibutions fiomNov ember27, l990. worth - April 26, 199 1.) Beneractors ($500 or more) reading. Ameri can Newspaper Publishers Association Foundation College Media Advisers Now includes Thomas E. Eveslage (FA) Hazelwood v. Kuhlmeier Rorida Scholastic Press Association supplement. Iowa High School Press Association Journalism Education Association Los Angeles Times Lawof thll Student Press, II fo or·yeor project of the Student Prt:M Law Center. is the /irst Quill and Scroll Foundation book ever to orter an examination of �I �lle8 confront.ing Amenclln'. atudentjoumal ists, Southern California Journalism advisers lind education administnltors OD both the high school and college levels . The boolc is underalllndable Rnd readable without giving up the essent;"1 material needed Education Association for an in· depth understanding of the legal relationshiJ)9 involved in the product.ion of dudent Th e Washington Post Mwtp6pera, yearbooks and electronic media. Topic¥ covered include libel. obscetiity, copy right, prior review, censorship end m;xIel, publications guidelin� Washington Press Club Foundation Law ofthe St !JJkltl Prasi, availabk IIOW. Copies art oul)' S1.5O. To order. .end a cbeckfor thai amOUDt, payable to "Quilland �So:roU, to: Supporters ($ 100-$499) La w of the Student Pre� J. Marc Abrams (OR) Quill and Scroll Association for Educationinlournalism School of Journalism and Ma.Comm unica.tion University of Iowa and MassCommunication - Iowa City, IA 5224 2 Newspaper Division Mary Arnold (lA) John Bowen (OH) Inc. (GA) Publications (KS) Dorothy Bowles (TN) Philip Robbins (V A) James Tidwell (IL) ColoradoHigh SchoolPress Association Tom Rolnicki (MN) LauraW idmer (MO) Gary and Elizabeth Dickey (SC) Student Media Company.Inc. crX) John Dycus (TX) Walt Whitman High School(MD) In terns hip opportunities with the GanneU Foundation SPLCare availableeac hschool semester Mark Goodman (DC) Contributors ($25-$99) and duringthe swnmer for college and Great Lakes Interscholastic Press Julian Adams (CA) law students with an interest in media Association Ames Senior High School (IA) law. Interns write and produce the Nancy Green (MO) Robert E. 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