WInte-r 1989-90 Vol. XI. No. 1
Typically. students� begin their search for the perfect school ' "<>
OD Ibc ,Icayes paa of colJeae
catalop. The aJ,istening pholos of
campus scenes make colleae look '
like a fun pIacIe tobe.
CoD .. are happyto diISPlay their offerinp 00 athletic pt'OIr&J1ls, social clubsandlibrary facililits 10 prospectiveItUdenI&.
However. theyare DOl always so eqer 10 rcpon about campus crime. Jeanne aery chose Ldliah
Univcnhyfor its beautiful campus.
Spread over 1.600acres. lAhiah lookedsafe very and serene. she t
Ioid her mother Connie.
Jeanne's freshman year trqiaUy ended. howcver, when she was brulally bealen, raped and murdered in her l.ehi&h donn room.
(coniinutXl011 pllgl' 4) Students battle for access While colleges protect their images CO-EDITORS Mary Reed CONTENTS Ohto Uni".rsity
Pomela Tope COVER STORY
RU1Qefli Unill8l'81tv . . .. Crime statistics legislation introduced . . 4 WRITERS Criticism of crime statistics legislation ..... 7 Knst! Miles Mike Hiestand f Colleges refuse to open security records '" 7 N IOnat law Cen! CotnellUI\N School George WashIngtOn UnlVers.ty COVER AWARDS Jack Dickason ...... Scholastic Press Freedom Award ...... 3 ART .. .. . Iowa senator receives JEA award ...... 11 Mike Corey Stephen Aounuee Caltlenne Grcmmon BobSteake Jeff Masilun Keith Tumer ADVERTISING Seon Miller Adam Ven Wyk . Congress attempts to restrict alcohol ads. 8
. . execurive direc ror Colleges battle alcohol ad restrictions. ... . 1 0 Mark Goodman adm;nisrra trve assisrant LEGISLA-flON Ceclly Patterson . 9hio joins battle fo r free expression ...... 12
. New bill proposed in Washington state ... 12
...... Budget session to see Wyoming bill 12
...... Hawaii bill vetoed, will try again . 13
...... School board backs Kansas bill . . . 13
. .. New Jersey bill waiting fo r a vote ...... 13
...... lllinois bill to be reintroduced ...... 14 Copyright law applies to universities ...... 14 COURTS Anti-harassment policies
. . . unconstitutional...... , ... 1 5
...... Lodestar suit is settled...... 16
. ... Court says opinion is protectedspeech . 17
. . Court allows free religious ex.. pression . .. t 8
...... Indian Leader publishing again . t9 Supreme Court redefines commercial speech...... 20 CENSORSHIP
New publishing . board at Pack Hill...... 21 censor Principal tries to nude painting . .... 2 L
. Catholic college revokes bill of rights...... 22
...... SGA president impeached ...... 23
... . Nazarene college to revamp yearbooks . 23
. . . Cal.law protectsstudent publication . . ...24 WKPX: 7 years of interference may end . . 24
...... Adviser submitsto prior review ...... 25
.... Duquesne createspublications board.. ..26
...... Winning cartoonraises eyebrows . . 27 Award winningIndiana adviser still out...28
. Fired professo rfightsfo r reinstatement.. . 28
.. . . CSU-LAfires another adviser ...... 29
. Reassigned Cal. adviser going to court . ... 30
The SPLC Reporr FOI SPLC R'PQtf (I OI�l8ll), published Ibm limn CKh year by lummariza cumal contrOvcrUes wants ...... 31 1M ludont Prn5 La Cmler. Auburn Plainsman FOL ...... mom inV()! illl studtnl prns ri&hlS. TIlt SPLC hpon is � ...... Police investigate alleged news leak. .. . 31 inlCmS. and prodU«d enurrl)by joumllhsm Ind law.. udent Studenl Press La enlCT bpon. Vol. XI, No. I. Winter 1989-90. is published11)' the ludml Pre:$! LawCenler, SuiIC SCM. I73S EyeStreet.. LEGAL ANALYSIS I'IoOW . WuhinllOn. OC _0006 (202) .t66-S242. Copyriaht C 1919. What the law says abouthidden cameras .32 Siudent Pm Law Crnter. "II rilhl. n:K'I'Vcd. Vmrty subKTipllool to Form 99O's provide ...... tile PtC R� Ie S 1500 .,tJ1 conlnbuuons arc Wl dcdutLibie. A info rmation ...... 33 n Oft subscnpll rdrr fj appc:an pile .7...... rm Keeping confidentiality In...... 35
:2 SPlC Report Winter 1989-90 ROUNDUP Crime prompts another battle for news media
The cover story in this issue But once again, student journal� the Supreme Court's damaging of the Report focuses on one of ists have indicated they are not Hazelwood School District v. Kuhl· the most troublesome issues facing going to give up on their efforts to meir decision that allowed more the college media: access to infor report the information their cam censorship of high school newspa mation about campus crime. This pus needs without a fight. Several pers, the college student media past fall, the SPLC received an student newspapers are on the believe a free and vital press is average of two calls a week from verge of going to court over access worth fighting for. college editors and reporters who to police records and many others were being denied information by are supporting state and federal The Student Press Law Center campus police or security officers. legislation that would help stop commends the dedication of stu It seems that in the minds of some the cover-up of campus crime. dent journalists around the nation school officials, a college or uni� Like the high school students to this cause and offers our versity's image is more important and advisers who have gone to continuing support for your ef. than the safety of its students. their s�te legislatures to undo forts .•
Press freedom honor goes to former Duquesne news editor
WASHINGTON, D.C.-The University of Pennsylvania to "McNamara and the Duke fonner news editor of the stu let Duquesne students know stood up for the notion that dent newspaper at Duquesne what had happened to their censorship of advertising is no Univenoity in Pittsburgh, who publication. more tolerable than censorship led the fight against a student During the controversy that of editorial content." government shut-down of his followed the censorship inci "Many students, commercial publication, has been awarded dent, McNamara and the Duke journalists and concerned citi the 1989 Scholastic Press Free� staff continued their hard-hit zens played a part in the battle dom Award. ting coverage of the student at Duquesne," Goodman said. The award, sponsored by the government and made their "But McNamara was the driv� Student Press Law Center battle for press freedom one ing force in requiring the stu (SPLC) and the National Schol that reached the pages of the dent government and the astic Press Association/Asso national news media, including university to justify their role as ciated Collegiate Press, is given the Society of Professional censors to the student body and each year to the high school or Journalists' magazine, The the nation." college student Of student news QUill, and Editor and Publisher. The 1989 Scholastic Press medium that has demonstrated Before the school year was out, Freedom Award was presented outstanding support for the free McNamara uncovered for the to McNamara in November at press rights of students. Duke's readers the fact that the the Associated Collegiate Sean McNamara, a former student government president Press/College Media Advisers Duquesne student who has behind the newspaper's shut national convention at the New since transferred to St John down had used univen;ity funds Orleans Marriott Hotel. Fisher College in Rochester, to have his car released from a Nominations for the Schola� N.Y., was news editor of the city impound lot and sent in his tic Press Freedom Award are Duquesne Duke when the Cath law school applications using accepted until August I of each olic university's student govern the uni versi ty' s Federal Express year. A nominee should dem ment association shut-down the account num ber. onstrate a responsbile represen paper in February. The newspa In selecting McNamara for tation of press freedom through per staff believed the the award, SPLC Executive Di writing or actions and the abil;'" censorship was in retaliation for rector Mark Goodman cited the ty to raise difficult and nec an advertisement they had pub tireless efforts of the student essary issues in news coverage. lished for a family planning journalist in using wide-ranging Previous winners of the service. public pressure, including local Scholastic Press Freedom Several days after the shut� and national media attention, A ward include the three high down, McNamara led the staff to demand press freedom for school students who took their of the Duke in producing a students. battle for student press freedom four·page issue called The Free "Attempts to control adver to the Supreme Court in the Press with the assistance of the tising in student publications case Hazelwood School Districl student newspaper at Indiana are growing," said Goodman. v. Kuhlmeier.•
Winter 1989-90 SPlC Report 3 COVER
Campus tragedy prompts disclosure legislation
(cQnlinuetifr om cover) Student Press Law Center Exec During the pre-trial bearings utive Director Mark Goodman against Jeanne's assailant, the a said, "The bill will help student erys learned more about the J...e.. publications more readily uncover high University security system. the information their readers need "Lehigh had virtually no securi to protect their health and safety. " ty on campus," Jeanne's fa ther, He said that while this is a posi Howard Cl ery, said. tive step in the right dir ection, it He said that the university ad is not enough. ministration knew about chronic "Students are still being denied secu rity problems on campus and immediate access to campus pa had done nothing to re ctify them. lice and security reports because The Clerys sued Lehigh Univer of the shoal officials' interest in sity fo r negligance and were avoiding negative publicity," he awarded an out-{)f-«>urt set said. tlement of$2 million dollars. The student media can play an With their settlement, the 0- important part in preventing cam erys fo unded the non-profit orga pus crime by reporting it when it nization Security On Campus, occurs, according to Goodman. dedicated to assisting otber uni However, several schools deny versities in improving campus se student reporters access to campus curity measures and to supporting security records (see page 7). legislation to require colleges to For the Oerys, the battles fo r release campus crime infonnation. campus security reports are im "Universities do not hold portant ones. themselves responsible fo r campus "[WJhen your kids go off to crime and many will not release school you have a wonderful fee l crime statistics to people who ing." Mr. Clery said. "Connie and have a right to know," Mr. aery I did the same in September 1985, said. and we bought into tbe medieval The Oerys have since traveled myth that most college campuses all over the country to voice their (areJ safe. And, to our horror and concerns and support legislation. sorrow we fo und ou t they [aren'tJ. As a result of their efforts, It is fo r this reason that we fee l it the penaltywould be $1,000. several state legislatures have is very important that legislation An effort by the U.S. Congress adopted and others are consid be enacted." • to require coll eges and universities ering bills that would require col to report campus crime statistics Current Legislation leges and universities to report and security measures has also ca mpus crime statistics and dis PENNSYLVANIA - The CoHeg� been i ntroduced and may preempt close securi ty practices. and University Security Informa the battle fo r t hose currently lob The College and University Se tion Act in Pe nnsylvania was the bying fo r such action in their curity Information Act, the first first product of a nationwide cru states. state law requiring schools to re sade by the Clerys to improve The fe deral legislation was in port crime statistics, was passed in campus security. troduced in September by Rep. Pennsylvania in May 1988. (See William Goodling, R·Pa. Good The state law requires aU col Fall 1989 SPLC The law Report). ling said he intends to insure the leges and universities to supply was passed after intensive lobby uniformity and consistency in re on-campus crime data to the state ing by the Clerys. porting campus crime statistics police. The police are then respon Similar legislation has also been nationally. sible to give the data to the FBI passed in Florida, Louisiana and where it is com piled in the Uni Goodling said the federal bill Tennessee. New York., New Jer fo rm Crime Report, an FBI docu owes its inception to the efforts of sey, Massachusetts, Missouri, Cal ment describing the nature, the Clerys. "There can be no more ifornia, and Delaware are also volume and extent of crime in a memorial to the r considering campus crime legis fitting i daughter, given area. lation. The penalt)' for non-corn Jeanne, who was slain on ca mpus, pliance to the legislation would be than a bill which seeks to prevent The law mandates that the fe d SLO,OOO in all states except fo r the reoccurrence of such tragic eral reports describing campus se Tennessee and New York where losses," he said. curity policies, procedu res and
<1 SPlC Report Winter 1969-90 COVER
crime statistics must be provided Congress joins the FOI battle to all admissions applicants and every new employee. Also, the infonnation must be distributed Bill woo Id preempt state legislation annually to aU current students
and employees.• . WASHINGTON, D.C. - Repre eurity policies and to provide ti
FLORIDA - The Florida'Postse sentative William Gooding, D-Pa., mely information about campus condary Education Security Infor introduced the Crime Awareness crime. The students and other mation Act was adopted in June and Campus Security Act of 1989 members of the campus commu 1989 to make campus crime statis in the House on September 26. nity can then make infonned deci tics and campus security measures The language of the bill is based sions about their own safety." publicly available. on that of the Pennsylvania law. The biU is waiting to be heard Committee on Joe Baker, legislative assistant 'While several state legislatures in the House Edu o A to the bill's sponsor, Sen. Don have adopted or are considering cati n and Labor. representa Childers, D-Palm Beacb City, said legislation to require schools to tive from Goodling's office said n the Postseco dary Education report campus crime statistics and the bill is currently taking a back: h Planning Commission and t e de campus security practices, Rep, seat to several budgetary issues partment of education are current Goodling said, "The bills are not and probably will be heard ly working to develop guidelines uniform in their requirements and soon. _ to implement the legislation. standards." MASSACHUSETTS The Baker said the penalty for non When he introduced the bill, Massachusetts legislation, spon compliance will be left up to the Goodling said that the Act will sored by Rep. William Galvin, D Department of Education.• insure the uniformity and consis AUston-Brighton, will make col LOUISIANA - Campus Crime tency of reporting crimes on cam leges and universities report crime Act 543 sponsored. by Rep. Vin pus by requiring aU colleges and statistics annually to current and cent Bella, R-Berwick, was universities that participate in fed prospective students and employ adopted in July 1989. eral student assistance programs ees. The Louisiana legislation dif to submit annual campus crime Galvin said he introduced the fers from the bills in other states information for the FBI Unifonn bill because it will discourage at because it gives control for devel Crime Report. tempts to conceal crimes and it oping a standard and enforcing would wiU identify the methods by which the statute to a management He added that the bill of students and residents can learn of board. The board regulates the require timely reporting cam pus crime by institutions of higher campus crime. various schools' policies and de education and private and resi Sue Cooper of the Massachu termines what the penalty for non setts Department of Higher Edu compliance will be. dential colleges and would require cation said House Bill 5010 was According to a House Educa that they report crime statistics to introduced in the House Ways tion staff member, the manage state police on an annual basis for and Means Committee in April. ment board is an entity of the publication and dissemination to a recen".( students and employees. The an She said that due to state constitution so it has the influx cam of calls she expects SOT'.11e power to enforce state laws as they nual reports would describe r action on the bill shortly . _ pus security policies and applyt o state coUege anli universi " regulations and campus crime sta ties.• NEW YORK - Senate Bill 893J recent three tistics for the most sponsored by Sen. Kennelth La TENNESSEE - The College and academic years. Interim reports Valle, R-Centereach, was University Security Act, enacted intro 'would also be required. duced in 1989, but never in Tennessee in July 1989, was the went to The bill says colleges wiU be a vote. result of heavy lobbying by the responsible for distributing these laValle's assistant director of parents of a sophomore at the annual reports to all students, communications, Joann Scalia University of Tennessee in Knox employees, prospective applicants sajd that due to an increase in ville who was murdered in 1989. and their parents. public interest, the pill is being Modeled after the Pennsylvania In hlS proposal Goodling said, amended. legislation, the Tennessee law "While Congress ultimately can "The portions of the bill ad makes crime statistics available not legislate the safety of young dressing who the colleges will be upon request to all prospective people at institutions of hlgher required to disseminate the infor employees and students and re education, nor can it legislate mation to and the penalties are quires that all students be in sanctuaries free of the violenoe of currently being reviewed for possi formed that tbe infonnation is a larger society, it can encourage ble revision," she said.. available to them upon reQUest. those colleges and universities that Scalia said as it now stands, the Failure to comply with the law benefit from federal student aid bill would require colleges and is considered a misdemeanor.• programs to establish effective se- COlllin�d on /Xl4t 6
Winter \989-90 SPlC Report 5 COVER
conti1lued/TOmpage S Arm i lage also ex- r:======:::;:::::;=';:;;;::j;;;;=� universities to send campus crime plained that it is difficult info rmation to college applicants to insure fai r reporting of and to the general public upon campus crime statistics request. The penalty fo r failure to across the board because comply would be a $1.000 fine. each college has its own Sealia said the bill will be re system for reporting cam introduced in the Higher Educa pus crime. "If one college tion Comminee in January makes it easier for a stu 1990.• dent to report a crime their statistics might ap NEW JERSEY - Senate Bill pearhigher than others." 2932, sponsored by Sen. Raymond Jester said she would Salem Zane, R-Goucester. and continue working with ad Cumberland Counties, is currently ministrators at the Uni being held up in the Assembly's versity of Delaware, until Higher Education and Regulated the details can be worked Professions Committee. out . A representative from Zane's office said the bill is extremely MISSOURI - House important to Zane. "He has put a Bill 75 died in the Educa- L------"""I;'S:n;;:;:'IlI:� ot into the bill, and it would be a l tion Committee in Mis- C� lM9. USA T.. .J ...... wilII � crime f it doesn'tpass," she i said. souri. According to the "The bill t rough the CAlJFORNIA - Senate Bill sailed h bill's sponsor, Rep. Bonnie Sue Senate " she said., "but now we 1358. also modeled after thePenn Cooper, R-Kansas City, she will seem t have into kind sylvania law, was introduced in � run some file the bill fo r the second time in of road block [in the Higher Edu March by Sen. Art Torres, D-Los January. Cooper saidthe first time cation Committee]." Angeles County, and passed unan around, Education Committee A spolcesperson for Higher Edu imously in the Senate and by � Chairman Ken Jacobs would not catio Committee Chainnan Mo overwhelming majority (62-5) Ul n hear the bill. ran said the bill is currently being the Assembly, "Jacobs is a representative in held up because of the upcomi�g On Oct. 2. much to Torres' Columbia where the university is elections in New Jersey. He saId surprise and dism y, Go . Geo�e located," Cooper said. "[His] atti a ,:, he does not fo resee any opposi Deukmejian vetoed bill. While tude is to protect the university. the tion. the Governor said supports the Up until now, the universities he "Moran is an administrator intention of the bill to improve have been so good at finding ways himself and he thinks this is an campus safety, Duekroejian said to hide [crime] stats." important bill," the spokesperson he is concerned that it would be , said.• Jacobs did not deny that he is too costly, estimating the bill there to prote<:t the interests of the would cost the stale school system ri,-gLAWARE - House Bill 474 university. "The university in $450,000 annually. was' , introduced in the Delaware cludes the administration, faculty "The governor's estimate is Educ';ation Committee in June, but and students. It is my job to negligible," countered Sen. Torres' nevefl received a hearing. Rep. protect both the students' security press secretary Peter Blackman. Katharine Jester, D-Southem New interests and the university's pub "Schools could publish the cam Cast\e County, sponsor of the bill, lic relations image." Jacobs said pus crime infonnation in a course said she will reintroduce it in that he would not compromise catalog or any other public medi Janiiary 1990. one for the other. um." Director of Student and Local While Jacobs believes that cam Government Relations at the Uni "The bill passed through the pus crime information should be Means versityof Delaware Rick Annitage Assembly Ways and Com available to anyone who requests mittee and that is usu y a said he is working with Jester on all where it he said that the bill will not fisca hold-up occur the bill. l would ," he s lve the security problem. "We think the bill is good, we � said. just want to malce sure it is thor Cooper stressed the importance "When we learned of the gover ough," He said that there are of the bill and said she will re nor's veto, we couldn't understand loopholes in the bill that need to introduce it in the next session of it. We were flabbergasted." be addressed because it does not the General Assembly starting in Blackman said Sen. Torres will define who will oversee the fo nnat January 1990 and promised to either attempt to override the gov and production of the crime infor work diligently toward its pas ernor's veto or reintroduce the bill
mation to be released. sage. • in January 1990 . •
6 SPLC Report Wlntet 1989-90 COVER
Critics argue against campus crime legislation.
Not everyone supports the reporting campus crimes, so they incident report. More importantly, new and proposed campus crime are not always accurate. underreporting is no justification legislation. Several arguments Connie Clery admits that the for not reporting campus crime at have been J1lised about the con state legislation cannot stand all," Goodman said. tent of the bills. alone. She said, "Federal legis Cotton also said there are prob Clare Cotton, president of the lation will help because [it says] if lems in in terpreting the statistics. Association of Independent Col schools do not send in a report, "While the FBI Uniform Crime leges and Universities, opposes they will not get federal funding." Report (UCR) g,ives a nationwide the legislation because he said the Cotton also said it is difficult to view of crime based on statistics statistics will do nothing to help report crime accurately due to the contributed by state and local law crime. Cotton said there is a lot of confidentiality often requested by enforcement agencies, population room for inaccuracy and misinter victims of crimes. He said, "If a size is the only correlation of pretation. victim chooses not to press charges, crime utilized in the publication "Under the new legislation, col the crime gpes unreported." of statistics." leges and universities are required Student Press Law Center Exec These statistics are certainly to report crimes to state police, utive Director Mark Goodman better than nothing at all, Mrs. who in turn report them to the rejected this claim. Clery said. "Students h ave a right FBI." Cotton said that many col "A crime victim doesn't have to to know about crime that exists at leges have different systems for press charges for there to be an their school." • Students may challenge Buckley Amendment
D espite laws requiring col The Daily Helmsman sent a open records law. In a letter to leges to release campus security letter on Sept. 20 to the security SMSU's Student Publications Ad information, many institutions are director asking the department to visory Board, University Rela refusi'lg to open their police and provide the reports on a daily tions Director Paul Kincaid security records to student jour basis, arguing that the records are stated, "Security office records, nalists. classified as public according to l ike other educational records, are In denying access to security Tennessee law. Security replied protected under FERPA. Educa records, colleges often cite the one day later, saying the reports tional records, as defined by Family Education Rights and Pri would be available every weekday. FERPA, are exempted from the vacy Act (FERPA), also known as The university's prom pt ac Missouri Sunshine Law." Missou the Bucldey Amendment Enacted quiescence may have been trig ri's Sunshine Law, like others, in 1974, the Buckley Amendment gered by a similar incident a year provides public access to many was aimed at protecting the priva earlier. At that time, the State government records and meetings. cy of students. The act states that Board of Regents' crueflegal coun Kincaid stated that the univer a school may not release any "ed sel informed the university that a sity's policy requires any infonna ucation record" that would identi policy restricting access to security tion regarding the security office fy an individual student. records violated state open records to be released through him. There is disagreement as to law. The Southwest Standard, SMSU's student news , whether public release of campus Daily Helmsman general man papet OJ) poses the policy. Editor Tr aci law enforcement records violates ager Ken Garland said, "I hope Bauer claims the policy is a the Buckley Amendment. The the Buckley Amendment can be "di rect on ict of interest," because Buckley Amendment as it applies clarified at some tim e. Until then, c fl as part of his job duties, Kincaid to campus security records has J think administrators will bide a so never been tested in court. behind it to keep student and l oversees publication of the At Memphis State University, professional journalists from get paper. The Daily Helmsman recently ting the news." Bauer said the university is able won a battle with administrators to withhold the records because At Southwest Missouri State over immediate access to the secu nobody has taken the issue to U n ive rsity, the student press and rity department's daily offense re court. "We're going all the way. administrators are still tangled in ports. Robert Ellis Smith, publisher of a controversy surrounding the re On Sept. 8, the university im Privacy Journal, an independent lease of security office records. plemented a policy in which it monthly that covers intrusions of could take several days before the The university administration is privacy, said security records by press or individuals could gain refusing to release the records, and large are not regarded as access to the records. saying they are exempt from state student infonnation . •
Winter 1989·90 SPLC Report 7 ADVERTISING Federal lawmakers threaten news media May restrict alcohol advertisements in college pUblications
Editors ' note: As the Report went On the evening of Oct. 3, Sen. new amendment to the already to press, a conference committee of Jeff Bingaman, D-N.M., testifIed amended anti-drug bill. the House and Senate excluded before the Senate, "I believe we The additional amendment, in legislation that would have urged must take Gramm's proposals one troduced Oct. 5 by Sen. Herbert limitations on alcohol advertising step further." Bingaman proposed Kohl and co-sponsored by �n. in college publications fr om Con an amendment that would have Bingaman, lessend the original gress ' anti-drug bill. Sen. Binga required aU colleges and universi bill's restrictive provisions. The man, who initially proposed the ties to adopt a set of policies new amendment only required language, had not yet indicated governing alcoholic beverage mar colleges and universities to adopt whether he planned to reintroduce keting, advertising and consump policies that "enc ourage institu a similar bill when Congress re tion. The policy was to include a tions of higher education's news convenes in 1990. restriction on campus newspapers papers and other publications to WASHINGTON, D.C.-For the to "limit the contents of [alcohol] reject advertisements promoting fIrst time in history, Congress has advertising to price and product irresponsible or illegal consump considered limiting the free speech identifIcation." Thus, a student tion of alcoholic beverages." It of student publications by threat publication could run an ad from also called fo r schools to create ening to withhold fe deral funding a convenience store fo r a partic policies that "restrict distribution from colleges and universities that ular beer at a certain price, but not on campus of any promotional allow alcohol advertising in stu a brewery ad that was part of a material that encourages con dent newspapers. general advertising campaign like sumption of alcoholic beverages The Senate unanimously ap Anheuser-Busch's use of "Spuds by persons under the state's legal proved an amendment to its anti Mackenzie" to promote their Bud drinking age." drug bill in October which would weiser products. Sen. Kohl said in Th e Wa ll require schools to limit alcohol advertising and promotions on [Educational institutions shall adopt] a policy that their campuses. The action in the Senate was a encourages such institution 's newspapers and other direct response to Surgeon Gener publications to reject advertisements promoting irre al C. Everett Koop's December 1988 conference on drunk driving sponsible or illegal consumption of alcoholic bever after which he proposed a sweep ages. ing campaign against alcOhol abuse. Among the recommenda Amendment to U.S. Senate Anti-drug bill tions was the "eliminat[ion of] alcohol advertising and promo Responding to Bingaman's Street Jo urnal that he proposed tions on college campuses where a amendment, members of the ad the amendment because "Senator high proportion of the audience vertising and liquor industries Bingaman's initial measure does reached is under the legal drinking joined together in loud protest not focus on what 1 see as the real age." criticizing Sen. Bingaman's mea problem-illegal and irresp onsible On Sept. 27, Sen. Phil Gramm, sure fo r being fa r too broad and use of alcohol." He said that the D-Texas, responding to the sur possibly unconstitutional. language of the original amend geon general's recommendations, Dan Jaffe, executive vice-presi ment may have prevented bee r proposed an amendment to the dent of the Association of Nation companies from placing an ad anti-drug bill which would have al Advertisers said in Th e Wall encouraging responsible drinking required all colleges and universi Street Jo urnal, "It makes us won in college newspapers because that ties to adopt and implement a der if [Bingaman] was fully aware would go beyond the limitations comprehensive anti-drug and alco of the reach of this legislation." of price and product identifIca hol abuse strategy. The amend College student publications ed tion. The surgeon general also ment, adopted by the Senate itors, business managers and ad suggested in his workshop that Education and Labor Committee, visers also voiced strong alcohol companies use advertising said "any institution of higher opposition to the bill. to promote responsible drinking. education that fa ils to implement The overwhelming opposition The Senate adopted Kohl's such a plan will be ineligible fo r to Bingaman's amendment fr om amendment and the issue moved any fe deral programs including college student publications and to the House Committee on Edu fe derally funded or guaranteed beer industry representatives cation and Labor, which refused student loan programs." prompted the introduction of a to approve similar provisions in
8 SPLC Report Winter 1989-90 ADVER'I'ISING
its anti�g bill. He went on to say that Sen. "Also," he said, "the language Opposition to the bill remains Kohl would not have any problem is too vague, and it will be diffi strong, according to Bingaman with legislation that would 'specif cult to interpret and enforce:' aide Linda Scott. She said that ically target underage drinking, "Threatening to withdraw fe d Bingaman had a meeting with the but at this time Kohl wants to eral funds fro m colleges and uni opposition including representa distance himself from the issue. versities fo r fa ilure to comply will tives from the ACLU and ad ver "People seem to think that create a chilling effect, further tising and beer industries to Kohl is responsible fo r the ad limiting the free flow of speech," discuss the possibility of coming restrictions, but that's not the he added. up with new language for the bill case ; he is the one who loosened Shoop also countered Peck's that theycould all agree upon. them. He introduced the second suggestion to outlaw advertising Scott said her understanding is amendment as a compromise," dirttted at students under 21. He that the opposition has questions Peck said. said, "The Supreme Court has about the language of the bill. John Fithian, an attorney and ruled in several cases that you "They say it is too vague. " member of the Freedom to Adver cannot limit the le vel of advertis She said when the two sides tise Coalition agreed, "[the bill1 ing to that of children." meet aga.i.n. they hope to define does violate First Amendment ACLU legislative counsel Barry what "promotes illegal and irre Rights and allows Congress to W. Lynn expressed his concern sponsible alcohol consumption." overstep its boundaries as defined about the broad language of the However, Scott said she does not in the constitution." bill that says colleges and univer know if anything will come out of Whilehe recognized that a large sities should not encourage illegal these talks, but that Bingaman is portion of the student population or irresponsible alcohol consump willing to work out a compromise. is under 21, Fithian said tbere is ti on. "The question is," he said When asked about the issue of also a large portion that is not. "what is prohibited?" "There are a large number of the bill interfering with freedom of Ron Johnson, Director of Stu speech, Scott said, "The bill is not graduate students, alumni and fac dent Publications, Inc. said he u t that read publica related to commercial s peech, it is l y also student thinks the goal of reducingalcohol intended to limit sponsorship and tions. You cannot restrict abuse has been lost. He said, advertising presuming that it not First Amendment Rights." "They are carrying the battle of m ght reach some illegal custom Student Pres.s LawCenter Exec i substance abuse over fr eedom of utive Director Mark Goodman ers. If that were the case, there speech." He continued, "{Legis wo ld be no expressed his concern about the u advertising fo r cars, lators] should be turning to educa ciga et es or any other effects the bill may have on stu r t product tion. There bas been so much dent publications. that may be illegal to a portion of energy expended, and everyone the popUlation." "CoUege and university admin seems to have lost sight of the istrators will use the law as justifi Executive Vice President of the problem." cation for harassing or actually American Association of Advertis The House version of the anti censoring student publications," ers Agency Hal Shoop said "We drug bill passed on Nov. 13, despite the language of tbe bill, he are also concerned with infringe acco rding to Richard Jerue, staff said. "Such harassment and ments of First Amendment director of the House Subcommit censorship is very real today at rights." tee on Post-Seco ndary Education. many colleges, even without a "Fundamentally," Shoop said, He said that the House members co ngressional mandate." "the answers lie in providing did not approve of the alcohol ad Keenan Peck, counsel to Sen. more information about the prob restrictions, therefore, they were Kohl added, that there is legiti lem rather than restricing the flow .) not included in the bi ll. mate concern that using fed eral of information. " He went on to funding as a penalty is too strin say that while Bingaman is surely If this legislation is passed in gent and that it win promote so not against the free flow of infor the House, it may leave thedoor strong a fea r in the college admin mation, "the amendment is none wide open fo r Congress to place istrators that they will stifle even theless restricting on that flow of other limitations on the free legitirnate speech. info rmat ion. " speech of the student press. _
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Winter 1989·90 SPLC R9pOrt 9 ADVERTISING Ad restrictions are already affecting colleges
the entire university community," because it is concerned with its No matter what Congress said Bryan. reputation as a party school. does, state laws and coUege ad According to Bryan, in August Bryan denied those allegations ministrators across the country are 1989, the committee came up with saying, "We just want to promote attempting to restrict alcohol ad a revised policy including, among responsible advertising that does verti sing in student publications. other pro visions, a ban on alcohol not condone drinking fo r students In his 1988 Drunk Driving advertising in the student newspa under 21." workshop, Surgeon General C. per, Aquinas. But, according to Dave Chris- Everett Koop recommended that "We need a policy that deals tiansen at the university's treasury the alcohol industry voluntarily with the issue now," he said, "so department, the University of cease alcohol advertising in stu subsequent editors will have Scranton holds 16,000 shares of dent publications by September guidelines to go by." The Phillip Morris Co ., owner of 1989. If that goal was not reached Aquinas Managing Editor Keith M iller Brewing Co., and 600 by September 1990, Koop sug Lanigan said, "After the sixth is- shares of Anheuser-Busch, Inc. gested that legalo r economic sanc sue [of the year), the administra When asked ifhe thinks there is tions be developed against the tion came in and [told us that we an inconsistency .in the university alcohol industry and poss ibly can no longer) run alcohol ads." trying to downplay alcohol con· against universities. Lanigan said the students con sumption while baving invest While legislators and industry tested the policy and scheduled a ments in the alcohol industry, representatives battle over fa ir meeting with Bryan fo r Nov. 7. Bryan said he does not think it is language to effectively reduce At the meeting, Bryan agreed to an issue. drunk driving and alcohol abuse give the Aquinas staff' a moratori As the Report went to press, the among college students, adminis. um to come up with their own students were working on a new trators have been devising their policy to promote responsible al advertising policy, own policies to restrict alcohol cohol advertising in the paper. Across the country, president of advertising. When Lanigan told Bryan that California State Univeruty-Chico In August 1988, James Bryan, he was concerned how the lost Robin Wilson found a different vice president of student affairsat revenues would affect the size and way to achieve similar goals. the University of Scranton in Quality of the newspaper, Bryan Wilson responded to the sur· Pennsylvania, fo rmed a commit said he would try to help the geon general's 1988 recommenda tee to review the school ' s policy students make up the lost reve tions by writing letters to beer on advertising promotions. nues by teaching them how to be distributors and asking them "to "When 1 came to the university more agg.ressi ve in securing new voluntarily cease alcohol advertis last year, I took a look at the accounts. ing on college campuses." policy on alcohol promotions and Lanigan said he thinks the Among those addressed by Wil decided it needed to be revised fo r school introd uced the restriction son were Adolph Coors Co, and Anheuser-Busch, Inc. Wilson said he chose this tactic because, "I think that creating legislation [to J place limitations on the press goes against First Amendment rights. "I encourage the free press as an instrument of education," he said "I do not want to place limitations on the press, so I am playing a game of persuasion."
Perry Quinn, busin ess manager at the Chico State Orion expressed his concern about lost revenues.
"Financially we [have fe lt the impact of Wilson's letters) because beer distributors are major con
tributors." He said that beer ad vertising revenues equal about $5,000 per semester fo r each of the fo ur distributors that advertise
10 SPlC Report Wlnte( 1989·90 ADVERTISING in the Orion. "That's a big chunk Sometimes they choose to run the beer, wine and mixed beverages of what we make each semester," ad anyway." are not allowed in student publica he said. McOmber said that if the com tions unless in reference to a din mission catches the advertisers ing establishment." "last year," Quinn said, "we they threaten to revoke their li Oxford, manager of ran plenty of alcohol ads, but this Liz office cense, so they stop advertisi ng. the Breeze at James Madison Uni year Wilson seems to have scared versity in Virginia, said they have the distributors into not advertis According to McOmber, alcohol a definitely felt the effects in terms ing. All of the distributors are at a ads make up only bout fo ur of lost revenue. stand-otT, waiting to see what the percent of the Chronicle's revenue. "We have lost five maj or ac other guy is going to do." Jay Wamsley, a newspaper fac counts fro m convenience stores ulty adviser at Utah State Univer Quinn also said that he thinks that were regularly weeldy ac concerned with sity in Logan, said that about eight Wilson is Chico counts," she said. years ago stude t on the publica State being labeled the Un umber a n President of the College News tions staff to take issue to one party school" in the country, tried the paper Business and Advertisers court. one state agency can and he is trying to change that ,oBut, Managers Gloria Free land said the not sue another state agency in image. alcohol industry has a right to Utah so the case was thrown out," As the Report went to press, a promote their product since the be said. newspaper advertising policy was product is legal. going back and fo rth between the "I would like to see the [law] "(Schools and states} shOUldn't OriOI1 advisera nd Wil son. challenged," Wamsley added. try to legislate morality or respon "Wilson is very persistent," "While I 'Understand the state's si bility," she added. Quinn said. "Wben he wants position in wa nLing to keep under A spokesperson for Distilled something, he gets it because he age students from being exposed Spiri ts Council of U.S. Inc., Lynne intimidates the students into to alcohol ads, the jssue needs to Strang, agreed that putting em· thinking, 'Oh, I'll only be here fo r be re-examined in. terms of free phasi s on [restrictions] alone is a few more years and it'll probably speech." not effective. take too long, so they lose inter Virginia akohol advertising is UA more comprehensive ap- est' .. alsostat e-regLilalcd. proach would be much more etfec.. On vet another front, student On Noyember 24, 1988. The tive," she said. publications in some states are Virginia Alcoholic Beverage Con Strang suggested that more time living with liquor laws that are trol Board created a restriction be devoted to treatment and edu mandated by state-run age ncies. that said. "Ad\'cnisements of cation .• For example, the Utah Liquor Control Commission has blanket restrictions on alcohol promotions Iowa senator receives JEA award including a ban on alcohol adver MISSOURI - Iowa state sen Aranslad signed the bill in May. tising in student publications. The ator Richard a J. Vam received am honored tbal an issue , is "I Utah law, however not en Special Cilation Award from student in which I have deep personal fo rced th rou gh the publi tbe National Journalism Educa and legislative interest , student cations. It applies to the Association fo r tion Ilis effons fn-e dom of cxpr�ion. coin businesses that hold state-issued in promotiD&stude nt press fr ee cides \v ilh the agenda of your liquor licenses, according to Neil om by i troducing a state d n law JlIS(lcialion." vam told the Cohen, a liquor compliance inves to protect il. i t JfA. t ga or fo r the commission. The JEA honored Yarn at its "Writing controversy and "The compl iance division mon national convention an St. gelling heat and flack and cre itors studen t publications occa louis in November. sio ally to be sure no alcohol ads ating discussion is education," n Va rn, �Solon, W3l' the pri n h�' continued. "If students are are run," Cohen said. "If a licens cipalsponsor of the Iowa legis taught they can'l cover contro ee runs an ad in a student publica lalion passed in 1989 thai \'cr�ial subjects in school be· tion, [they] wi ll first be issued a recognizes the free Cl Winter 1989-90 SPLC Report 11 LEGISLATION Anti-Hazelwood forces growing Several states rally to reclaim students' free speech rights OHIO - Another state has sajd of the bill's introduction. WASHINGTON - Student joined the effort to promote stu "Sheerer is the majority leader, fr eedom of expression legislation dent press rights through legis- and with a bit of luck, we may get will be introduced in Wa!hington lation aimed at getting around something akin to California." state fo r the first lime in 1990. Hazelwood. California was the first state to Sen. Phil Talmadge will intro Ohio Rep. Judy Sheerer, D pass student freedom of express duce the legislation in January at Shaker Heights, introduced a bill ion legislation. the beginning of the legislature's 60-day session, according to Tal madge's legislative aide Donna Salcado. SaIcado said the legislation, which is modeled after the Stu dent Press Law Center Model Leg islation and the California student expression law, is currently being drafted into bill fo rm. "It will all boil down to a well organized lobbying effort," Salca do said, adding "Most of our legislators have no idea of what the Hazelwooddeci sion is." The Washingto n Journalism Education Association is a major supporter' of the bill. Karl Averill, chair of the JEA's task fo rce fo r student freedo m of expression, said the general attitude in the journali sm community is "it's about tim e." "So far ," she continued, "I think we've been very successful because we've answered opposing arguments." Averill said that the Washing ton state constitu tion is support· ive of student rights, but like the U.S. Constitution as interpreted in Hazelwood, is not "specific in the state's House of Represen Another major supporter of the enough." tatives Sept. 12 that fo llows the biU is the Ohio Coalition fo r First Salcado said Talmadge will SPLC model legislation, "Free Amendment Rights, a statewide work hard to get the bill passed, dom of Expression fo r Students." organization of educators, st.u saying "He has a reputation fo r The bill will arise as the House dents and professional journalists taking on issues courageously." • begins a new session Jan. 1. Sheer fo rmed in re sponse to Ha zelwood. er's aide, Grace Moran said she John Bowen, a coalition member WYOMING - A Wyoming hopes the bill will go to the floor and adviser ofthe Lakewood High representative plans to reintroduce fo r a vote some time in March School newspaper, said he thinks a student press rights bill in the 1990. the bill will pass "if we can get the state's budget session, but says she The bill was introduced with message across that we're not try is not hopeful that it will pass. the backing of the Oeveland area ing to take power away from th� Nyla Murphy, R-Natoma chapter of the American Civil school board." County, said she wiu introduce Liberties ruon.U Director Eileen Moran said, "Ohio has the o� the legislation in the 1990 budget Roberts said the ACLU has been portunity to make great strides" in session. During a budget session, working on the legislation since the student freedom of expression only bills pertaining to the state Hazelwood, and the outlook fo r area, adding that even if the bill is budget are supposed to be heard. passage is good. not well-received, Sheerer will re However, Murphy said she will "This is really positive," she main persistent.. introduce the legislation anyway. 12 SPLC Report Winter 1989-QO LEGISLA liON "Never let a year go past when HAWAll - After passing both cause I am confident that existing you've got a bill that's important. houses of the state legislature by department of education policies Any time you have your constitu wide margins only to be vetoed by sufficiently protect students' rights tional rights in jeopardy, it's a the governor, a student freedom of of ex pre ssion, I believe school major issue." expression bill in Hawaii may be officials should be given the bene on its way for a second fit oftbe Ha zelwood decision," Since the last time she intro try, Senator Norman Mizuguchi Stafford Nagatani, administra duced the bill, Murphy said she said he "leaning toward" re tive assistant to the has "sent letters to practically ev is superinden i ntroducing a modified bill in dent of the Hawaii Department of ery rugh schoolj ournalism teacher \990, one he ho the govern r Education, said the department in the state. On the whole, I got pes o will approve. supported and testified fo r the bill. more people in favor of it than He ad , however, that he did against it." ded �ot fe el the bill was a necessity to However, she added, due in msure students' rights, bec.a.uset he part to Wyoming's conservative department's policies already pro climate, "I have little hope fo r it tect those rights. in budget session," "The bottom line is, it's not Murphy said she must also try necessary. I think it's a general a to ge t the bill on the floor fo r agreement." • vote so the press will pick up on it NEW JERSEY - A student and discuss it .• free dom of expression bill in New KANSAS - A st udent freedom Jersey is expected to sail through of expression bill that passed the the State Assembly, u b t it may state House of Representatives still a matter of time before it last year and received hearings in be comes up for a vote, the Senate is still alive and has The bil l, whi ch needs only gained the backing of the state 41 votes to pass, has 43 co-sponsors, school board lobby. including three of the five mem As time ran out toward the end bers of the judiciary committee of the last session, supporters de where it's sitting. cided to table the bill rather than However, it no voted fo rce a vote, As long as the lan will t be on until the house spea er decides guage of the bill does not change, k to post it, eaning to bring it to it can be reconsidered in January. m the floor fo r a vote. "Most of the Plans to push the bill through assem blymen are en sias ic are "alive and active," according thu t about the bill," according to chief to Jackie Engel, executive secre sponsor, Assemblyman A ony tary of the Kansas Scholastic Press nth Impreveduto. ad tion, due to Association. In di upcoming lect ons the bill may Engel said she is optimistic that e i not see any until after the the blll will pass in the Senate. action first of the year. ''I'm very pleased. We can ap Impreveduto expressed confi proach the Senate and tell them we've got the help of the school dence that the bill will be weU accepted, even if the e>lections board, rather than two opposing sides." change the makeup of the legis Cindy Kelly, deputy general lature and the governor' s seat. counsel fo r the Kansas Associa The original bill passed the Introduced in late 1988, the bill due to initiative of th tion of School Boards. said the senate in March by a 22-3 vote was the e Garden State Scholastic Press As association's attorneyS helped and the House of Representatives sociation, draft the language of the bill. in April by a 47-4 margin. Mizu according to its presi� dent, John Tagliareni. "We didn't back the bill origi guchi said it was sent to Governor hope that this year we'll nally proposed," she said. "We John Waihee on the last day of ''I'm ful get rolling and this helped draft a new bill we all the session, SO there was not time the steam get passed," he said, d scrib could agree on." She said the new fo r a vote to override the veto. e ing the as "not ust a students' bill will apply the Tinker standard, Mizuguchi said he fee ls the bill bill j rights issue, it's a teachers' rights issue." a 1969 Supreme Court ruling that will pass "if we can come into a The next step a e the House, if was the standard until the Ha common understanding with the ft r the bill is passed, will be the zelwood decision. The Tinker governor and get high school stu na . it surv v s Senate, standard is less restrictive of stu dents involved." � te If i e the it will be sent to the governor .• dent expression rights than Ha In a written statement to the zelwood.• legislature, Waihee stated, "Be- con tinued on page [4 Winter 1989·90 SPlC Report 13 LEGISLA liON continued/rom page JJ baclong the bill. ACLU executive Senate floor. it was sent back to RHODE ISLAND - A Rhode director Stephen Brown said pass the Senate )udiciary Committee Island state senator plans to re ing the bill "is going to take a lot where it died .• in troduce a student fre edom of of work-a massive lobbying ef ILLINOIS - Although a student fo rt. " expression bill that has died in the press rights bill died in committee The Rhode Island Department legislature twice already, saying in here in 1989, it is about to be of opposed the bilis in order to pass it, "we need to see Education introduced once again. the past. According to its legis participation on the part of stu Rep. Ellis Levin, D-ChuTch, latjve l a son, Tony Carcien, "We dents, teachers and parents." i i plans to introduce the bill some thought the language was too Sen. Sean Coffey, D-Provi time after January 1, according to broad. It didn't allow administra dence, said that afterthe bill's first an aide. tors to control some areas [where] try, "resistance by school authori Candace Perki ns, legislative we thought they should have that ties" and "nothing fr om the stu committee chair of the ILlinois authority. We went on the advice dents" have made the legislation Journalism Education Associa of our legal counsel." difficult to pass. tion, said the bill failed last year Department legal counsel For The Rhode Island chapter of because the legislature had such a rest A vila said he bill is poorly the National Education Associa t large backlog of bills toward the drafted, providing no remedy fo r tion is supporting the bill. Presi end of its last session. She added libel or slander that may occur in dent Harvey Press said although that this time around, an effort student publications. "The bill he has not received calls fr om would be made to obtain addition tried to exempt administrators students or teachers about al sponsors fO T the bill. She also fro m whatever lawsuits may arise, censorship, the NEA is "testifying expressed hope of more backing but not school districts or advis on behalf of the legislation and fr om the professional press com working with the chairman of the ers." munity. judiciary committee to see that it's The bill was first introduced in "We're beginning to make some passed." 1988 where it passed the Senate, progress," Perkins said, "We're The state chapter of the Ameri but died in the House. In 1989, beginning to break down some can Civil Liberties Union is also rather than fa cing a vote on the walls." • . I� . Colleges face copyright laws • & •• 0" WASHINGTON, D.C. - A respective writings and discove bill that would make colleges vul nes. nerable to copyright-infringement On Oct. 9, 1988, a U.S. Court lawsuits was unanimously ap of Appeals interprftted the copy proved in October by the House righ t law to say that states and Judiciary Committee and is CUT their instrumentalities, including rently pending in the Senate. state colleges and universities, are The bill would guarantee that immune to damage suits fo r copy states and state entities be vulner right infringement. able to copyright lawsuits. In Educational publishers, whose March 1989, Sen. Dennis Decon principal markets are state col cini, D-Ariz., introduced his ver leges, would be particularly vul sion of the bill in the Senate nerable if state colleges are Judiciary Committee. immune to the law. Publishers would have no legal protection Deconcini testified that the bill fr om having their work dupli is important because a recent fe d cated. eral court decision held that states He argued that this lack of cannot be sued in fe deral court fo r protection fo r American copy infringement of copyright laws. righted material cannot be allowed ·'That." he said, "is contrary to to continue. "The act must be what I believe was the clear intent amended to make clear that states :)fCo ngress when they enacted the are subject 10 suit in federal dis Copyright Act of 1976. trict courts fo r claims of copyright He argued that Congress pro infringement." he said. Senate Judiciary Committee by vides copyright protection to pro The House version of the bill the end of 1989. mote the progress of science and was unanimously approved in Oc No art by insuring exclusive rights to lober, and the Senate bill was opposition to the bill has authors and inventors fo r their expected to be voted on in the been expressed at this time .• :--:-::-::-:------_ ._._---_... __ ._._------:---:--:-:-::-:-:- 14 SPLC Report WInter 19&9-90 COURTS Court decision calls anti-harassment policies unconstitutional A growing number of col there's concern about protecting The rule states that "a student leges across the country are insti freedom of speech," but added would not be in violation if, dur tuting anti-harassment policies, that the policy does not extend to ing a class discussion, he or she many of which have drawn crit the student media. He said the expressed a derogatory opinion icism fo r their potential to inhibit policy is intended to protect both concerning a racial or ethnic free speech . freedom of speech and the right to group." But while many institutions are pursue an education without being Disciplinary measures listed in strengthening their anti-ha harassed. the ruling include possible proba rassment measures, others have Denefeld also described the in tion, resignation, suspension and revoked their plans or are fa cing terim policy as more narrowly expulsion. lawsuits on grounds that such drawn, but said he is "troubled" Board of Regents secretary Ju policies infringe First Amendment by it He said if any students feel dith Temby said the rule came rights. the interim policy is infringing about as a small part of a much The policies generally discipline upon their rights, the ACLU will broader plan to promote recruit students who use discriminatory not hesitate to bring an action ment and retention of minorities words or actions to harass others. against it in court. on campus. "It's been drawn nar School officials often maintain Before Michigan adopted its rowly to protect freedom of speech that the regulations would not policy, the campus radio station and exchange of ideas." exterid to college media. and the university had some con "The rule is too broad," coun The University of Michigan last flicts concerning alleged racism. tered Gretchen Miller, an attorney year instituted its own anti-ha Brad Heavner, general manager fo r the Wisconsin chapter of the rassment policy, and the Ameri of Michigan's Campus Broadcast ACLU. Miller said the ACLU is can Civil Liberties Union took it ing Network, said WJJX-AM air preparing a lawsuit that will try to to court where in September a ed a racial joke that a listener order the university not to enforce fe deral district judge fo und the called in, and "the university got the rule. plan unconsiitutional. The ACLU really angry," thinking the station "We recognize the good mo of Wisconsin is planning a lawsuit was condoning the joke. tives of the university," she said, against the University of Wiscon The other incident, Heavner but added that the rule "prohibits sin's new anti-harassment policy. said, involved a WCBN-FM disc expression of ideas, rather than Federal District Judge Avern jockey who played an "allegedly limits harassive conduct." She Cohn said in his opinion Michi racist" song without giving a dis maintained that under the current gan's measure was "broad" and claimer saying the station did not rule, it would be hard to predict "overly vague." condone the song. Heavner said what actions could be deemed "However laudable or appropri the station's board of directors punishable. ate an effort this may have been, applied pressure to fo rce the sta Members of the Daily Cardinal the court fo und that the policy tion to fire the disc jockey, which and the Badger Herald, Wisconsin swept within its scopea significant it did. He said that because the student newspapers, said they amount of 'verbal conduct' or university'S board of regents holds have not fe lt any effects from the 'verbal behavior' which is unques the license fo r the station they can policy. tionably protected speech under exercise control over it. The proposal went to the Com the First Amendment," the deci Heavner said he feels "the non mittee on Higher Education in the sion stated. discrimination policy was not Wisconsin Senate. The committee Paul Denenfeld, Legal director aimed at us." had 30 days to hold hearings and of the ACLU of Michigan and an "The constitutional rights of vote on the measure. Hearings attorney in the lawsuit, said that free speech are always threatened, were held, but the policy never from a legal standpoint, the deci especially in the university envi received a vote, so it automatical sion "was a total victory." He said ronment, which is being run more ly went into effect Sept. 1. he did not feel the issue directly and more from an authoritarian The issues of anti-harassment affects the press, because the poli stance," he said. and free speech are competing cy concerned only individual At the University of Wisconsin, interests in these cases. speech. the board of regents adopted rules In his decision finding Michi Joseph Owsley, director of news to regUlate behavior directed at gan's policy unconstitutional, and information services at Michi individuals intended to "demean Judge Cohn stated, "While the gan, said the university now has and to create a hostile environ court is sympathetic to the univer an interim policy that is "more ment." sity's obligation to ensure equal narrow and fo cused," which will Examples of punishable behav education opportunities for all of remain in place while a new policy ior include remarks directed to its students, such efforts must not is beingdrafted. ward an individual such as name be at the expense of free Owsley said, "Rightfully so, calling, racial slurs or ethnic jokes. speech." • Winter 1989-90 SPLC Report 15 COURTS Lodestar suit ends in out-of-court settlement CONNECflCUT - The fIrst board members. The panel is to Lavjano called the settlement a high school student press suit fIled include one board member chosen victory. "By court injunction, we in fed eral court since the 1988 by the board. one chosen by stu had the 1988 and 1989 editions of Hazelwood decision has ended in dent editors and one chosen by Lodestar published. Lodestar hau an out-()f�urt settlement., wi th the fIrst two panel members or continued from that moment both sides claiming victory.. drawn in a l ottery . Lodestar attor without any interference by ad In May 1988, the editor and ney Bill Laviano called this pro ministrators. " adviser of Ridgefield High cess one in wb..ich the school board Suzanne Reike, fo rmer editor of Lodestar School's literary publication, L0- must subject itselfto public scruti and a plaintiff in the destar. charged the school's board ny. suit, said she is happy with the of education with violating stu The settlement also states that settlement. "It doesn't come to a dents' First and 14th Amendment it is "the board's intention to complete victory. But the set rights by trying to control the retain to itself the full extent of tlement is allowing Lodestar to do magazine's content. regulatory au thority [permitted] what it always did, which is a Staff members said the school under fe deral and Connecticut victory." board tried to control content in law." Laviano said the lawsuit was reaction to a story in the 1987 School board attorney Robert settled because of how much it issue titled '·Round Trips." The Mitchell said, "We're very happy" was costing. Cost estimates from story was written by faculty advis about the settlement 'They've both sides total nearly $1 million. er Stephen Blumenthal and in accepted Hazelwood. " The magazine's adviser, Robert cluded the word "fuck" several "We've accepted Hazelwood in Co x, agreed. times. no way," countered Laviano," We .. All this had to come out of the On July 18, 1989, fo llowing a do not agree [the publication] is town coffers," he said, 'Tm very temporary court order issued in curricular. There's no classroom confident we would have won. March against the censorship, the credit. Lodestar is a public fo Lodestar is as free as it ever was." two sides reached an agreement. rum." School board chairperson Mary The settlement states that "The The settlement states that both Ann Baldwin and superintendent advisers of Lodestar magazine will sides agree that the main purpose David Larsen have both left their not be requested to edit the mag of the magazi oe is to include positions since the beginning of azine other than to exclude literary works fr om students, fa c the matter. material which is obscene, libelous ulty members and alumni, and Joseph Sweeney, a school board thinks or disruptive." However, it goes that alumni contributions should member, said he everyone on to state, "material which is not make up no more than 10 percent is happy there is a settlement. obscene, libelous or disruptive of an issue. The school board had "It was a very divisive case. may nevertheless be restrained or attempted to exclude alumni con Both sides made a lot of mistakes. censored ... under Hazelwood tribution. Laviano s a i d In the future, both sides have to School District v. Kuhlmeier. " Lodestar has never publisbed sit down and talk. There's a real But if administrators decide to more than 10 percentalumni con issue involved here. These things censor "offending materi al," the tributions. don't go away. system agreement states, "the editors of "Trying to run a school Lodestar magazine may print an without depriving rights to ex d/or disseminate the material in pression and keeping a sense of c to Lodestar nonetheless." If this is control is a real balancing a t done, it says, the school thenhas a In addition to the initial court right to withdraw its portion of order against censorship, Lodestar the fundingfo r the magazine. also won two Freedom of Infor Both the attorney and the ad mation requests during the liti viser of Lodestar say that if the gation. One forced the school board did withdraw its funding, board to cancel a vote relating to the magazine would have no prob the case they reached during an lem raising the money necessary illegal executive session, and the to continue publishing. other required the board to dis Under the settlement, if the close its attorneys fees . administration chooses to censor, Lodestar has also asked the objections must be written, and court to require the school board the magazine staff or editorial to pay fo r Lodestars attorney fees . board has the right to appeal the The judge has yet to rule on the obj ection to a .panel of school matter. • 16 SPLC Report Winter 1 Q69-90 COURTS Dowling College wins libel lawsuit NEW YORK - While students accorded to free expression of "The newspaper is wholly inde enj oyed their vacation last sum ideas." pendent of the college and the ' mer, a New York court decision Based on a prior decision in admirustration has never at chalked up a victory fo r their New York, the court said Epstein tempted to interfe re. We're glad "free expression of ideas." "may not recover [from Dowling the courts have recognized this 'The victory came on June 8, students] simply fo r expressing relationship," he added. when the state appellate court their opinion of his performance, "The newspaper did publish dismissed a'libel suit against Dow no matter how unreasonable, ex letters expressing opposing views ling College 'in Ep stein v. Board of treme or erroneous those opinions to the criticism of Epstein's teach Trustees of Dowling College, 543 might be." ing," Bennett continued. ..It N.Y.S.2d 691 (App. Div. 1989). The court ruled that the seemed clear that the editors were - The case began when Jerome statements in both letters were trying to exercise responsible jour Epstein, a professor at the college, opinions, not fa cts, and should be nalism in presenting both views in filed a libel suit agai nst the board protected as such. the matter. " of trustees and Thomas E, Torn Epstein said he is disappointed Bennett said he is pleased with quist, the fa culty adviser to the with the decision, but not sur the decision and that any other school' newspaper, The Lion 's prised. He said it seems that the decision could have created a Voice. Epstein alleged that two courts tend to fa vor the press in "chilling effect" detrimental to items published in the paper de cases like this. He added, "There student press freedom. famed him and hurt his chances should be some protection when He added that the decision will of getting his contract renewed. someone's rep utation is torn give students more con fidence. The items in question were a down, especia Uy when the fa cts Jacqueline Misson, business letter to the editor and an editor's are incorrect." manager at Th e Lion 's Vo ice. reply both criticizing Epstei n's agreed that tbe decision has lifted "I still believe it was a case of teaching methods at Dowling, a little weight fr om the shoulders irresponsible journalism and the Dowling administrators asked of the reporters and editors. She ad ministration should bear the the for a ,sa id that the newspaper staff court summaryjudgm ent responsibility," Epste in added. saying that the administration is members are encouraged, knowi ng not to be held responsible fo r Charles Bennett, vice president that their constitutional rights will what goes into the paper because of academic affairs, said, " Printing stand up in court. aU contents are determined by the the letters was a decision the edi Misson added, "We'll continue students and because both of the tor made. We [the admin istrators) reporting anything that touches pieces were clearly statements' of are not in the position to tell [the the stu dents and community as opinion. students] what should and should long as we can back it with solid Summary judgment was granted not go in the paper." facts." • to Dowling by a New York trial court in 1987 on the grounds that I\lE ME: '. OR GN( M( neither the letter nor the re ply were libelous beaiuse they were fR £El>OM.,, bEATH! "constitutionally pro tected as ex pressions of opinion," The court, however, did not deal with the issue of Dowling's responsibility for the paper's actions. Epstein's attorney Joseph Pieri ni appealed the decision, attesting that the statements were defama tory accusations that were not supported by any facts, therefore, they could not be considered an expression of opinion, Additional ly, Pierini said he did not have adequate time to finish his fa ct finding. In the decision, the appellate court said "an expression of'opin ion' is not actionable �ause of the constitutional pro tection WInter 1989-90 SPLC Report ' 7 COURTS Court rules against high school policy Decision upholds students' right to fr ee religious expression COLORADO-A fed eral court Crain said he was pleased with has declared unconsti tutional La the ruling. "This is some of the Junta High School's policy pre strongest language [by a court] venting the distribution of reli denouncing restrictions on student gious material on school grounds. secular and non-secular speech." The U.S. District Court of Col he said. orado issued a partial summary The school district also asserted judgment against the school in that its policy was justified be September, declaring the school's cause of the interest in avoiding policy fo r distribution of literature violation of the First Amendment in the East Otero School District provision that "Congress shall an infringement of First Amend make no law respecting the estab ment rights. lishment of religion.... " The The case began when three stu school district said restricting dents were suspended fo r passing material that prom o Les a panic out the newspaper, Issues and ular religious belief is necessary to Answers. a monthly Christian protect the separ(!tion between newspaper pu blished by Student church and state. The court ex Action fo r Christ, on school prop plained that a governmental deci erty. Despite warnings to stop, the sion to remain uninvolved in three students continued to dis religious matters by not interfering tribute copies of the newspaper. with distribution of materials does According to the complaint not result in governmental ad filed in the lawsuit, the students vancement of religion. were denied pennission to give The decision said the mere fa ct out the material because the that student speech occurs on school superintendent claimed school property does not make it that the paper's Christian view government supported. poi nt on current issues attempted "Such a policy [restricting any to convert students to that view. religious activity] would result in Under the school's policy, distri hopeless entanglements of reli bution of "material that prosely gious controversies. The school tizes a particular religious or political subjects was incompatible would have to develop procedures political belief' is prohibited. with the "mission of the school." to determine whether a student David French, lead counsel for In rejecting the claim, the court wearing a cross, a fish pin or a star the students, said Issues and An said, "That argument is patently were sending religious messages." swers is a newspaper of interest to frivolous," and ex plained that the The court found that because students. mission of public education is students have a right to engage in "The students had a constitu preparation fo r citizenship, thUS, political activities and religious tional right to pass out the materi students must develop their own speech, the school district's ban on al," French added. of values and beliefs. set material that promotes religious The school board claimed that "A school policy co mpletely or political beliefis unlawful. it suspended the students for will preventing students from engaging "Every application of the [poli ful disobedience in violation of other students in open discussion cy] creates an impermissible risk school policy. not fo r exercising on issues they deem important. of suppression of ideas," the court their constitutional rights. cripples them as contributing citi said. The students filed suit against zens," the opinion said. the school district in July 1987. The court ruled that the restric The court also ruled the policy In April 1988, the students' tion fo r student expression, in this fu rther invalid because it gives attorney asked the court to rule case, would not advance any legit school officials unfet tered discre the school's policy unconstitution imate governmental interest, and tion to apply it to whatever speech al on its face and as it specificaUy said, "the {schOOl district's] argu they choose, while fa iling to give applies to the newspaper. ment is perilously close to a claim students fa ir warning of what is The school argued that fr eedom that suppression of lawful speech prohibited. Since religion and pol fo r students to communicate with is legitimate when it is conve ities are not self-defining terms, other students on religious and nient" school officials could interpret 18 SPLC Report Winter \989-90 COURTS them to mean virtually whatever The portion of policy that pro fu rther on thecase. they wanted. the court said. hibited "[m)aterial that prosely A statu£ conference was held on tizes a particular religious or October 19 to decide the remain Also the policy gave school political belief" was declared un ing issue: If thestudents bad acted authorities the power to extin constilutional. likewise, the pr(} in a'disruptive manner when dis guish the right of students to vision in the policy that required tributing Issues and Answers. The speak through inaction and delay. prior approval was also declared court ruled that the students were While the policy provided fo r an unconstitutional, although the repriman ded for being in violation initial review by the superinten court said it need not rule on of the school's policy, not for dent, it imposed no time limita whether .all prior review policies being disruptive. Accordingly, the tion on how quickly the would be unconstitutional on their court said the students cannot be superintendent had to reply. A face. reprimanded fo r not complying disappointed applicant could have with the policy because the policy had to wait two months just to Donald White, superintendent has been ruled invalid. present his argument to the school of the East Otero School District, board with no guarantees that a said the policy has been revised A trial date was set fo r Decem decision would be reached. the according to the judge's order and ber L 989 on the issue of damages court said. said he was unable to comment and attorneys fees .• Haskell's Indian Leader publishing once again Students proclaim victory as they regain editorial independence o ,KANSAS - Haskell Inman Ju was finally reach Sept. 18, 1989. Leader] being printed, she's n t nior College and its student jour The agreement states that the stu going to see it," Ross said. nalists have agreed on a dents will exercise editorial con He added tbat all of the stu settlement that will allow the stu trol and that "no officer, agent, dents are happy with the set dent newspaper to publish free of instructor or employee of Haskell tlement. "We anticipated it. prior restraint or censorship. shall censor, edit or modify the Everyone was just relieved. We're Members of The Indian Leader contents of Th e Indian Leader. " moving fo rward. " Association, publisher of Th e In "A settlement had to be The Indian Leader Association dian Leader, filed suit in Marcb reached," said Harvey Ross, a may use its funds as it sees fit and 1989 alleging First Amendment student journalist and an Indian may use funds to secure off-<:am violations by Haskell, a liberal Leader Association officer. pus publication , according to asso a arts college operated by the Bu Ross said the staff and adviser ciation ttorney Patrick R. reau of Indian AiThirs, which is Hannes Combest have agreed on Nichols. part of the U.S. Department of Combest's role. "Prior to [the "Therefore, the agreement not Interior, only guarantees absol ute freedom Problems started in the fall of from prior restraint. censorship, or 1988 when the Leader publisbed control," Nichols said, "[but] it an account of alledgedly unethical provides a built-in mechanism to conduct by the scbool's then-presi overcome such efforts." dent, Gerald Gipp_ Following that The agreement also states, "Sole publication, Haskell administra legal responsibiliity for the COn Indian Ledder tors temporarily shut down the tents of The shall rest with individual members of paper. Another problem arose in the Indian Leader Association." March when James Hill, a Haskell Former president Gill was relo electronics instructor with a de cated to Washington, D.C., and gree in English literature, took replaced by Bob Martin. Mahin n over as adviser of the paper. Hill Jeft Haskell fo r the summer, a d in brought in his son, a recent jour his absence, acting president nalism graduate unconnected to Jim Baker signed the settlement. Haskell, fo r assistance. Stude nts Since returning to Haskell, Mar charged that the Hills took over tin said, "T think it was great we editorial control of the Leader and finally reached an agreement to The Indian obtained a temporary restraining have Leader again." order prohibiting publication of Haskell is open only to Ameri the paper put together by the can Indian students. In its 106- Hills. year history, the institution has A settlement between the Indi trained many of the leaders of an Leader Association and Haskell Native American tribes. • Winter 1989-90 SPLC Report 19 COURTS "reasonable" is described. as "a means narrowly tailored to achieve the desired objective:" Within those bounds, the courts then leave it up to the governmen tal decision makers to judge what manner of regulation may best be employed. The majority opinion held that if the regulation of com mercial speech literally required the least restrictiv e means possible to � complish the university's pur poses, it effec tively would have eliminated the abilil)' of colleges -:-� and universities to regulate com mercial transactions on campus "because any modestly creative Decision restricts expression lawyer or judge could suggest a slightly less restrictive way to reg Court ruling limits commercial speech ulate than the measure already NEW YORK - Members of the American Future Systems and taken." college press may find that a re some students sued the university. While the ruling does not apply cent Supreme Coun ruling on A fe deral district court, con to limits on non- 20 SPLC Report Winter 1989-90 CENSORSHIP Award-winning newspaper faces prior rev-iew MISSOURI-This year, the the summer, and over her "stren controversial issues. We caD't award-winning Park Hill High uous objections'" they came to an make-the news." School TrOjan may not be able to agreement that a publications Roger Wohletz, Trojan editor, report on some of the subjects it board wilt beinplace for one year. said when he heard about the has tackled in the past, such as The board, consisting of admin publications board, "I was speech weighted gra�, attendance poli istrators, teacher&, student editors less. I couldn't believe something cies and communication between and a parent. will review all sto like this was happening at our admInistrators and fa culty. ries pertaining- to the school's -ad high school." A new publishing board has ministration and its policies, "We thought the publications been established to review stories Johnson said. She added that Al board would be a big compro in the student newspaper. bright plans to review all stories mise," he said. "We thought it Last year, The Trojan won the himself would solve [the principal's con title of All-American Publication "It's blatant prior review," cerns]." fr om the National Scholastic Press Johnson said, "the move has at Wohletz said that Albright has Association and Medalist from the tempted to silence the student re viewed the paper, but as yet has Columbia Scholastic Press Asso press. We have all the mech not censored anything. ciation. Its adviser, Marcia John anisms [for censors.!rip] in place." Albright said he ha.d no com son, was named the 1987 Missouri She maintained that it is impor ment on the matter, referring Journalism Teacher of the Year. tant fo r the studen ts to continue questions to the school' s attorney, Johnson said that principal Bar writing like they alwaY' have. Larry Maher. Maher could not be ton Albright met with her during "They have to learn to deal with reached for comment. • Administrators demand review of magazin_e NEW JERSEY-Cont roversy viewed by an administrator, she surrounding a nude painting pic said, adding, "No one besides me tured in a high school literary ever reviewed it befo re." magazine has led to prior review_ She continued, "I figured if it Last spring, the principal of was okay fo r a public fo rum, it Abraham Clark High School in would be olcay fo r an in -house Roselle allowed a nude painting to publication." county be displayed at a arts fes ti Reflections is a literary and arts val. When a photo of the painting magazine published once a year, the school's ran in literary and art containing about 50 pages. It is magazine, Reflections, was an it not tied to a course, but all of its other story. funding comes from the school. After copies of the magazine Lubarsky said that already this already circulated, admini� had year, when advertisements were trators con.fiscated the copies and posted asking students fo r submis a fe w days later students held a sions on the theme "Strange walkout in protest . After the walk Things in the Ni ght," principal out, students gathered to ask su Oliver Young said the subject bad perintendent Peter Carter why the to be changed. photo was not allowed in the not paper when it was allowed at the She said she did fight that issue, festival. particular but that she when According to adviser Nar.cy would consider action issues more important to her are chal Lubarsky, fo llowing that meeting, lenged. "The board of education opted to Melanie Condran, editor of allow the magazine to be distri� last ' Reflections, said. "I'm sure uted." The magazine later re year s they' re going to censor it ceived a first place rating from the like crazy." Columbia Scholastic Press Asso ciation, with specific praise fo r the Current Reflections editor picture, she said. Joanne Burns said the students are Lubarsky said she allowed the upset and are worrying about art to run, under the assumption which topics to cover. that it had already been approved. Young could not be reached fo r This CODtrovenia.l artwork appeared in RefltctiollS_ Now all publications must be re- comment. • WInter 1989·90 SPlC Report21 CENSORSHIP . - Catholic college censors student newspaper Revokes stUdent bill of -rights including freedom of the press- PENNSYLVANIA - As Alver and the two complained of unfair acting editor, but cannot- �me nia College studeuts returned to censorship. editor becausehe is not an �,Iisb their smallcampUS in Reading last Both say censorship is the main or communication. major._ He fall. there was a change from the reason they transferred. Saumell, agreed that. most students -probe year before that many did not who now attends Merrimack Col bl y do not know of the changes in even notice. lege in Massachusetts, said, "I lost the catalog. Barringer said the a lot of respect for faculty who paper, which is published twice a wouldn't talk about [the semester, "is not run. the way it censorship]. They supported me, should be" and bas consistently but WOUldn't take any action." gotten smaller and been published Rakowicz, now at the State less often over the last fe w years. University of New York at Stony He attributed this more to stu Brook, said most studeots now at dents' attitudes than the adminis Alvemia probably do not even tration, saying "the attitude know of the changes in the cata among the students bas gradually log. "There's a lot of apathy on become 'we don't care.' '' campus." Barringer said be was not angry that the story Saumell and Rako Alvemia's director of public wicz wrote was censored, but relations, Joseph Swope, said the ; o d to have changes in the catalog "may have w ul have liked seen it printed. been triggered" by the censorship Saumell and Rakowicz incident. also said they had difficulty getting infor "I don 't really see any implica mation from school officials. Ra tions. It's still the sameAlvernian. kowicz said "It was like fighting It's mission hasn' t changed." city hall. We set up SO many Swope said the paper has broad appointments. We never even go t er purposes than most college pub a written response." lications. "We believe in freedom Swope di sagreed, saying, "[Y]ou The student handbook of the of the press and fr eedom of have to understand how they went private Cathot-ic college run by the speech. Alvernia O:>llege is the about it. They often would not Bernadine Sist�rs bad - two signifi publisher of the newspaper. Be make appointments. Their ap cant changes in it: The student bill cause The Alvernian is so closely proach was very confrontational." of rights had been removed and linked to the college, it has a Saumell fo und the censorship of TM Aivernian had been changed greater responsibility to represent her story ironic because ODe oC the from the "student newspaper " to the college as a whole." school's stated missions is to pr0- the "officialcam.pus newspaper." Ac cording to Swope, the paper's mote critical thinking, and that, in The student bill of rights in funding comes in part from the part, was what she felt the article cluded passages that stated, "All school's publications budget and was doing. studenl publications shall be enti fr om subscriptions from various Swope said, "Somebody should tled to freedom of the press," and convents in the Bernadine Order. look up the definition of critical "Students shall have the right to As fo r prior review, Swope said thinking. Part of critical thin1cing freedom 'Of expre$S.ion wit.bout- "Generally, there is no prior re includes no bias. Their first draft prejudice." view. It has happened only a fe w was biased, as well as potentially The changes made_ by Al vernia times." He pointed out that the libelous. It also means not to be SO Collqe administrators fo llowed a adviser, Donna Martin, reviews narrow-minded to think your ·idea controveny surrounding a cen everything that goes into the pa is the absolutely right one." He sored Alvernian news story written per, because there hasn't been a added, "Hopefully, everyone has by two students who have since student editor in two years. "No learnedfrom this." transferred to other schools. Ei student has stepped fo rward to do Saumell agreed that"it's been a leen SaumeU and Scott Rakowic-z it. " real leaming experience." wrote an article examining the Martin had no co mment on the "It's not just the newspaper, the non-reappointment of a professor matter. atmosphere of the whole college is who said he had been treated Alvemia senior Paul Barringer oppressive. We didn't just leave unfairly by the schooL Officials is on The Alvernian staff fo r his because of the article. We took a would not allow the story to run, fourth year. Barringer said he is lot of abuse. I'm glad I left... . 22 SPlC �eport W1nt8{ 1989-90 CENSORSHIP Tennessee students impeach SGA president for denied access Tennnsean.- TENNESSEE-A student gov [rely on a vote to attend] a 'meet- show the East staK ernment association president at ing of tbe people we elected in the that the SGA was serious aboqt gettina ': East Tenn�see State was im tint place." fairercoverage.'� press - peached last spring, fol lowing the VOIS members said when they East TertlU!SUQn rter repo Amy was _ SGA's attempt to ban campus heard of the bill, they decided to Wilder, who covering the newspaper TePOrters from attend seekEagle's impeachmenL SGA at the time, said the student ing government meetings. Members of the SOA's exec- senate had no qualms about hel' The- rontroversy began in Feb utive branch then retracted the rcportiDg until she began .wri� ruary when student government bill proposing the student senate about controversiaI issues. ' president Jason Eagle introduced a meetings be closed. "They said [hadlost all report- biII closing senate meetings to ing and journalistic ethics." She non-members. Under the prol»'" added, "If the stories reflected sal, the SGA could vote to admit poorly on the SGA. that wasn't a non-memben;. problem with reporting, it was a problemwith their organization." o Responding t the biU, students The East Tennessean staff has and at the school reporters banded agreed to send two reporters to together to fo rm h vms, t e Voice eacb SGA meeting in order to of Indignant Students committee. protect themselves againit _ any The organization's goal was to charges of inaccuracy. insure that SGA meetings remain Ea8les's impeachment was the open to all students in the future. result of a combination of prob Eagle said that he proposed the lems including conflicts witb the bill in an effo rt to inhibit unfair student press and other go vern reporti ng by East Te nnessean re ment members, according to Can porters. He said stories written by dy NatE; a staff member of the the newspaper's staff were "down paper. right fiction" and that any posi. Eagle asserts that all the SGA "Thisyear there are no prob tive action taken by the SGA was ever wanted was a fair story. He lems between the SGA and the ignored by the campus newspaper. added. "They say they're the newspaper, [the senate] much easi VOIS member Francine Nave watchdog, but who's their watch er to get along with now, " Naff argued, "We should never have to dog? The bill was proposed to said.• Administration rejects, withholds Nazarene college yearbooks CALIFORNIA-"But They Don't books were being confiscated. book is presented from a pro-Na Dance Here " wasthe theme of the "They never consulted me," he zarene and pro-coJlege stance. 1988-89 Point Loma Nazarene said, "I was very confused." The student body resolution College yearbook. The Nazarene Esterline said he took the "But also stated that the school's publi religion does not permit its mem They Don't Dance Here" theme cations board will review its own bers to dance, and college admin to the school's publications board, policies "to assure this does not istrators are not pennitting the and though the board never saw happen apin." yearbooks to be distributed until the page proofs. the idea was A pUblications board member some changes are made. neither approved nor prohibited said the board decided to es�blish About 2,000 copies of the Mari a subcommittee to "monitor The college-s Associated Stu and ner were printed and about 500 review" changes in last year' s dent Body drafted a resolution were distributed on Sept. 20, Ma riner. He that fa r as Sept. 21, which stated. "The Mari added as according to Howard Esterline, he knows, review ner does not accurauly represent the board will the yearbook's editor, Officials this year's edition: . the overall student attitude nor production of began confiscating copies Sept. 2 I. does its theme represent the con He said the school's adminis Esterline said the book was stitutional objective of the Asso trative cabinet decided that 8 re modeled after the Ch urch of the ciated student body." vised edition of the yearbook will Na zarine Ma nual, a document be produced, and they will pick up published every fo ur years fo llow "I think it very much rep "8 very high level" of the cost, ing an assembly of church dele resents the year. " said Esterline, since "we feel somewhat responsi gates from all over the world. The who is studying to become a Na ble because the system didn't Manual contains the history, con zarene minister. "We included as work. " stitution, government and ritual of many of the students and tbe the Nazarene fai th. activities as we could.'- The Ma riner is largely support Esterline said he "heard it "Definitely, people misunder ed by school and student funds, through the grapevine" that the stood it," he continued, "The Esterline said.• WInter 1989·90 SPlC Report 23 CENSORSHIP WKPX radio: Optimistic about new FCC licensihg FWRlDA - There '-may be a light at the end of the tunnel for students awaiting a" broadcast li cense fo r their radio · station at Sunrise's Piper High.Sc hooL The controversy .surrounding the delay in licensing.fo r, the ···pro gressive rock" FM station has dragged on fo r nearly seven yean. WKPX. the student� station, is currently operating, under 8 COD struction permit, the tint step to becoming a Federal Communica tion Commission-licensed station. California law protects rights, The permit is valid until the FCC either grants or denies the radio. students choose their topics station a broadcast license. The problem with licensing be CALIFORNIA-Last year when school administrators on behalfof gan when Piper was fIrst granted students at Potrero Hill- Middle the teachers who worked with the the construction permit seven school contributed stori es and magazine. "Our intent was to years ago. The owner of the chan poems to the first edition of their make sure we were covering the nel 6 television station in Miami magazine, the Potrero Hill Beat, students' concerns," she said, began complaining to the FCC they wrote about fantasy, science "which include academic freedom about interference from the radio fiction and pancakes. They also and students' rights to freedom of station. wrote about AIDS, drugs and sui expression. ,. Peter Gutmann, the school's , cide. Elaine Elinso n, wi th the North attorney said it seemed that all When the magazine came out, ern California American Civil Lib the interfe rence problems were administrators confiscated the 700 erti es Union, said the resolved then , and things were copies, saying the contents were administrators did not have a Quiet for the next si x years. inappropriate. Following protests legal right to prevent distribution. Then in January 1987, CBS from teachers and legal experts, "When we voiced our objections, purchased channel 6, and the con however, administrators allowed we pOinted to the state education troversy resurfaced as CBS com distribution less than a week later. code that gives expansi ve rights to plai ned to the FCC about Since then, only one more edition students." California has had a in terference with their Miami tele of. the BeaJ has been published, state law protecti ng student free vision affiliate, WCIX�TV. , ana its future is uncertain. dom of expression since 1976. According to Allen Shaldan, n i vice president and general man ', e magazine's first edit on In less than a week, San Fran inclUded a ager of WCIX, some viewers story about prostitutes cisco Superintendent of Schools an could receive the right picture; but contracting AIDS, essay enti Ramon Cortines allowed ctistribu w re only able to hear the sounds tled "Gangs and Drugs" and a tion of the magazine, which cost e from station. short story about drugs and sui $2,800 to pr int. He later declined the radio The first ray of hope in a long cide. comment on the matter. Sam Rodriguiz, who was princi whi le came in April 1989. when Cori Forzano, a teacher who pal at the time, has since left the CBS installed a UHF translater. edited the second edition of th e school. When the magazine came "To our minds, this action by Beat, said though nothing was out, he was quoted in the San CBS suggests that they have con censored, administrators practiced Francisco Examiner as saying, "I ceded that a long term solution is "not only pri or review, but edit know drug dealing is going on and " necessary. regardless of an FCC i ng, Though she termed. the first my own kids know it's going on. decision on licensing," Gutmann two editions very successful. For But they don't have to write about said. zano said ''I'll never do it again." it. " ShakJan made clear that CBS Judy Dellamonica, president of She said there is no telhng definitely did not install the trans the San Francisco Classroom whether the magazine will be pub lator station fo r the purpose of Teachers Association, said the as lished again, noting lack of fu nds alleviating the interference prob sociation filed a grievance against and general pressures.• lem. 24 SPlC Report Winter \989-90 CENSORSHIP "We installed the station so we can better reach the viewers who could not receive our broadcast because of their locations," he said. 1=OoV �NNg According to Gutmann, there is J g,T a natural interference between the oURNALI two stations. .. "PRI�\'PAl "Anyone who Icnows anything about broadcasting should know SUPEfW'ff"N[>01 T that since the transmitter in Holmstead, Fla., is located so far south, it transmits a weak sign.aI in the northern most part of the Miami market. {CBS1 should have known when they purchased chan nel 6 that these problems of inter ference would exist .. Adviser submits to prior review policy He said that CBS was looking fo r a bargain when they bought VIRGINIA-Since a story on censorship," she continued, "It channel 6, so they probably over abortion was banned from Stone wasn't. It was partly my doing. " looked this problem. wall Jackson High School's stu Campbell said the abortion arti "You could clear out the entire dent newspaper, the adviser cle was the first time he had ever FM band and there would still be volunUlrily submits the paper to reviewed the paper. "As far as any interference," he continued. "Ac, review by the principal. prior review, that's a courtesy tually, there should have been a Adviser Marguerite Lee and [Lee) pays to me. I never asked buffer zone when the FCC origi principal Michael Campbell of the fo r that." nally set up the broadcasting Manassas school agree that the Lee said that since th en, com bands." process has improved commu munication between herself, the In order to promote the new nication betwee nthem. staffand CampbelJ has improved. UHF station, CBS ran a full-page The reviewing first began last Campbell agreed, saying com ad in the Mia mi Herald giving out April when reporter Kristin munication has improved "with· free UHF antennas to people in Young wrote an article about out a doubt. I try to maintain an that area. abortiotl fo r the February edition open line with students, fa culty "CBS also hopes to install an of the Jackson Jour1Uli. Lee pre and parents." other translator station that will sented the abortion story and oth The Jou rnal is produced as part increase their broadcasting areas," ers to Campbell shortly before of a class, and is funded mostly by Shaklan said. deadline. the school board with some reve "But," he said, "we would nev Campbell pulled the article, nue from advert ising and sales. er stand in the way of the liceru saying "it was not germane in the Lee said there have not been ing of the student radio stat ion." way it was presented." He said he many effects from the reviewing. He added that if the problem had no problem with the topic, "I'm more cautious, but it hasn't does cease to exist, be will encour only the approach. reallychanged our procedures." age the licensing of WK.PX. Wben Young learned that her Young also said she has not Gutmann said, "There is no story was not going to run, she seen any effects. "Ifit would have quelt.ion, WKPX will eventually said, "I was very upset because r been truly censored, there would get the license. It just doesn't seem didn't understand his reasons. have been more about it" to be a high priority for the FCC." When he told me them. I didn't Campbell expressed his concern Jim Crutchfield, Supervisory agree." fo r student press rights. "Sorely. Communication Industry Analyst The Journal was published with we're all concerned about this as a at the FCC, explained, "Our engi a blank page where Young's story national i ssue," he said, "I'm not neers have been running several would have appeared. With revi ODe fo r censoringnew spapers.,. studies, and are still tryina to find sions, the story ran in April's Lee said she is happy with the an alternative to solve the interfer edition. situation, but would like to see the YO ence problem. Lee said of bringing the stories students more defensive of their "The students at Piper High to Campbell's attention, "I did it rights. "The Idds need to be a little school would like to have this as a counesy," adding that "since more aggressive in the way they matter cleared up so they don't then, I've instituted regular visits respond to [C ampbell). I think ba ev to be worried about it any with him," they'll get that way towa rd the end more," Gutmann said.. • "The irnmediate cry was of the year." • Wlnt&f 1969-90 SPLC Report 25 CENSORSHIP University devises new publications board for Duquesne Duke PENNSYL VAN IA-Contlict be the paper. the school's portion of fun AI Family Planning Services. Clark Edwards, who students say we'" give you a gentle gyneco will be taking on a more active For logical checkup We'll answer role than past advisers. any Questions you have about your reproductive health, And McNamara said the university we'" hel p you to choose the bought the publishing system with contraceptive contraceptive method that best an "unspoken agreement" that the suits your body and your lifestyle, Call today for an paper is not to print anything like appointment with Family the contraception ad again. "You information, PlanningServices-where can't shut the paper down," he women of all ages are special, said, "but you can buy them." and all conversations are just you can between us. Editor Callaghan said, "I think [Murray] is trying to us hap • Completeconfidentiality keep • Convenient hours py." to Murray said the paper needed talk • Reasonable rates • VISA MasterCard, Health· the computer system. He added Insurance and Medicaid that there are no strings attached, your "family" welcome and that the Duke does not have to repay the university. .. . your FAM ILY PLANNING SERVICES! Callaghan said., "We don't have to pay it back. Eventually we will to take that bargaining chip away." A p<'09rIImofthe Down toWl1-625 StanwlxSt. • 288-2140 •• He continued, "Eventually, I East Uberty-Medical CenterEast · 661 -2900 see the paper as becoming self FFamnvHecllth su pporting in advertisements Monroeville-2550 Mosslde Blvd . • 856-�70 Counell.lnc. [and] completely independent of the university." . The Duquesne Duke ran this controversial ad with a disclaimer. 26 SPLC Report Winter 1989-90 CENSORSHIP cartoon. Accord� Who's ing to Khonke, at the meeting De Veau said that she Next? thought it would n ot be "journalis Award-:winning tically sound" to run the cartoon student cartoon because the oppo sition would not stirs criticism have an opportu nity to respond before tbe elec- WISCONSIN - Students at Ei- tion. Khonke said senhower High Sch ool are devis- ing a publications policy for their that DeVeau was student newspaper following a concerned the car- threat of censorship last year. toon would create Peter Barry, co-editor of Th e too much contro- Paper Lion at the New Berlin versy with the po- Who's Next .? school, created a cartoon charac- tential fo r an teri zing the board of education as . ,.. - \' nflu'" of an0"'""" I let This is the award-winni ng cartooDthat prompted crilicism a bandit about to knock off elec- ters. DeVeau also that tive classes and sports programs. told Khonke that she did not studen ts to consider the fact It so depicted teachers and al believe in censorship and sug- the cartoon might be an i nfluence classes as caskets with a caption gested that Khonke consult a pro- in the election. Ortel said he had asking "Who's next?" fessional journalist for more nothing to do with the si tuation. Barry said he created the car- o c nsor a nd n ver insight, leaving the final decision "We d n't e e toon in response to the board of up to her. have," Ortel said. education's decision to lay off 19 At the beginning of the 1989-90 Khonke then contacted Robert teachers. school year, Khonke said that she Wills, managing of the The cartoon was scheduled to editor MiI- was still not sure how the students waukee and asked run in the March 23 issue of Th e Sentinel, him if would react to the incident. he thought running the cartoon Paper Lion. However, the editori- "Following the controversy last would be in poor taste. Wills said al staff was asked to hold the year," she said, "I devo ted a fe w and still maintains, "On the edito- cartoon because it would come weeks to discussing media law rial page, you can print whatever out just befo re the Board of Edu- with my journalism students and you damn well please! '" cation elections in April. explained to them that they can- Just who was responsible fo r Khonke said th at she later ex- not let fe ar of censorship alter pul ling the cartoon remains un- plaiDed the situation to the stu- their editorial decisions." clear. dents and left the decision up to Barry said there was no repose Newspaper adviser Eileen them. Tbe students chose t o in- to the cartoon when it ran on Khonke explained the events. elude the cartoon in the March 23 March 23, and he was very disap- Khonke said she was in a meet- issue of Th e Paper Lion. pointed that the cartoon did m11 ing with principal Ted Ortel when The members of the newspaper change any1hing. he said he wanted to see the staff said they were pleased with He said that there have been cartoon. Khonke said that she DeVeau fo r upholding their free- S{)me 50 classes cut fr om the cu r- does not know how Ortel even dom of speech by allowing them riculum because the board said knew the cartoon existed. to make the decision on their they needed to save money. When she showed it to Onel, own. The editors of Th e Paper Lion she said he took the cartoon from "This is my twenty-se<:ond year are presently working to create a her and said that she should not advising the school paper," publication policy to submi t to the put it in the paper because it Khonke said. "In all those years board of education in order to would be unfair with the upcom- no one ever told me what can and prevent similar problems in the ing board election. can not go in the paper." future. When Ortel took the cartoon Ortel, on the other hand. de- Barry later submitted the same fr om her, Khonke said she was scribed thes i tuation differentiy. cartoon to the Wisconsin Asso- shocked and responded by arrang- He said that President DeVeau eiated Press Writing Contest , ing a meeting between herself, asked fo r the meeting with the where he won an honorable men- School Board President Gail De- newspaper staff to discuss the car- lion in the single frame cartoon Veau and Ortel to discuss the toon. And, that DeVeau asked the category.• ------��� ---= Winter 1 Q8Q-QO SPLC Report 27 ADVISERS Former Ben Davis adviser continues fight INDIANA-Marilyn Athmann Bowes overturned the decision to Athmann appealed to the India calls it a "little irony." After she allow the athletic department edi na Civil Liberties Union, which was removed as yearbook adviser torial control. He has said that decided not to directly represent at her Indianapolis high school, Athmann's removal was not re her in a lawsuit, but ICLU attor she won the state's Journalism lated 10 censorship. ney Richard Wegel said t hey may Teacher of the Year Award. She The school board asreed to file a fri end-of-the ceurt briet: now hopes to go to court to settle review the matter and announced. At press time, Athmann was the matter. its decision not to reinstate Ath waiting to hear about represema Athmann was reassigned fr om mann only a week before school tion from the Indiana State Teach her position as adviser of the Ben started in the fa ll. She is still at ers Association. If they will not Da vis HighSc hool Keyhole on the Ben Davis, teaching remediAl En take her case, At.b.mJnn must de last day of classes last school year. glish. cide whether to retaio a private She said principal James Mif "Justice needs to be done," said attorney. flin reassigned her because she Athmann, whose yearbooks have and her students refused to allow received numerous awards fr om "It's a dilemma," she said, be the school's athletic department to the National Scholastic Press As cause of the cost. control yearbook coverage of the sociation and two of her last three Athmann said she will continue foo tball team. have been named the best in In to look fo r representation. "I'm Superintendent Edwa rd L. diana. doing it one step at a time." _ Professor seeks reinstatement and a clean slate TEXAS-More than a job was at (sett claims that the university stake when a newspaper adviser hired the new adviser to use the was demoted fr om his position at newspaper as public relations tool. West Texa s State University in As a result, he said that the jour 1987. nalism students have not learned Philip Isett, then associate pro good journalistic abilities and fe ssor of journalism at West Texas have probably been stifled crea State University, learned in July tively. of t hat year that he had been "It seems that the students removed from his position as ad have really suffered from the uni viser of The Prairie and had lost versity'S attempts to promote the his position as head of the journa col lege through the newspaper," lism department. A year later Isett he said. was denied tenure. According to Isett, the follow Isett is suing the West Texas ing year when he came up for administration fo r being denied a tenure, it was denied. promotion and tenure without due Following the grievance com process. mittee hearing in April, the Texas According to the school's poli Faculty Association appointed an cy, personnel decisi ons should io attorney fo r lsett and agreed to c1ude input from the department payhis attorney fees . �"' !4 , L./.-..:- Isett's attorney argued head and the dean. Isett testified ... 0 ... in his in an April 1989 grievance com Then the admimstratlon told petition that a fa ilure by the court mittee hearing that he was re him to hire someone to assist him to acknowledge the allegations placed as adviser without the in running the newspaper and against the school will have a approval of his department head. yearbook, so lsett said that he chilling effect on the rights of the The grievance committee, made began interviewing people fo r the other professors and employees of up of five faculty members, agreed position. He added that the then WestTexas State. that the demotion may have af vice-president of academic affairs The suit claims damage to fe cted Isett's ability to prove his told him that university president Isett's personal and professional Qualifications for tenure and pro Ed Roach wanted to meet with reputation and calls for reinstate motion. any prospective applicants so he ment to his positions at West Isett said that the real re ason could be ultimately responsible fo r Texas and removaJ of all refer they demoted him was because of any choices made. ences to his termination from bis his "proper and unrestrained" Roach then hired someone to personnel files. exercise of free speech in his posi- replace Isett in all of his positions. No trial date has been set. • 28 SPLC Repon WInter , 989-90 ADVISERS Fired adviser wants justice, may go to court Asks for retraction of damaging statements , claims defamation CALlFORNlA-A fo nner pUbli spellings and poor headlines - to one story discussed the university cations manager says he may be appear in the newspaper." president's two-month absence fo rced to file-suit against universi "They imputed my professional with no fo rmal leave of absence, ty officials fo r defamation of char standards as reasons fo r di s and another told of the continuing enrollment acter if e th y do not retract charge," Hae.fele ss.id. drop in at CSU-LA. statements they have made about "However," he said, "like my Haefele said acting head of uni him. predecessor, Joan Zy� I believe I versity personnel Marilyn Plum mer has since admitted that the comments made about Haefele in the Los Angeles Times were fa lse and agreed to retract the statements. In August, Haefele attended a meeting with Plummer and a union representative where he said an agreement was reached to compensate him fo r the false statements. He said the settlement included the promise of a public retraction by administrators fo r the defama tlElUPAPER tory statements along with two months back pay and provision fo r Haefele to be hired back to AD"·SER CSU fo r a few months to com plete a project to develop a style manual fo r the University Times. Plummer said she was unable to comment because negotiations with Haefele are still pending. Haefele went on to say that the university failed to meet the Au· gust deadline. And when he finally sent the union representative to The reporters are quite possibly afraid to write the university to find ou t why critical stories. they failed to meet the deadline, fired adviser Marc Haefele . he was given a letter stating that the college declined to 4 fo llow through on the settlement. According to Marc Haefele, was dismissed because of conflicts California State University-Los with administrative officials over Haefele said he had given the Angeles administrators made de nega tive articles I assigned to re administration until late Novem ut fa matory statements about him to porters abo campus activities." ber; no agreement could be the Los Angeles Times. Haefele said the conflict was reached at that tim e, he was pre Haefele said shortly after he apparent when then-chairman of pared to file suit fo r defamation of was fired fr om his position at the the communications department character and damage to his pro University Times in April 1989, Keith Henning complained about fe ssional reputation. Charles Simmons, the newspaper's a story he wrote fo r the paper "The newspaper has gone fa culty adviser and Haefele's su about Zyda, the fo nner Un iversity downhill over the years [as a re pervisor both told the Los Angeles Times adviser who had been fired sult of the controversy]," Haefele Times that Haefele was dismissed in the heat of similar controversy said. .. University Times reporters as publications manager for "un only one year before. have become quite uncritical of satisfactory job performance." He said he also felt pressure the administration. According to the April II article, from the administration when the "The battle fo r an independent they said that Haefele allowed student paper published other crit newspaper has been lost. The xa l , continued on pagl' 30 "too many errors - such as mis- ical stories. For e mp e he said Winter 1969-90 SPLC Report 29 ADVISERS conJinlWdjrom pag�29 newspaper only prints what the administration wants to see," Haefele continued. Professor Ger hardt Brand, vice president of the fa culty union, agreed with H aefe le that University Times reporting has lost its aggressive edge. Brand said he encountered a conflict with the newspaper when I ( J '" he sent the second of two letters to the editor expressing his anger over the administration's fa ilure Adviser fired over prior review to make repairs on a fa culty air CALIF01tNIA-A high school am aware of -all thl.: Supreme conditioner in his and two other newspaper adviser and his staff Court cases involving student buildings on campus. say he was reassigned last summer journalism, but I belie ... e we The editor-in-chief at the time as part of a move by administra should direct �hc students in a i i v refused to publish Brand's fo llow tors to establish prior review. He pos t ve way to write positi e in up Jetter and instead printed a is now taking his case to c.o urt. fo rmation about the school as well letter in the Un iversity Times ex Don Sheets, adviser of Hoover as some of the othtr kinds of pressing her rage at Brand's per High School's award-winning things." sistant nature. Hoover Heitage. was removed Sheets said that after his re Brand said that he was only from his post at the end of last quests to, be reinstated were trying to encourage hard-hitting school year and is now a full-time turned down, be decided to take journalistic stories about campus English teacher at the Fresno legal acti on. Toe California Stale matters. He said, "Editors shou ld schooL Teachers Association is fu nding a look fo r these stories, but they Principal John Shropshire fired lawsuit challengi ng Sheets' reas tend to ignore them {at the Sheets after the traditional spoof signment. Ti mes)." issue of the paper was published. Attorney Ernest Tunic is hand Haefele questioned, "What kind Shropshire told The Fresno Bee, ling the case, which be said he wiU of journalistic norm is the univer "I question the morals and the file in fe deral or state court. ret sity instilling in the reporters? .. . character of a teacher who repeat "We fe el p ty good about it. after all of the recent controver edly publishes degradi ng and of We want to challenge Hazelwood sy." fe nsive things about teachers and in California." California has a Managing editor of the Un iver students. " state law that protects student free sily Times Geoff Fein said he Sheets said he was "shocked" expression rights. Tuttle said it thinks the paper is much more when he was rem oved. will most likely take several years critical now. "[Shrops hire) didn't give me fo r the case to make it to trial. "The paper used to be largely much explan ation. He just called Last year the Heritage won made up of UPI stories. but we me and fired me," Sheets said he numerous awards fr om regional don't use UPI anymore," Fein fe lt Shropshire reassigned him in and national journalism organiza said. order to establish prior review, tions. It was named all-valley pub Fein said he and the editor-in and was using the spoof issue as lication from the San Joaquin chief recently met with President an excuse. Scholastic Press Association. Rosser. Former Heritage editor Mi Sheets said students get class According 10 Fein, although the Young Pae said, "After a while, credit fo r the course, and the paper does sometimes criticize we all started realizing it wasn't paper is supported mostly by ad him, Rosser said that he thinks the spoof issue." vertising, plus some genera] stu the Un iversity Times staffis doing In a letter to the editor of the dent fu nds and some student body a "fine job. " Bee, Pae and three other student fu nds. Haefele is currently doing some editors said, "The real issue, we Pae said the students have freelance writing along with work recently fo und out, is that Mr. learned a valuable lesson. "I ing as a part-time network radio Shropshire does not like the way didn't realize how much power we stringerand as a police reporter. the Hoover journalism class is run had with the written word. " "I'm He said that the administra under Mr. Sheets. He does not just sorry that a lesson had 10 be tion's public criticism of his work think high school journalists learned at the expense of Mr. has had negative repercussions fo r should be given the freedom to Sheets, a man who has intended him in the Los AngeJes job mar write about anything negative in nothing but good in all the yean ket. Where he once had a good the school which makes the school that he has attempted to give us a reptuation, Haefele said he now look bad." positive exposure to journa has had difficulty findingwork .• Shropshire also told the Bee, "I lism." • 30 SPLC Report Winter 1989-90 FOI Auburn students ask court fo r access to administrative records ALABAMA Th e Auburn lease the report, saying it is Plainsman attorney Dennis Bai Plainsman and Auburn's chapter exempt from state open records ley said his outlook on the case is of the Society of ProfeSsional law. good right now, but the case will Journalists have joined fo rces with Plainsman editor Page Oliver depend on how the university's two other newspapers in asking a said the paper is not as concerned report is written. with this court to order Auburn University particular report as it is In a written answer to the com· withgetti ng infonnation in gener to release a university report. plaint, the university'S counsel al. stated, "The requested report is The Pla insman SPJ, as "We've hada lot of problems in and well not a 'public record' or a 'public as the getting The Mo ntgomery Advertiser past infonnation from writing,' " and continued, "The and h he the t e Th e Auburn Bulletin Ea t university. This is onIy report is protected fr om disclosure a complaint Aug. an make gle filed 29 in way we could think of to by the allorney-client privilege, attempt to make the university [the university understand this ) the work product privilege and release a report concerning an information is important. We're other applicable privileges." Auburn administrator who is fac the only functioning representa ing allegations of ethics violations. tive the studentshave in regard to Bailey saId it may be months The college has refused to re- First Amendment rights." before any more action is taken.• UCSB student's home searched for evidence CAUFORNIA - In a unique contained the information that may makt." people Ihink thrice case, police searched the home Tokle had allegedly leaked to before leaking information. n of a collese student wbo was the exus. The county sus Francke said he does DOl su peeled of leaki ng confiden pected that Tolde may have reca ll seeing any otber example tial infonnation to a student stolen the disks from his fo nner of a student having hi bome newspaper. office. searched fo r aUegedly leakina According to a Nov. 3 Daily While sherifl's detective Tom information to the student Nexus repon. herifl's depan Nelson would Dot officially pres . While thi may be the ment dele<:u searched the comment on the case, he lold first instance, be sugested bome of Russell Tolde. a stu the Nexus that tbe searcb was (here may be more of it in the dent at the Univenity of Cali prompted by a California Code fu ture. fo rnia at Santa Barbara. They section tbat makes it a crime Tokle was suspected of leak searcbed fo r vidence of infor fo r any penon to knowingly ing the information because be mation that Tolde alleaedly ob access, and without permission had access to a fiJe aboul pa tai ned from his fo rmer take copies or make use of, any tient care and had placed pbone employer, Santa Barbara CoUD data from a computer system or ca lls fr om tbe health care center ty Health Care Services, and computer network. to the Nexus offices. accordina laler leaked to the press. Legal Counsel to (he Califor to detective Nelson. Health officials sought the nia Newspaper Publishers Ass0- The search for computer investigation and search of ciation Terry Francke storage disks or printed tran Tokle's home afler a Ne:alS responded, "[Ilt see ms wbat scripts of a meetinl of county reporter bega n inqu.iring about actuaUy provoked recourse by health officials dis<:ussinl the allC&t'd "patient dumping" by the authorities in the first place quality of patient care ended the coun ty health ca� center, was the poi nted question s by with the stizure of douhs of accordi ng to the Xexw report. the reporter. While Tokle may compu ter disks. The student reporter was in have been su peeled of theft. it According to a Nov. 4 Los vestigating reports that the was the alJesed release of confi .·'",f(t'/t'.\ Times repon, Tokle health care center was transfer den tial infonnation that set off 5.1 id that he was never in pos ring low-i ncome patients to the (health officials') alann. cs ..ion of the documents in otber counties because they "The wording of the Califor que lion and that the seized could not atTo rd to pal' health nia Code gives autborities the romputer disks eontained per carl" fee s, according to Jason power to search someone's sonal material. Spie\'ak. NC'."·IIJ managing edi horne if there is a remote possi SpiC\'3k said tha.t he could tor. bil it)' lhat the i nfonnation neither l:o nlirm nor deny lbat ORici311)·. the sheriff's de could have bten obtained from Tokl.: had h:ak('"d any infonna p.1nmcnt did not gain access to a computer source," Fra ncke tion to the ncwspa�r. Toklc'§ home beca use he was !.:lid. Tokle, who was unavailable �uspcctcd of leaking infonna "This is one sure way to lilr rom ment, told the Times tion In tht" prl"!a S. The search damp down on leakers: An that he might seck coun action W:J� tC:lr n) mput�r disks which t'"amplc of this once in awhile fo r th" returnof the discs.• Winter 1Q89·9Q SPlC Report 31 LEGAL ANAL VSIS Student photographers subject to privacy law Nine states have laws that say using hidden cameras is a crime Suppose you learn from a re li privacy statutes. the law typically pri vate if a person in that place able so urce that members of your does no t use the terms "hidden" would reasonably expect to be free high school football team have or "ca mera." The Restatement from surveillance or intrusion. been ta king "speed" before their (Second) of Torts section 6528. Each of the nine states with crimi games. Hopi ng to catch the alleged which provides the legal theory nal privacy statutes have applied offenders in the act, you hide in behind some common law tort the Supreme Court' s definition as the locke r room and take pictures claims fo r invasion of privacy. to what is a private place in van· of your team's best pl ayers swal slates the elements of a claim fo r ous contexts. lowing multi-colored pills. You intrusio n of privacy: In South Dakota for exam ple, plan to submit your photographs One who intentionally intrudes. under Katz. a person's home was to your school newspaper. Could physically or otherw i se . upon the not considered a pri vate place you go to jail fo r taking these solitude or seclusion of another or where the homeowner knowingly photogra phs? Would yo ur paper displayed marijuana plants in a be fre e to pri nt the photos wi thou t window.l The court reasoned that worrying about legal liability? an individual has no reasonable The answer to these question s expectation of privacy even in his depends in part on what state you home or office when what he was are in. In most states, an individu seeking to conceal fro m public al can bring a civil lawsuit against view was knowingly exposed in an someone fo r invasion of privacy area to which the public has ac· by using a hidden camera or not cess , ) [n this case the marijuana obtaining consent to take a photo was observed by a passerby and graph in certain situations. A civil did not involve trespass on the suit is usually based on either a homeowner's property. sta te privacy statute or on state Mich igan applied the Katz stan· common law. Such a lawsuit can dard and stated that a private result in an award of substantial place is where a reasonable person money damages. wou ld be safe fr om hostile or i [n addition to recogn izing civil casual intrusion.4 1n the Mich gan case. the was prohibited claims fo r taking photos without defendant f a two-way consent, nine states have elected rom installing mirror in a womens restroom-a to make the unauthorized use of a place the court had l t tle trouble in camera to photograph people a i classifying as private. Utah, in crime. Alaba ma, Delaware, applying classifies a Georgia, Hawaii, Maine, Michi Katz, location as private by weighing the extent gan, New Hampshire, South Da his pri vate affairs or concerns, is that the information gathered kota and Utah have all created subject to liability to the other fo r th ere is of a private concern criminal penalties fo r "hidden (that invasion of his privacy, if the is, it would involve shame. embar· camera " activity. Although such i ntru sion would be highly offen rassment or humiliation to the statutes would be constitutionally sive to a reasonable person. pers n it relates to) against the suspect if applied to the news o The criminal laws often de public's right to know.> h s media, they remain on the books. Using t i scribe the prohibition against use analysis, the Supreme of The penalties range fro m a felony Court of a device fo r photographing or in Michigan, punishable by maxi Utah determined that a student intruding on people or events in a publication's right to speech mum imprisonment of up to 2 free private place. The laws do not and free press outweighed any years or a maximum fine of define exactly what is considered a ri ate concerns the o $2,000 or both, to the majority of p v c llege em private place, but the couns in withhOlding the states, which punish offenders ployees had in a list each of the states and the Supreme o their na mes and la e with a misdemeanor conviction f gross sa ri s Court of the U n ited States have and a fine. fr om the student joumalists.b attempted to fo rm ul ate a defi There have been fe w cri minal A few of the Slates, Alabama. nilion. court cases that actua lly involve New Hampshire, Maine, and Ha h idden ca meras violating these Accordi ng to the United States wa ii, define a private place in laws. Furthermore, in the nine Supreme Court in the case of Katz their state by excludi ng those states where it is a crime to use a I'. United Slates, I pri vacy righ ts places to wh ich the general public hidden camera or in the many apply to peopl e. not things, and as has access or a "substantial group states tha t have civi l invasion of a result , a place is considered of the public has access".7 In Ala- 32 SPlC Report Winter 1989-90 LEGAL ANAL VSIS bama fo r example, a hotel lobby is the lobby of a school or in the In the states where the use of a not a private place while a hotel halls are not likely to have a bidden camera may carry criminal room is.K Additionally, Hawaii reasonable expectation that their penalties and any place where one would consider a doctor's office a activities will re main unobserved seeks to avoid civil suits fo r in private place because the general by other students or members of trusion invasion of privacy, stu public or a substantial gro up of the the public that happen to be in the dent photographers would be public does not have fr ee access.9 school building. By contrast, stu advised to obtain the consent of There are a great number of dents in locker rooms have a the person or persons in the loca court decisions that describe civil reasonable expectation that they tion you intend to photograph intrusion claims. For example, a will be afforded the privacy one unless it is clearly a public place. television station installed a camera would expect in a restroom. If you are unsure as to whether behind a two-way mirror and your photography would be in Classrooms are locations that filmed a police investigation of a violation of criminal or civil pri massage parlor. 'o The court did not may fa ll in a " gray" area as to vacy law and getting consent is consider the filming an intrusion in whether a court would consider not possible, your best route may light of the public's interest in the them private. A classroom is a be to avoid taking the photo investigation and on the grounds location where students are re graph .• that the officer was a public offi quired to be present. It is manda ciaL" However, a "quack doctor" tory that they be in the classroom fo r a set time period. Further 1389 U.S. 347, 351 (1957). who was secretly recorded and pho more, mem rs of the public gen 2State v. Vogel. 428 N.W. 2d 272 tographed by Life Magazine re be erally do not ha ve fr ee access to (S.D. 1988). porters who posed as patients to classrooms during a class period. 3Id at 277. gain entry into his home was These fa ctors may indicate that 4People v. Abate, 306 N.W. 2d 476, allowed to bring a suit fo r in because students are constrained, 104 Mich. App. 274 (1981). trusion invasion of privacy.'2 they should be afforded privacy. 5 Reddi ng v. Brady, 606 P. 2d 1193 The tests that the various state On the other hand, students at a (Utah 1980). courts use to decide when a civil school that publishes a student 6Id. at 1195- 1196. cause of action exists fo r an in newspaper may expect that stu 7 Ala. Code Ann. Section 13A-I I- trusion claim, or when a place is dent journalists will be taking pic 32. considered private in the criminal tures of their activities in areas SId. context, are not always clear. Nev such as a classroom or a gym. �State v. Lee, 686 P. 2d 816 (Ha ertheless, the cases indicate that in Arguably, therefore, students may waii 1984). a public school setting, the lobby not have a reasonable expectation IOCassidy v. ABC, 60 Ill. App. 3d or halls of the school building, an of absolute privacy in a classroom, 83 1, 3 Med. L. Rptr. 2449 (Ist athletic field or parking lot would especia lJy if they know photo Div. 1978). be considered public places, while graphs have been taken there in "Id locker rooms would be considered the past and could be taken again 12Dietman v. Time, Inc. , 449 F. 2d private places. Students present in in the future. 245 (9th Cir. 1971). Form 990 can save stories from back-burner Suppose that you are a reporter earlier story you ran on slipping tion about the "inner-workings" on the student newspaper at your admission standards and he re of their school. Student r€WOTters private school and you have just fuses to speak or cooperate with working on stories concerning heard from a usually re liable you in any Way. Ditto fo r the rest school budgets, appropriations, in source that the president of your of the administration. Your editor vestments (lately an especially school received a thirty percent has decided he won't publish the "hot" topic in light of the South pay raise last year. This seems a story without something more. In African divestiture movement oc bit hard to believe given the fa ct years past this might have been curring at many campuses across that the last year also saw a ten the end of the story. This fo rtu the country), hiring practices, fac percent tuition hike, a major cut nately is not the case today as ulty salaries, source of outside back in school-sponsored financial Congress has recently given stu income (e.g., fe deral grants), etc. aid, and the layoff of all non-es dent reporters a powerful tool that often find their requests fo r infor sential fa culty because of the pres makes obtaining information such mation falling on deaf administra ident's warning that the school as that sought above as simple as tive ears and legitimate, needed to dramatically tighten its a walk across campus. newswothy stories fo rced indefi belt. Your news radar is buzzing Each year the Student Press nitely on the back burner. and you immediately seek out Law Center receives a number of The problem is particularly confirmation. Unfortunately, the calls from students fru strated in acute at private institutions. Un president is still miffed about an their attempt to obtain informa- continuedo n page 34 Winter 1989-90 SPLC Report33 LEGAL ANALYSIS contlnuedfrom page 33 district offices, an IRS guidance like public schools, private schools statement. plus many . practical are not required to comply with hints to assist you in your request so-called "Sunshine" or "Open and use of the fo nn, is available Meeting" laws that require public for $2 from AAUP by 'writing governmental bodies to open cer them at 1012 14th Street, NW, ta in meetings of agency officials to Suite 560, Washington, DC 20005. the general public. Neither are Among the Suggestions made pri vate schools required to comply by the AAUP kit: with fr eedom of infonnation or 1. Anyone may see a copy'ofan public records laws, which guar institution's Form 990. No reason antee public access to the vast need be given. majority of government docu 2. The institution must allow ments. These meetings and re you to inspect the fo nn and take cords can provide an invaluable notes. It is not, however, required sou rce of information to reporters to provide you with a copy of the in their effort to keep tabs on what fo rm. although it may choose to is going on wi thin the school do so. administrative hie rarchy. While I some private schools have volun school's officers, directors and 3. f your school will not give tari ly adopte d policies allowing trustees. Also included here will you a physical copy of its fo rm public access to at least some of be their salaries (or any other one may always be obtained IRS. their meetings or records, the compensation incl uding expense through the However, this practice is by no means universaL accounts and other allowances) can take approximately three Fortunately, there is an ex and the time they have devoted to months. tremely valuable - though little school business. 4. If you only want to inspect known - alternative source of - The identities and salaries of your school's form - or if time is info rmation that might save many school employees making over short - begin your search in the stories from the "back-burner" fate. $30,000 during the year; school's business, budget, or com By law, studenlS have the right - Any legal fe es paid by the ptroller' S office and make your to i nspect the inform ational tax school. request. Because the law requiring re turns filed by such tax-exempt In addition, the fo rm provides public access to the Form 990 is institutions as private colleges, many tidbits of miscellaneous in relatively new, many administra universities, secondary and grade fo rmation about an i nstitution tors may not be aware of its schools (public institutions are and its programs, much of it use� requirements and may need to be generally not required to file). The fu l or at least interesting to stu educated. You might have better IRS 990 discloses a wealth of dent journalists. luck if you are able to cite the law information, much of which may Gaining access to your school's itself: Budget Reconciliation Act, be of interest to ca mpus journal Form 990 has been made much 26 U.S.c. Sections 6104, 6652, m ists. For exa ple. am ong the in easier thanks to recent legislation 6685 (1987); and to the IRS regu fo rmation your school's Form 990 enacted by Congress. In the past, lation about the law published at should provide you with: the fo rm was available only 1988-48 I.R.S. 10, November 28. n - The amou t of money the through the IRS and only after an 1988. sch ool has taken in each year often frustrating, complicated and 5. I f you are refused access to (including grants), with a break lengthy ordeal. Today, tax exempt the fo rm, keep a careful wri tten down indicating the sou rces and organizations are req uired by law record of who turned you down that amounts of money; to make the Form 990 available. and when and where it occurred. i - A comprehensive list ng of and it can be obtained either You might want to make another s wh ere the money wa spent, how through the IRS or inspected on request to your school in writing, much was spent and what the the institution' s premises . citing the law above and letting money was spent fo r; The American Association of them know that the IRS can im - A detailed balance sheet U niversity Professors has put to pose heavy penalties upon them i s s i ndicat ng both the a sest and gether a "Form 990 I(jt" to assist for non 34 SPLC Report Winter 1989·90 LEGAL ANAL VSIS How state shield laws protect student reporters A look at students' rights to protect their confidential sources This is the third in a series of information is also protected from The U.S. District Court in Ha stories examining the rights of disclosure. a federal district court waii, on the other hand, has recog journalists to keep their sources has ruled that the law applies only nized a qualified reporter's and information to thems elves. In to sources. and does -not protect privilege to refuse to divulge con this issue. the Report continues a outtakes. Williams II. ABC, 96 fidential sources but has said that state-by-state examination of state F.R.D. 658 (W.O. Ark. 1983). the privilege does not extend to shield laws and privileges that al There are no cases in which the libel suits. DeRoburt \/. Gannett, low journalists to keep i'lformation Arkansas statute has been inter 507 F. Supp. 880 (D. Haw. 198 t). obtained during the course of their preted with student journalists in KENTUCKY mind. however its language: would newsgathering efforts confidential Shield Law: Ky. Rev. Stat. seem to that students are and discuss how such protections indicate 421.100. (1972 and Supp. 1988). entitled to the same protection as might apply to studen t journalists. Kentucky's shield law provides other journaHsts. As most states have 1U!Ver ruled on reporters with very limited protec There are no reported decisions the confidentiality rights of student tion. While the law covers any in which a qualified privilege has journalists, the analysis given here person engaged in, employed by been recognized in Arkansas. represents the SPLC's best or connected with a newspaper, judgment of how a court might DISTRICT OF COLUMBIA radio or television station it only rule on the issue. If your state is Shield Law: None. protects the identity of sources not listed here. check for it in past There is no reported case law in and applies only when the infor· or future issues of the Report or which District of Columbia courts mation supplied by the source is contact the SPLC. ha ve add�essed the idea of a re actually published or broadcast. porter's privilege. The law does not protect report ARKANSAS The U.S. Court of Appeals ers' observations (e.g., witnessing (D.C. Cir.). however, has recog a criminal act), material obtained Shield Law: Ark. Stat. Ann. Sec nized a qualified reporter's priv tion 43-917 (1977 and Supp. through personal investigation or ilege under the First Amendment other "infonnation." Lexing 1988). Ark. Code Ann. title 16 any in civil cases. In Carey v. Hume, er ld Leade v. Beard, section 16:-85·510 (1986 and Supp. ton H a - r [1 631 (D.C. ), 1988). 492 F.2d Cir. 1974 the Med. L. Rptr. 1376 (Ky. Sup. Ct. court held that before a newsper v. Pound, Any "editor, reporter, or other 1984); Branzburg 461 son is required to reveal his writer for any newspaper, periodi S.W.2d 345 (Ky. Ct. App. 1971) s hearing (as modified), affd sub nom. , cal, or radio station ..... is pro source . the court the case the Branzburg v. Hayes, 408 U.S. 665 tected from revealing his or her must balance journalist's the pub ' s to (1972). Also, law does not sources unless the party seeking claim against lic right the know. same court la r protect a reporter from being su disclosure can show that the arti The te ruled b cle was written in "bad faith, with that the public's interest in disclo· poenaed to testify before a grand journalist's jury. Branzburg Y. Meigs. 503 malice, and not in the interest of sure must yield to the e all the most 748 afrd. 408 public welfare." Further, informa privil ge "in but S.W.2d (Ky. 1971), exceptional cases." Zerilli v. 665 (1972). Further, the Ken tion obtained from the source U.S. Smith, 656 F.2d 705 Cit. tucky Supreme Court has recent� must be "written, published or (D.C. 1981). broadcast" to protect the identity rejected the idea of a reporter's In criminal cases, D.C. of the source. The law does not the common law privilege under both Court of Appeals recently specifY whether the source must has the First Amendment and the ruled that a defendant may be promised confidentiality to be only Kentucky Constitution. Lexington obtain subpoena against a third protected. In Saxton v. Arkansas a Herald-Leader v. Beard, 11 Med. party news organization where Gazette Co., 569 S.W.2d 115 L. Rptr. at 1376; Branzburg v. there exists more than the �mere (1978), the Arkansas Supreme Meigs. 503 S.W.2d at 748. hope" of finding relevant inf6rma Court held that the state's shield The bottom line is that while tion. CBS V. Arnold. No. 87-3 I law applied to both civil and crim Kentucky student journalists will (D.C. Feb. 2, 1987). inal proceedings. The Saxton probably be entitled to the same court also stated that even where HAWAU statutory protection available to the bad faith/malice requirement Shield Law: None. other journalists, extreme caution is met the party seeking disclosure The Hawaii Supreme Court has must nevertheless be exercised should also make a "reasonable refused to recognize a reporter's when making promises of confi· effort" to obtain the information privilege to withhold the identity dentiality due to the law's narrow by alternative means. While the of his sources. In re Good/ader's scope. law itself does not specify whether Appeal, 367 P.2d 472 (1961). continued on po.g� 16 Wlnter 1989-90 SPLC Repon 3S LEGAL ANAL VSIS are on the reporter to prove that the COTllilluetijrom page 35 the equivalent of the subscri� was from a WUISlANA tion fe e charged by other papers. material obtained con In any event, the ambiguity of the fidential source. R.S. 45: 1454. Sec Shield Law: La. Rev . Stat. Ann. law sn ould make it clear that ond, the party seeking disclo� Section 45: 1451, 14 52, 1453, promises of confidentiality by stu may apply to the coun fo r an 1454, 1455, 1456, 1457 and 1458 dent journalists should be given order to revoke the statutory priv (West 1982 and Supp.). careful consideration. ilege. The order will only be p-ant The Louisiana law covers pe0- ed upon a showing that the order ple regularly engaged in editorial If the Louisiana shield law does is "essential to the public inter activities of the news media. It apply to student journalists, the est." R.S. 45: 1 453. In addition, a defines news media to include Louisiana Court of Appeals has recent case bas made it clear that radio, television. press associa held that the law protects only the order will only be upheld tions, etc., and · newspaper or sources. It also ruled that the any where it is sh wn that the subpoe information produced by the o periodical issued at regular i nter na was issued in good faith and vals and having a paid circulation. source need not be published to not simply to harass the jouma).. Unfortunately, there are no cases protect the source. Dumez v. Hou ist. In re Ridennour, 15 MOd. 1... in which the law has been applied ma Mu nicipal Fire and Police Rptr. 1022 (La. 1988). Fm ally, the Riden nour case, in recognizing a �M �HOW, *,M �rlM�, 5CJMeWwg� W,.,t;A/ YO U L.::A$T reporter's qualified FU'St Amend� �)f� tr. �tlMetJN£ MAY �-I' I<4P 1"(7 y,u ANP �A Y ...." ment privilege in addition to the statutory protection, held that such a privilege would not apply to criminal activity witn essed by the reporter. In re Riden llour, t 5 Med. L. Rptr. at 1025. Journalists should also be aware that the Louisiana statute includes a fa irly detailed list of procedural requirements that must be adher ed to by those subpoenaing the news media. R.S. 45: 1455-1458. These requirements protect some of the interests of joumaJists and should be consulted immediately upon receipt of a subooena. MONTANA Shield Law: Montana Code Ann. Sections 26-1-901, 902, and 903 (1987). Montana newsgatberers are pr0- tected by one of the country's strongest shield laws. The law, to student journalists, therefore it Civil Service Board. 34 1 So.2d known as the "Media Confidentia is unclear whether or not students 1206 (La. Ct. App.), cert. denied. lity Act," protects those persons would be afforded its protection. 344 So. 2d 661 (1 976). A later "connected with or employed by" It could certainly be argued that decision by a lower court seems to a news media organization from student journalists are "regularly have expanded that protection by having to disclose any informa engaged" in editorial activities, including not only the identity of tion - or the sowu of that however there is nothing to indi the source but also any informa information - in any legal p� :ate how the courts wouJd inter tion that might reveal his identity. ceeding provided the material was )ret that requirement. And though In re Michael Burns. 484 So.2d gathered in the course of the per nany student newspapers are dis (La. 1986). The law does not spec son 's duties as 8 newsperson. The ributed free on campus, which ify whether or not the source must law exte nds to both published and night seem to disqualify the paper have been promised confidentiali unpUblished material. The shield lecause of the lack of a paid ty fo r the law to be in effect. law's protection can be waived. ,eneral circulation, it might coo In addition, there are certain however, if the journalist volun� eivably be argu ed that student limitations included in the law teers to testify before a judicial, ctivity fe es (or even tuition pay that must be kept in mind. First, administrative or legislative body lents), which support the paper, in defamation cases the burden is about either the information or its 6 SPLC Report Winter 198Q..9() LEGAL ANALYSIS - v. Memphis Publishing Co.. source. Montana v. Louquel. 7 libel defendant, NeWlon v. NBC, Austin 109 F.R.D. 522 (D. Nev. 1985» if 655 S.W.2d l46 (Tenn. 1983), Med. L. Rptr. 1410 (D. Mont.. 1981� the material was obtained in the While the shield law offers Ten i Though there are no cases in person's "professional capacity" nessee journal sts substantial pro which the law has been invoked as a newsgatherer. Unfortunately, tection, there are two very important limitations included by student journalists, the broad the term "professional capacity" in w statutory language would seem to has never been defined by either the law. First, the la 's protec. t indicate that students are entitled the Nevada legislature or courts tions do not extend o defamation and suits "where the defendant asserts to the same protection extendea. to there are no cases in which other journ·alists. the law has been inteJ'))reted With a defense based on the source of student journalists in'ritind. such information." Second, any ··NEBRASKA Even though the language might person seeldng disclosure from a p Shield Law: Neb. Rev. Stat. Sec initially seem to preclude most reporter rotected by the law may appl to the· Court of Appeals for tion 1a-144, 145, 146 and l47 student journalists, it is cOnceiva y (1977). ble that some students - partic,. an order divesting such protec d Nebraska's shield law (a.k.a. ularly those compensated in some tion. The or er will be granted only where the seeking "F ree Aow of Information Act") way for their work (e.g., tuition party dis. recognizes that it is the policy of reimbursement, scholatship fund closure clearly and convincingly Tennessee v. Cum'den, 14 the state "to insure the free flow ing. etc.) might be covered by the (see Med. L. Rptr. 1797 (Tenn. of news and information to the law. �g&.7), for an ex m le of n public" an d that newsgatherers In addition. even where the law a p the T e ru:siee Supreme Court's literal inte can only perform this function in is found to apply, state courts � tion of the "clear and con ' a "free and unfettered atmos. have ruled that the law's protec,. vi.riCi!ll en which phere." The state has further rec tion may be waived by voluntary requirem t in an applica divestment ognized that compelling a reporter disclosure to a third party of any tion for was denied) de onstrates (l) there is to involuntarily disclose informa significant part of the (privileged) m that: probable cause to believe that the tion or its source is contrary to matter. Newburn v. Howard protected this goal. Accordingly, Nebraska Hughes Medical Institute, 95 Nev. reporter (or other person by the has evidence is reporters are guaranteed absolute 368,594 P.2d 1146 (1979). law) which cle rly relevant to a specific prob protection from compelled disclo Nevada has never recognized a a able violation of the law, (2) the sure of both unpublished and pub reporter's qualified privilege. information sought can ot rea lished (or broadcast) sources and Given the law's ambiguity, it n be sonably obtained by alternative information. The law does not should be clear that promises of there is a compel specify whether or not a source confidentiality must be thought means and (3) ling and overriding public must have been promised confi fully considered by Nevada stu interest of the people of Tennessee in dentiality for the privilege to be in dents. obtaining the information. If the effect. TENNESSEE order is granted, a reporter While there are no cases in may Shield Law: Tenn. COde Ann. take a direct appeal to the Tennes which the law has been inter Section 24-1-208 (1980 and Supp. see Supreme Court. preted in a student journalist con 1988). There are no reported cases text, both the language and the The Tennessee shield recognizing a reporter's common expressed intent of the statute law pro tects those either "connected law privilege. suggest that students are entitled with" the news media or press or to the full extent of its protection. SOUTH CAROLINA those independently engaged in Shield Law: None. NEVADA gathering information for publica While state legislators are re Shield Law: Nev. Rev. Stat. Sec tion or broadcast. Though there portedly considerin a shield law, tion 49.275 (1986). are no reported cases in which the g South rolina journalists cur It is unclear whether or not law has been invoked by student Ca rently have no statutory guaran tee student journalists would be pro journalists, the broad statutory or common law privilege protect tected by Nevada's comprehensive language makes it likely that stu ing them from forced disclosure of shield law. The law, called the dents would be entitled to its full sources or information. most protective in the count ry by protection. one court, Laxalt v. McClatchy, 14 The law protects both sources SOUTH DAKOTA Med. L. Rptr. l199 (D. Nev. and information from compelled Shield Law: None. 1987), provides absoJute protec disclosure before almost aU Ten South Dakota journalists are tion to reporters a'nd editorial nessee governmental bodies. Fur advised to think twice before employees of both print and ther, the Tennessee Supreme promising a source of confidentia broadcast news media from hav Court has ruled that the shield law lity. (n addition to there beinJ' no ing to disclose to any governmen protects against disclosure in ei shield law, there is no repO;:tl!Id, tal body any published or ther civil or criminal litigation case law recognizing a reporte'r"ls unpublished information or its and that it protects both confiden po vilege to withhold confide'MIal source (including the sources of a tial and non Friends A SPLC gratefully acknowledges the generous suppon of the fo llowing institutions and individuals, with out whom there might not be an book SPLC, and without those whose support, defending the free PI"e$S rights of the student press would worth be a fa r more difficult task. (Contributions from June 24 through November 13. 1989) reading. Benefactors ($500or more) Association fo r Education in Jour- nalism and Mass Co mmunica Now includes tion - Law Division Haze/wood )I. Kuh/meier College Media Advisers supplement. Gannett Foundation (NY) Nancy L. Green (IN) Iowa High Sch ool Press Associa tion L#/wof the Swtknt Press, a {o ur·year project of tile Student Press Low Center, is the first Journalism Education Association book f!'V�r tooffer an examination o{ legal issues confronting Ame,iCtln's student journalists, Kansas Scholastic Press Associa �dvisml and education administrators on both tile high sellool endcollege levels. The book j, understandable and readable ,,-'ithout g;ying up the essential materilll needed tion (or an in·depth undentanding of the legal relationships involved in the production o{ student New York Times Company Foun- newllp8pers. yearboolta lind electronic media. Topics covered include libel, obscenity, copy. dation ficbt. prior rwiew,�nllOrship lind model. public.etiona guidelines. lAw of1M ShItk7rt Pns.tit .vailable IIOW. Copies are only $7.50. To order, � • cheek lor St. Petersburg Times (FL) that amount, PlYJbIc to "Quilland Scroll, .,to: Southern Ca liforn ia JEA Law of t.he Student Press Washington JEA Quill llnd Scroll Th e Washington Post School 01 Journalism and M8Il8 Co mmunication University 01 Iowa Supporters ($100-$499) Iowa City. IA 5224 2 Association fo r Education in Jour- nalism and Mass Co mmunica IDtel1llhip OPPOrt1mides with the maHon. tion - Newspaper Di vision SPLC are available dllrin! each Drawinp, cartOODB and Dew! National Federation of Press semester and the summer fo r col tips are welcomeand needed. Help Women lege and law students with an inter us inform the scholastic journalism Southern erscInt holastic Pres s As est in stu dent journalism. Interns community by contributing your sociation (sq write and produce the SPLC Re skllls and information to the SPLC Southern Universi ty Newspapers port, handle requests for informa Report. (AL) tion on student press rights and Write or call us at: Paul S. Swensson (MN) assist the Executive Director by Student Press LawCenter providing research and paralegal Suite 504, 1735 Eye Street. NW Contributors ($25-$99) support. Interested individuals are Washington, DC 20006 encouraged to write fo r more infor- John D. Aram (OH) (202) 466-5242 Bonnie Fritz (IL) The Report Staff Mary plans to enter the Peace Indiana High School Press Asso Corps and travel Europe, then ciation Kristi Miles is a third-year law go on to graduate school to Kansas State University Student student at the George Washing delay becoming a responsible Publications ton Uni versity National Law member of society fo r as long The New Jersey Home News Pub- Center. Krist i graduated fr om as possible. lishing Company Clarkson Uni versity in 1984 Pamela Topa will graduate wi th Barbara Sa"'-'Yer (CA) with a degree in Chemical Engi a journalism degree fro m Rut James A. Tidwell (IL) neering. In her spare time Kris gers Un i versi ty in the spring. ti keeps other people in shape She plans to attend law school teaching aerobics. Help somewhere along the San An Mary Reed will graduate fr om dreas Fau lt in Cal iforn ia and Support Ohio University in the spring vows not to let law school stifle the SPLC! with a degree in journalism. her perso nality and creativity. 38 SPLC Report WIl'lt6l' 1989-90 -' -' SUP'PQrt an ,-, American Tradition Iowa expression law Your subscription supports the work of the Student Press Law Center. The Student Press Law Center is the only national Please enter my subscription to SPLC Reports: organization devoted exclusively to protecting the First o I year at $15.00 Amendment rights of this nation's high school and Along with this blanle I have enclosed a check or money order college journalists. payable to: The Center serves as a nalional legaJ aid agency providing legal assistance and infonnation to students Student Press Law Center and faculty advisers ex perienci ng censorship or other Suite 504, I73S Eye Street, NW legal problems. Washington, DC 20006 Three times a year (Winter, Spring, and Fall), the Center publishes a comprehensive Repon summarizing ______�--�------current controversies over student press rights. In Name --- (Plate print) addition, the Repon explains and analyzes complex legal issues most often confronted by student Address ______journalists. Major court and legislative actions are highlighted. City, State, Zip ______Defending your rightS isn't cheap. Subscription dollars form a large pan of our budget. Your subscription price will help us continue to o I wish to support the worlc of the Student Press Law O:nler serve as the national advocate for the rights of student with a contribution in the following amount: _____ journalists. Other contributions are taX-deductible. SPLC is interested in the titles or positions of its individual subscribers: ______-;:::;--:---;::--;-- ______( uUt/paCtioG) All orders must be pre-paid. Now a benefit of Journalism Education Association Membership Winter 1989-90 SPLC Report 39 Please Write ... College Media Advisers is looking fof' anicles COl" its 1991 ed ition of [he publication " Keeping Free Presses Fre e. " Thisedition will celebrate rhe 200th anniversary of the Bill of Rights. Articles shoUJId describe situations that coUege journalists ha.ve encollntered em campus in dealing with free speech issues. Theratificati on of the Bill of Rights presentS a good opponunity for college joumalis-ts [0 express theirpositi ve and Deg�tiv,e experiences protecting the right of f1i �e speech. Please contribute. Send to ... • Deadline is June 15, 1990 Dr.John Oavid Reed • Essays should be 500-750 words . Stl!ldenlPublicati ons " Eastern lllinois UniversilY • Winners willbe aonounce4 at the College MedJia Charleston , TL 61920 Adviser:s/Associated Collegiate Press Conven Include your name,address, tion in Washington, D.C., -in November 1990 pJtone number, college, slaff • First plac� essay will receive -a plaque; fo ur position, name of adviser and others will receive certificates ye.ar in sc hool. • All five- winners will bepu blished For more information,caU .:. Reed al (2 17) 58 1-28 12. , ' non-profit org. us postage paid I SPLC I washington, de permit no 4702 A TTENT/ON: Student Publication