studentpress law center

Spring 1986 Vol. VII, No.2

The Electronic Student Media:

"Press" Freedom When the Camera Starts Rolling

. i EDITOR f Courtney G. Leatherman Ind,anaUnlVef V Contents: WRITERS Mark Goodman Margaret,Ihem CGentl es Srud 1"1 Pres L Cent ' Cover; Student radio and tele­ e e on nor W.Svracu J ffr.. Untvery C ellv vision stations are now fa cing of Law College the same censorship problems COVER ART that the student press has con­ Jack Dickason Ben Burgraff Aaron Cole fronted for years. The Report Jack Dickason analyzes what the rights of James Fenwick Melissa Koval electronic medium student Bruce Young journalists are ...... ,...... 26 executive director Mark Goodman Courts Corporste Board of Directors R,chard Johns J. M rc Abrams. Esq • Fraser reaches Supreme Court ...... 3 "r t. � au. _ 5 SOOoIIV U.S. . � erA I'ldln Cty ,,. • Cadaver case back at trial level ...... 6 NtrwYcric NY Dr Robert Km • Karl Evans appeaJs his case in Texas ...... 6 John Sowan Ar Sc/JQt:ll�t � • Olson appealing Colorado circuit court decision ...... 7 .lou , A.f � U rv • ...... �ScI�,--.r;IIQOIICJ:ofl.""" I()wa settles libel suit ...... 8 C Daily n • Federal court decision awaited in Hazelwood ...... 8 �� Or Kopenhaver . Bowtea LUll¥! Lodge • ...... Or. Dorothy Illinois invasion of privacy case to heard . . . A."'.. OC4I.JouI ItiiI....", ot�� be . 9 '::::: • Cali fornia students wins settlement school ...... Co�1Ibn NonII""'''"'''�''' � with 9 ScItooIQf .Jc:IurnIIbm • U nderground editors wi n in u.-ty Q' Aobert Lew •• settlement with Fall rook ...... 1 0 '-- ItS � o' AD��. b s.v- o..r. a. • Underground challenges California statutes ...... I I Elaine Eng"sh . Esq. ��.",..,.. "'-'-. earnmm.e talF,_ at Wi . DC ".. ,.,.... w..�!fOn . oc Oororhy McPhiUlpa .Jour,...,., Ir� "'-01 Or. Tom �WA Advisers EvesAege !��.JoiJ"""" Tom Roinicki ItIMIOIW�PNM* _ _ � � • New York adviser sues high school ...... 12 PM""1)he PA Anc-=::,:;:o-.C :::co--. fA ""- • Controversy continues at Putnam High School ...... 13 CMMOPher Feger. ESQ. Ar Or Albert • Virginia adviser demoted for content Scxm.M��Scroggins ...... 13 Inc: � • Tulsa publications policy still disputed ...... 14 ..-""-"�«I'i!!'Tl(� "' �Q'� � Goodman. Esq UnnIoMIIrv 0190UIII c.oan. .,..,c Cob, SC w..--�ron. DC Michael O. Simpson Censorship Nancy L. Green c�-=-- �rion w""'*tgr&lln. 0 C • California photographer restrained ...... 15 IIICtwncwtIL IN Edmund J. SuDlven .... • New York univ ersity papercensored ...... 15 �S.IIQr:l.C IO_" "C . .. MeryH..., .....lree 88' • Editor battles prior restraint in California ...... 16 ,*-V"'* NY C�IdOIPh� OINJ...... • guidelines considered in Oklahoma .... 17 Robert Trager Publications • ...... Or. Louis E. Inglehen At Daily case pending ...... 18 Ar '-"'(IfI ""--' r.,. "'On _ Nebraskan . .. • C li ornia fighting tate ...... Cllllpr ( � �COlJ}lC1f:_ a f paper s law ...... 18 tmn.r: IV . BIIIIS urw "--.co • of u nderground Illinois cunailed . .. IN Distribution in . 19 Ben Va n Zanta • Virginia students vote to change ...... 20 CoIumboIr �".,.... �. policies . . • District-wi de Rorida underground opens eyes ...... 21 . • venth grader settles with school ...... 22 �.,. t f I" Se • New York photoj ournalist sues school ...... 22

• Cable television program censored ...... 24 The SPLC Repon .

Legal Analysis

. • The righIS of radio and journalists ...... 26 TV . ... • De ning invasion of privacy ...... ,...... 29 fi . • of underground papers ...... 35 Uprising

2 Report 1986 SPLC Sprtng COURTS

Challenging High School

Could Fraser's Supreme Case Be the Landmark of the 1980s?

Justice Lewis Powell, Jr. Justice William J. Brennan, Jr. Three years ago. Matlhew Fraser F. was just another precocious s enior at Bethel High School in Spanaway. Washington. But in March. he dem­ onstrated that he was re lly quite Ollt a of the ordinary when he pursued the legal battle that ega back at Bethel b n up highest court in the land. to the An endorsement gave in Fraser 1983 for a student government candi­ date raised enough significant free expression Qu tions U.S. es that the Supreme Court a eed to ea the gr h r case on March 3. v. Fraser, Bethel School District 755 F.2d 1356 (9th Cir. 1985) cut. 106 S.Ct. 56 (1985), is the granted, first free expression case in­ directly volving the rights of high school studen that the court has agreed to ts hear since its landmark decision in Justice John Paul Stevens Tinker v. Des Moines Independent Justice Thurgood Marsba-II Community U.S. School District, 393 (t 969). And this case could "cer­ 503 tainly have a major effect on the scope of freedom of s ech in high pe schools," said raser's attorney, F American Civil Liberties Union affil­ iate, Je rey T. Haley. ff The text of Fraser's that speech Bethal administrators allege caused such an proar at the student-run u assem bly, and which carried him into (he legal limelight, was as follows: I know a an who is firm - he's m firm in his pants, he's in his firm shirt, his character is firm - but of all, his belief you, the most in students of Bethel, Jeff is finn. Kuhlman a man who takes his is point and pounds it in. If nec­ essary, he'll take an is e and nail su it t the wall. He doesn't attack Justice Byron o R. White continued on next page Spring 1986 SPLC Report 3 COURTS

Justice Sandra Day O'Connor: If incorporated string of you a rofane words. .. would p the sp eech have been protected?

Justice William H. Rehnquist

page wrongly punished and that the No matter how specific the continuedfrom previous things in spurts - he drives hard, school's regulations were unconstitu­ school's regulation banning speech pushing and pushing finaJ ly tionally overbroad and vague. was, Haley told the court that Fraser's until he - succeeds. Jeff is a man who Fraser was allowed to give his speech would have been protected by

will go to the very end - even the graduati on speech in June but the First A m end m ent. 1983. climax, fo r each and every one of the board wasn't satisfied with the During oral arguments before the you. vote fo r Jefffo r ASB vice­ court decision and appealed to the Supreme Cou rt. the justices "probed" So president - he'll never come be­ Ninth Circu it Court of Appeals in both attorneys to determ ine how fa r tween you and the best our high San Francisco. It upheld lower each was willing to go with h is argu­ . the school can be. court's ruling. ment. Although administrators were not Bethel appealed the decision to the "If you incorporated a string of present during the assembly, some of nation's highest court. th n it was profane words (into the speech) "J i k in­ the teachers said they were shocked gutsy when the school board took this stead of the sexual innuendo, with the by the speech and complained to on," said Jerry Hosman superinten­ same amount of disruption. would school officials. Administrators took dent of schools fo r the Bethel Dis­ the speech have been protectedT action the fo llowing day, suspending trict. "If the lower court had just asked Just ce Sandra Day O'Connor. i Fraser fo r three days and stri king his ruled on the issue and said we were "Profanity can be regulated in this name from gradu ation speaker wrong, we wouldn't have appealed," school setting, whereas mere connota­ the ballot. school said Fraser had Hosman said. "But the lower court tions cannot," Haley said. "It's easy The used vulgar and indecent language ruled that the ad ministration's rules to identify profanity or dirty words, and that administrators had a right to were overly broad and vague. They but it's difficult to identify sexual control such speech. The school's struck down the rules fro m the entire connotations. Profanity or diny regulations prohibit conduct that sUIte of Wash ington as adopted by words are used to arouse negative "materially and substantially inter­ the board of education:' emotions," he continued . "whereas fe res with the education process ... The Supreme Co urt justices were sexual metaphor is used fo r humor. including the use of obscene, profane asked to decide whether school offi­ lightness and good fe eling, as it cer­ language and gestures." cials have the authority to control tainly was in this case." After exhausti ng the school dis­ "indecent" speech that is not legally But earlier testimony revealed that trict's appeals process. Fraser took obscene. But the case also Questions some students at the assembly had Bethel to court claiming a violation the definition of student speech that been embarrassed and insulted by of his First Amendment rights. Dur­ creates a "material and substantial Fraser's speech. ing testimony, one teacher said stu­ disruption of school activity," and "In order to part icipate in student dents "hooted and hollered " and th at the constitutionality of school policies government, students shouldn't have some students made sexually sugges­ regulating speech. "This issue is im­ to put up with this conduct," Coats tive movements in response to the portant to the community at large said. The purpose of these assemblies speech. But others testified that such and America," Hosman sa id. is to "teach students the art of public reactions were not uncommon at The school district's attorney, Wil­ discourse, specifically (that affecting) assemblies. liam A. Coats, said, "the school bad a the relationship between students and The U.S. District Court fo r the duty to the other students, to protect instructors. Western District of Washington young adults from something inher­ Haley emphasized that the assem­ struck down the school dislrict's ently demeaning. The speech was not bly was optional . Students could have claim that Fra ser's speech was disrup­ appropriate, and a lesser fo rm of attended study ha ll during that peri­ tive of the educational process. The corrective action wouldn't have od. "This fo rm expression is not of judge ruled that Fraser had been worked." unusual fo r students." he said. and 4 SPlC Report Spring 1986 ------COURTS _ .. _.. -._-

Chief Justice Warren E. Burger: Brief A prohibiting the advertise­ Does a school have any duty to ban teach societal values, morality, ment of alcohol and tobacco products selfrespect civility? is still policy for the Mountaineer and Weekly at Mount San Antonio Col­ after more than a year of Jege bealuse litigation, the case is still in a state of "limbo", said Antonett e Cordero, at­ for the Am rican Civil Liber­ torney e ties Union of Southern lifornia. Ca In November 1984, the Mounlain­ eer Wee.k/y adviser, two journalism students and a private citizen filed suit against Antonio Pres­ Mount San John Randall and the college's ident board of trustees for refusing to amend t e paper's existing advertis­ h ing policy. Those suing, claim tha t ba is a prior restraint that vio­ the defense never argued that the points, we're trying to maintain a the n lates both the U.S. an the California speech created a material disruption level of decency appropriate for high d constitutions. But a reque t for pre­ in curriculum until they spoke to school. "Free expression rights in a s the liminary injunction, allowing the pa­ their attorney, he added. high school are different o than th se per to accept suc h advertisements Haley agreed with oats and Chief "on skid row," he said. "There's a C until the dispute is settled, was den­ Justice Warren Burger that the school totally different relationship betwee n ied by a Los Angeles Superior Court has a duty to teach "societal values, a teacher and students than between judge in January 1985. morality, self respect and civility," the poli e and someone running c an No progress has been made in the but, he said, "the question is whe h r adu t bookstore. We're asking t e l the s i then, but Cordero said it is the speech was protected by the First court lO recognize u t since that difference." likely that a motion for summary Amendment, not if it was inappro "We're not asking for any ­ radical jud ement will be filed this spring .• pria te or changes in the way things are oper­ g distasteful." Because Fraser case concerns ated right now," CoalS said, the "because free ex r s ion administrators currently require the p e s rights of high a cer­ school students, as few cases level of decency." have tain other than it Although administrators may ex­ Tinker, promises to set preceden t for fu ture decisions. pect a "certain level of decency," The Studt:nt r ss Law Center H ley said, from talking to other P e a filed a frie d of t e court brief in school district's attorneys, he n h under­ support of Fraser arguing t at his stands that "schools in Corrections h Washington speech was a recognized form of have been following the stan­ A story in th Winter 1985·86 Tinker e stud nt expression. and could not be dard strictly since the decision came issue regarding a ruli g of the Con­ e n censored unless found to out, and the court of appeals have necticut Freedom of Infor mation be material­ ly disruptive or legally obscene. likewise." Commission incorrectly identified If the Court decides the So the Haley said he Paul Theil is the editor Qf the with changes antic­ Thiel. school district, Haley said the case ipates, the Court deci es the University of Connecticut at Storrs if d for would Tinker. but de­ sch l In the same story, nol overrule oo district. are anything but mi­ Daily C.9mpus. pending on heir pinions, he said, nor. "If the Court w s Paul Parker of the t o rules that this a Daily Campus the implications of Tinker could be not protected speech, it could elimi­ was misquoted, His Quote should reduced by half. "People used to nate about decisions made by the have read, " st year (while at the. 15 La think a lot of speech w s protected by court of appeals, and may serve to University's Waterbury campus) I a Tinker," but this undermine a large portion presented a poor case and this decision could mean of what that only expression that is expressed has treated as free speech year's was better," been under an approved form and concerns a Tinker. " the same issue, Susan Borges in In vi matter of public Neither attorney would venture a was misidentifi d in a story con­ ew point that is a e concern, will protected , Haley guess at bow th justices would cerning a controversy at Rancho be e de­ said. saying that guessing on opinions Alamitas High School in Garden cide, Although Coats argues that from oral arguments is "risky." The Grove, Ca lif. Borges is volunteer Tinker a concerns different issues, specifically Court adjourns or attorney for the American Civil f summer recess the expression of points of view, and July I. A ruling is expected to Liberties Union Souther n Cali­ be of is not whoUy applicable he handed down by Mayor June, but fornia who assisted Rancho Alami­ to Fraser, said that Bethel's position is consis u til then, for the first time three tas students in their case against the ­ n in tent with the earlier decision. years, th y have only to wait .• school district. "We're e not to suppress a v ew Report regrets the errors. trying ny i The

Spring SPLC Report 5 1986 ------COUR------TS Texas Twisted Times editor still shouts dispute not moot

A Texas student is appealing a state-appointed hearing deci­ officer's s on that the controversy between the i senior and his high school now is moot. Karl Evans was suspended last Fa ll from Bryan High School fo r distributing an issue of unreviewcd his "alternative" ne sp per. w a Th e Twisted Times. At the October pre earing before h the State Co mmissioner of Ed ucation, Bryan Independent School District agreed to remove references of Evans' suspension from his reo rd. Georgia c But the school "gave Evans the relief he was request ng my case still pending; i because Cadaver clients had violated ano her s a u e t t t t dealin di s i plini ng of g with the c stu­ litigation not yet laid to rest denIS," said Jeffrey L. Rogers. the attorney represen ing the school dis­ deviate from acceptab e t A legal dispute involving the Medi­ l forms trict. "We would lose based on College of Georgia's satirical of behavior. ..We have back­ the cal state law issue." newspaper, the has died grou ds different from the rest Cadaver, n Rogers was refe rr ng to e u r ­ down, but the attorney fo r the w m­ of you. Our mothers were Ger­ i a r q i e o ment which disallows the suspension an suing the paper, the Re­ man Sbepherds; our fa tbers assured of a s udent violations of that they aren't ready to bury the were camels, so naturally we t fo r minor port school rules. Instead, the student is argument yet. love to hump bitches in heat. placed in an alternative ed ucation Four years ago, Susan Brooks, a Say, Ms. Brooks, when do you progra m at special assignment centers fo rmer nursingstudent at the Augusta come in season?" in order to "keep the kid in college, filed suit against the editors A trial court agreed with the edi­ school anp off the streets:' he added. Ad­ of the paper saying they "degraded tors, but both the appellate court and ministrators at Bryan High S ool her personally and ber reputation in the state supreme court reversed the ch fa iled to follow this procedure when the community where she attended earlier decision and said that Brooks' they suspended Evan s. school." letter did not constitute a case of But James Harr ngton, an Brian Stone and Johnny Jarmen, provoked libel. C. i American C vil Liberties Union attor­ of the re­ The case was sent back to the trial i fo rmer editors Cadaver, ney re presen ing Evans, said all refer­ sponded to a letter Brooks submitted level to determine whether the edi­ t t to the paper November tors' response libelous, and since ences to he suspension have not been in 1982. was removed from the fi l . "They just Brooks asked them to upgrade the then, Brian Hudson, attorney fo r Jar­ e c a quality of the newspaper saying, "If men. said there have been no new h nged the language. The school doesn't deny that there are references you do - maybe the will be developments the case. Cadaver in o the i cident." hear ng officer the hands of students more - and The College's board of regents t n The i in nstructed Harrington to demonstrate the bonomsof bird cages Jess." were also name as defendents in the i in d that references the punishment The ed itors claim that Brooks case. Alfred Evans, the board's attor­ to the student's file. Rogers the paper was satirical and that ney, filed a petition to have his knew cli­ re mained in she provoked a kind ents dismissed from the case, bu t he lampoon of the said. she ved. said it hasn't been ruled on yet. Hanington is also contesting the reeei And "You're obviously a sensitive, Evans reiterated Hudson's constitutionali ty of the school's publi­ senti­ cation policy, which he hallenged member of society. . . and ments. "There's been no activity in c on caring fa ce during the prehearing. and with your God-given sensitivity about a year. From the defe ndant's its you should try to understand viewpoint, if the plaintiff isn't push­ labeld as an "attempt to suppress the how and why those less fO I1U­ ing, let sleeping dog lie.". discussion of ideas on the basis of a the r policy "remains nate members of our society i content." The 1986 t. SPlC lMoorl Spring COURTS

available for future use against Evans and all other students in a similar paper and sacrifice news content. She situation." he said. said losing the removed a valu­ News Evans "was p unished for failing to able teaching tool from her journa­ submit the paper (before distribu­ lism class, which she forced has been tion), and he admitted that he was to modify to produce the Fuse. aware (of tbat rCQuirement.),· Rogers Olson claims that the student gov­ said. But "such licensure is precisely ernment's decision to cut off funds the kind of 'prior restraint' prohibited for the News made solely was because by both (the U.S. and Texas ' ) Consti­ they disapproved of the paper s COD­ tutions," Harrington argued. "Stu­ tent and editorial policies. She is dents canDot deprived of their suing for the return of so t e be funding, h rights as citizens without the Stale's News begin publishing again. Bill demonstration of compelling inter­ can a Bethke, Olson's attorney said per­ est doing so, and no such demon­ a in suasive precedent for their case was a stration can made in this case." be federal court's decision in the 1973 Included in the district's policy are case, Joyner v. Whiting, 477 F.2d 456 prohibitions on the sale of student (4th Cir. 1973), which decided that publications, discussion about candi­ censorship of constitutionally pro­ dates for public office and "attempts tected expression cannot imposed be to impose extra-territorial jurisdiction by withdrawing support. financial upon student conduct," by disallow­ But the judge's recent trial decision ing distribution of unreviewed publi­ favored the college, cations off campus. arr ngton Pikes Peaks is H i said Colorado arguing that there was not a breach of of these and other elements of all the Amendment rights ec0- policy are issues in the case "Why is First because . nomic concerns had necessitated the student writing thought to be so Olson decision funding cuts. much more a nger than the writing da "I think (the decision) was pretty of adults that the fonner alone must only temporary far off base," Bethke said. "That's subject to licensure and prior be ed why we're appealing... restraintr' Harrington argued. plateau in case Bethke said that after the trial he But "tbe constitutional issue of the felt confident he had demonstrated policy not been addressed," Rog­ that some the student has Litigation is nothing new for Ju­ members of ers said. He argues that the the hear­ dith Olson, a journalism te acher at government had decided to terminate ing officer agreed to hear only Pikes Peak Community College in News funding because of the paper's discussions on was the constitutional­ Colorado Springs. So after seven co tent. start of the dispute, n From the ity of prior submission, and therefore, years of legal pugilism, ber of Bethke said, the school appeal bas claimed other complaints about tbe policy are a Colorado circuit court's decision that budgetary and administrative unrelated to the issue. "The law is last November, is hardly surprising. problems were the reasons for the cut very clear cut that prior submission is Since 1979, she first cbal­ "They they were trying to save when said not unconstitutional per se," he said lenged the school for violating her money and the paper wasn't cooper­ citing the d sion in v. eci Shanley First Amendment rights and those of ating." Dis­ He said was surprised by the Northeast Independent School her students, Olson has argued her he [n'et 462 F.ld 960 (5th Cir, 1972). case level of the state's court judge's decision, because "at least one at every "The ACLU wants to change the law system. Although two years ago the (person's) testimony.)was shaken on (Harrington) doesn't like the because state Supreme Court made a land­ cross-examination" and two de­ law," Rogers said. mark e sio Olson v. State Board admitted, during deposition, d ci n in fendants The school district is waiting for of Community Colleges and Occupa­ that content of the News was o a fact r Harrington to prove that references to tional Education, 687 P.2d 429 (Colo. their decision. thought it was an in "I suspension still exist in Evans' 1984), allowing an adviser to sue on adequate enough demonstration of file, but Rogers said he is doubtful that behalf of her student's, Olson had to the wrong motive (for removal of any action taken. e ect return to the trial level to obtain a funds) to make a First Amendment will be "I xp this to linger in present stage for a ruling on the FIrst Amendment issue case," he said, its month or so, and then rll lile a in the case, 79CV5570 (D. Olson was "obviously disap­ No. Ct. motio n to dismiss for failure to pre· Colo. Nov. 26, 1985). pointed" by the decision, Bethke said. sent (evidence). The Pikes Peak folded in "But she thought it (the trial) went News "If they had something to claim. 1979 after the student government well. She's pleased with the progress." I feel sure they would have presented it terminated funding for the paper. It As soon as the record of the trial is by now." was replaced by a smaller, low-budget filed and Bethke is given the briefing clerk for Harrington said they magazine, the Peak Fuse, which schedule, he said he and Olson A Pikes will are waiting for a decision on their is dependent solely on advertising ready to continue on this "unusual be appeal to the State Commissioner of revenues. Olson said that under the and long course of litigation. Education. "If that's t u rned down, fonnat, student editors have had "We're back in the appeUant rut new we'U go to district court." • to run more advertisements in the a in ". ga . 1986 SPLC Report 7 Spong COURTS

Io wa Paper's retraction settles libel case

A retraction that appeared in a made agai nst in because of "dickeri ng place­ been the ollicer tht' over" January issue of Th e past. In fact, no official co mplaims ment of the re traclion and the type of Daily Iowan ended a three year libel dispute had been filed agai nst Dreck man. pri nt to used. be­ be tween the paper and a local police said Thomas McDonald. anorney fo r Neither Bill Casey, t he paper's pub­ officer paper. McDonald said th� com­ l isher, nor Phillip Mears, attorney fo r . the Officer Daniel A. Dreckman plaints were actually made against the Ihe defendant. would comment on brought suit against the paper in the settlement. 1983 bus driver. after Th e Daily Iowan reported his "People were looking at him we ird The one paragraph retraction ran effo rts to break up an argu ment on an when he walked t e t," under the "Correction" heading of down the s r e Iowa City "'us. The woman w o po­ McDonald said. he was upset Th e Daily Iowan. It appea ed on page h "And r lice removed fr om the bus, later filed about it." two and was printed in bold type. a criminal complaint aga nst Dreck­ McDonald said his cl en t agreed to "His (Dreckman's) record was i i man fo r racial harassment. settle out of court last vear. "This is a clean ," McDonald said. "Now it's Included in the original story was a perfect example of fi hting fo r in his own mind even if no­ g the settled Quote from local NAACP official principle not the money. The se t­ body read it.". a , " who said "si milar complai nts" had tlement was delayed. McDonald said.

Missouri Sp ectrum staffawaits appeal ruling A St. Lo uis federal court of appeals constituted an invasion of pri vacy and was involved in the 1969 Tinker heard oral arguments in January on a and might be libelous. v. Des Moin es In dependen t Commu­ student censorship case, but it may Since then, the ACLU of Ea stern Distn'ct, 393 U.S. 503 nity Sch ool not render a decis on on the constitu­ Missouri and attorneys fo r the school (1969), decision that clarified the ex­ i tionality of a high school pri ncip l's district have been argwng the mauer. ten t of student ' mendme t a s First A n actions until this summer, said Amer­ One of the main question s in the case rights on sch ool property. ican C vil Liberties Union attorney, is whether the is an "open Edwards said she doesn't expect i Spectrum Leslie Edwards. fo rum" fo r student expression. the judges to take any action until But Catherine Kuhlmeier, Leslie Robert Baine, attorney fo r the early summer. But aine predicts a B Smart and Lee Ann Tippett-West, schoo,) has argued that the paper "is decision to made even later. "I be three fo rmer Hazlewood East (Mo .) an integral part of the curriculum, I don't think we'll hear anything till High School students, are used to think that's clear." The trial court fa ll. It's over, we've done our job. It's waiting on the law. hey filed suil accepted his argument and said as a in the hands of the court now." . T against their principal three years ago part of the curriculum, the newspaper and have been waiting ever since to could be censored. find out whether his actions in May But Edwards and her clients con­ 1983 violated their First Amendment tend desp te ties to a i the Spec trum 's rights as student journalists. journalism class, the paper covered The three women were ed ors and controversial issues and pri nted let­ it repo rters for the school's paper, the ters to the editor, making it a fo rum when Principal Ro rt fo r student expression similar to Spec trum, be Reynolds censored articles, which he those many other courts have fo und called inappropriate, fr om an issue of protected by the First Amendment. the publication. They sought an appeal which was Reynold , without informing the heard in January by the ighth Cir­ s E editors, ordered the paper's adviser to cuit Court of Appeals. delete a spread t at co ­ Edwards said she thought the oral of articles h v ered teen-age marriages, teen preg­ argume nt went we ll. "The Eighth nancy, runaways and the etTects of Circu it has done a lot of work (in this divorce on children. He sa id the area). They have a good background, material was "totally un necessary and but you can still never tell (how they too sensitive to be incl uded in the will decide)." She said one of the school paper." He also said the sto­ judges who heard the case. has served ries that Quoted un nam ed students on the judicial bench since the 1960's

8 SPlC r?eport Spring 1986 ------_._-_. _- --- .--._-- COURTS Illinois Invasion of privacy litigation creates new law in Midwest

A five-year-old invasion of privacy yearbook editor and later published, case involving a student could make without her consent. legal history in the Land of Lincoln "Invasion of privacy applies," this year. Landis said, "because Boos asked that Courts recognize four torts, or the work not be disseminated. When wrongful acts, that warrant invasion it was, it contained confidential facts of privacy, but Boos v. Board of about her and was published with her requests for relief from "somewhere Education Township District 214, name," he said. in the teens, to four." The school has

No. 81-L-28020 (Cook Cly_ Cif. Ct. Landis requested the court to im­ also denied Boos' allegation that she 1981), marks the first time an Illinois pound both the original work and didn't submit her essay for publica­ court has agreed 10 hear a dispute legal documents containing excerpts, tion. involving tills specific invasion of 10 prevent further dissemination of The case has not yet gone to trial privacy claim. private facts. Therefore, neither he because of delays that Landis blames "I know of no other Illinois au­ nor Nancy Arnold, the attorney for on the motions for dismissal. But thority where the tort of invasion of the board of education, could com­ Arnold said she hopes it will be heard privacy has been sustained on the ment on the content ofthe paper. within the year. She still seems confi­ basis of public disclosure of private But for about two years, Arnold., dent of her position, because even facts," said Arnold Landis, attorney has worked to get the case dismissed though the court sustained the cause for the plaintiff. on the grounds that there was never of action, "it doesn't mean we can't

The suit, filed in December 1981, any cause of action. "We don't think get a reversal on appeal." claims that the paper Madeline Boos this is something the law provides a And it is at the appeal level that wrote for her English class as a stu­ remedy for,"she said. both attorneys agree Boos v. Board of dent at Arlington High School, was Arnold said she has moved to Education could have an impact on submitted only for a grade. She al­ dismiss three times, and has been future privacy cases, and make "a lot leges that the paper was given to the able to reduce the number of Landis' of new law. ".

California

Court orders high school to run story

When Michael Shindler and the concerned that parts of the editorial tor, with limited legal knowledge, can Huntington Beach Union High might be libelous. correctly determine when material in School District settled their dispute But Susan Borges, Schindler's at­ a publication meets the definitions of out of court in January, "They gave torney, argued that the school had not libel and obscenity. "It is such a us everything we wanted." the stu­ met the burden of proving that the difficult decision to figure out. It's dent's attorney said. article was libelous as required by the much too vague," she said. "We've The school district decided to drop California Education Code. "I keep placed administrators in a position their appeal and accept an Orange hearing 'potentially libelous,'" she that even the Supreme Coun has a

County, Calif., Superior Court order said. "But that's not allowed. It either hard time with. " allowing Shindler to publish -his edi­ is or it isn't:' Borges said she thinks the press torial on Acquired Immune Deficien­ The provision in the state Educa­ coverage given to the Shindler case is cy Syndrome in the Scroll. tion Code allowing limited prior re­ another positive result of the dispute. The editorial, which was originally straint of libelous or obscene material "It brought to the public's attention scheduled to run in the November was also challenged in this case. But some of the difficulties student jour­ issue of the Westminster High School Judge Judith Ryan reserved judgment nalists have. These kids don't have student newspaper, criticizes the me­ on the constitutionality of such a the money for lawyers or they don't dia as well as religious and political provision. have parental and peer support. v leaders, like the Re _ Jerry FalwelL Borges said she finds fault with the Sometimes only if the (professional) for spreading myths about AIDS. state Education Code because it is press gets involved (can they get Principal Robert Boehme said he was wrong to assume that an administra- help).". ------.. ------::::�-=----:-:: Spring 1986 SPLC Report 9 COURTS California Editors win settlement in cut-and-dried case

a "legal arms race." "They got some high-powered. heavy weight attorneys from big firms who really corporate knew their stuff." The superior court judge ruled that the school violated the state Educa­ tion Code by suspending the students. The judge granted Bird's request fo r a temporary inj unction thereby enj oin­ ing the school from enforcing their publications policy. But litigation was prolonged by settlement conferences in which both parties to agree on the worked dam­ ages to be awarded. The students were asking fo r million. "When we $9 originally su t," DeKoven ex­ fIled i plained, "the damages were high be­ The skirmish between editors of an sheets called the Job cause I had to estimate what the Hatchet in Sep­ underground student newspaper and tember 1984. The official student damages be if th e case went to could the Fallbrook Union High School paper at Fallbrook is the trial. It was a leverage issue." Bird Tomahawk. District in Cali fo rnia was finally set­ This edition of the underground fe a­ said then the school district made tled out of court last December. tured a picture of then Secretary of "serious efforts to reach a set­ Al­ though litigation lasted only 15 Education Terrel Bell shaking hands tlement." months - a short time in compar­ with a local congressman and the The school district agreedto write ison to many student press disputes president of the board of trustees of apologies to Glusenkamp and Tiso in - the students' attorney said he was the school district. Included was a which they admitted the illegality of surprised the case dragged on that caption suggesting that "mind altering suspensions and the publications the long. substances" were being exchanged. policy. In exchange, the students "This was an unusual case, in the agreed not to pursue their Fallbrook Principal Henry case. De­ sense that, I believe a reasonable Woessner confiscated all copies of the Koven said that the students were attorney representing the school paper saying they were libelous also awarded $22,000. He said part of that board would have settled this as soon Tiso that pay fo r attorney's fee s and and obscene. Gluesenkamp and wiU as it arose," said Robert DeKoven an the rest will donated to the ACLU. appealed their suspension to the be instructor at Western California school district's board of trustees and But because the California court School of Law in San Diego and sought representation from the ruled only on the legality of the volunteer attorney fo r the suspensions under the state Educa­ American ACLU after their complaint was re­ Civil Liberties Union. DeKoven jected. tion Code, and not the question of helped represent the two students, libel or the Fit'St "We filed a motion as to the ille­ obscenity, Amend­ Daniel Gluesenkamp and Philip Tiso. ment free expression issues nev­ gality of the suspensions and the were He said that the terms of the set­ er reac . DeKoven said he thin1cs unconstitutionality of the school hed tlement agreed upon in February the judge would have ruled the board's publication policy," said in were the same ones he initially sug­ De­ students fa vor if he had had to. "This Koven. The school district's policy gested when the suit was was clearly protected speech." fIled. disallowed publication of articles that free The case have discussed child birth and re lated is­ probably would last December a San Diego Supe­ taken less time had the judge on sues, and any material that would be ruled rior Court judge fo und the suspension statutory and constitutional considered injurious to others or con­ both of the editors of the Hatchet Job gro unds, "You couldn't tained profanity. DeKoven said. Bird said. illegal, because the punishment didn't find (the Job) obscene or Hatchet meet the requisites of Californ ia Edu­ But Walt Frazer, a re rter cover­ libelous under standard the po any in cation Code 48900.5. DeKoven said ing the story fot' the country. There was no depicti on of Oceanside Blade­ that the code has specific categories said little progress was made sex, the was an obvious Tribune. and caption fo r suspending a student. There is no until the ACLU requested assistance joke." such category fo r distribution of an fr om an outside attorney, Charles As part of the damages, the district underground paper, he said. Bird. The school district fo llowed suit will also sponsor a one workshop day Gluesenkamp and Tiso origmally by also hiring new legal counsel in a addressing rights of the free express­ published a series of photocopied move that Frazer described as of ion on public school campuses. • part 1986 10 SPlC Report Spring COURTS

California Briefs

A Minnesota fe deral district No Fooling: court ruled in March that any prio r review of unofficial student publi­ Editors question cations by public high school ad­ legality of statute ministrators is a violation of the First Amendment. The court grant­ ed a summary judgment fo r the In 1984, the April Foo ls Day issue student publishers of the under­ of La Voz del Va quero, ran a sto ry ground newspaper To ur de Fa rce. that student editors at Rancho Alami­ The students were threatened wi th tas High School intended only as a joke. suspension by Fridley High School offici als fo r not seeking priorappro­ But two years later, fo rmer staff val before distribu ting the paper in members of the student newspaper spring 1985. The school is appeal­ are fighting a serious legal battle that issue. Instead, he will be defending ing the decision. (Bystrom v. Frid­ extends beyond the paper's parody the provision in the state education Jey High School, No . 3-85-9 11 (D. ·issue. The case raises questions about code that allows a principal. liIce Minn . March 5), appea l docketed, the constitutionality of the California DeLong, to restrain any material that No. 86�5 140 (8th Cir. April 7, statute that allowed. their principal to is libelous, obscene or may cause a 1986).). prevent distribution of the paper in significant disruption to the school the Garden Grove high school. environment. A Nevada fed eral district court The original article is "not impor­ Wenkhan said the case wi ll not set judge heard arguments in April in tant to the case anymore," said Gary a legal precedent fo r anyone outside the two-year-old case, Planned Pa­

Williams, American Civil Liberties California, because the ACLU is chal­ renthood of Southern Nevada. Inc. Union anorney. "What is most im­ lenging the statute as a violation of v. Clark COU1Ity Sclwot District. portant is whether the statute under state, rather than fe deral law. But a decision on PPSN's motion which the principal acted was in fa ct The California constitutional pro­ for summary judgement is not ex­ constitutional." Williams represents vision protecting free speech has been pected until fa ll. David Leeb, former editor of La Voz, more broadly interpreted than has the PPSN filed suit against the Distribution of tha t April ed ition First A mendment to the federal con­ school distri ct in December 1984

was stopped by Rancho Alamitas stitution , and has been consista ntly fo r refusing to allow high school principal James Delong because he upheld by the California courts. Wi l­ newspapers to carry the non-profit

said one of tbe articles might be liams said, explaining why he chose organization's advertising. It claims

libelous. The article, "Girls of Ran­ to argue at this level. But he admi ts that the district' s ban on the adver­ cho," was accompanied by a picture that this is a case of "first impres­ tising, which was enacted in 1979, of fe male students and a caption sion", because the Ca lifornia consti­ violates the First and Fourteenth indicating that they were a few in the tutional provision has never been Amendment rights of PPSN, high lines of prospe<:tive playmates that squarely applied to a high school school students and others "who were fo rming for interviews with setting. may need to be aware of Planned

PlJ1Yboy magazine. The girls admitted Wenkhart wi ll argue that the school Parenthood's services," said Daniel to Delong that they hadn't known district would be held financially re­ M. Holt, PPSN Community Affairs bow the picture would be used, but sponsible fo r any libel suits caused by Coordinator. PPSN is "asking the

none had complained or been upset , a student pu blication . Therefore, giv­ court to rule against . arbitrary " Williams said. ing administrators power to restrain censorship in the absence of nar­ Leeb filed suit against DeLong and material included in the current pro­ rowly objective guidelines," he

the Garden Grove School district to vision is their only means of protec­ added . • allow distribution of the paper. But tion. he lost at the trial level on the basis But Williams disagrees. "The dis­ that he had acted irresponsibly , "with trict would not be held liable because

unclean hands," by not informing the they have no control over the editori ­ women of his intentions fo r the pho­ al policies of the paper. (The district) tograph. The court also refused his is not in the same position as a

req uest fo r a preliminary injunction . private publisher, " he said. The judge did not, however, rule that Williams said he hopes the court the originalarticle was libelous. will fo llow its earlier decisions based The case is now on appeal , but on the state constitution. That is, because of backlogs in the Fourth Williams said, that the state cannot Appellate District, it could be another act in the capacity of issuing prior year before the case is heard, said restraints. It should apply the rules Ron Wenkhart, attorney fo r the imposed on the professional press - school district. Wenkhart agrees that "punishment after the fa ct. which is the original article is no longer an less chilling....

$pttng 1986 SPLC Report 11 ADVISERS

.. this is not an easy ney, admitted case:' he declined furt her com· but ment. The actua l decision-making is done the student editor, Janis said. But by lhe school's disciplinary action "had nothing to do with the editor who published the paper," he said. ·' It affected the fa culty adviser who is one-removed from the pUblication." Although no court date has been set, the case wiU be trie on the basis d of re a hes of Romano's First and b c Fo rteen h Amendment rights. Janis u t said be is not aware of a similar case, and Romano's could set a therefo re precedent fo r student press law. "It would give an adviser the same pro­ ection as the editor." t Edmund Sullivan, director of the Columbia Scholastic Press Associa­ tion, is encourage by this case, d "Things don't get challenged in the New Yo k City school system; a lot r of water goes under the bridge, Stu­ ent press law s very weak in this d i area, because it never rea lly made it into the curriculum here as it did in other parts of the co untry. "If Romano) loses this appeal ( now, don't think other student I advisers will try to take a tand in Ne w York s court agai n ," ullivan said . S Romano, a judge fo r the CSPA, said most advisers with similar prob­ Adviser steering into court lems probably never take their cases to court because the ex ra money they t When Michael Romano was sial issues," was added to his teaching earn for advising isn' t worth the herded out o his te nured advisory file. hassle. " Un onunatel , f f y public school position at Port Richmond High Romano said that a student edito­ advisers don't get much money; they School in State n Island, N.Y., he rial resen ng an opposing view of do it because they enjoy it. one of p ti I'm decided to "grab the bull by the the fe deral holiday was submitted for those.··.

" , horns, . pu lication but tbe stud nt editor of b e The teacher and fo rmer newspaper the refused it beacuse "it Cro w's Nest adviser at Port Richmond filed suit needed work." against the principal and 'The editor, and not me, said the school's the school board two years b each article needed work in the (the ago fo r r way of his conract and violation of his opinion) prese nt , and not was ed wha t First Amendment rights. was presented," Romano said. He A controversial student editorial discuss the said he tried to editorial that appeared in the February with the writer, but she never resub.­ 1984 edition of the prompted mitted it. Cro w's Nest Principal Margaret Harripg on' s deci­ School officials question t have "no sion to relieve Romano of his seven­ about Romano's right to put the story year advisory position. the said Paul Janis, Romano's attor She said in," ­ editorial , which questioned the worth ney. "They're not saying he should of celebrating Martin Luther King's have stopped the anicle, they're say­ birthday as a fe deral holiday, would ing he should have encouraged an probably spark racial unrest within o po sing article." But to what extent p the school. arring on 's letter of dis­ must an adviser attempt to balance H t missal, which rep m nde Romano an issue in a stu ent ri a d d newspaper, Janis for ail ing to fulfill his "responsibility asked. "What efforts should he have f as a teacher and as an adviser to to go through?" present a balanced view Robert Ligansky, the school's attor· of con trover------_. -. _._ .. _. . __ .. _..... _. 12 SPLC Report Spring 1986 ADVISERS Oklahoma No settlement in sight so adviser sues school

A March settlement conference clear controversial issues with the principle of the mauer fo r both fa iled to settle anything in the legal administration before allowing them sides," Onken said. dispute between a high school news­ to run," Onken said. Miller claims "The school recognizes the fa ct paper and the Putnam City the dismissal violated her First that students have a First Amend­ adviser District in Oklahoma City, Amendment rights. ment right ... ," Bleakly said. "The School said Judith Siayman Onken, attorney But William Bleakly, attorney fo r article was probably considered COD­ fo r Patricia Miller. the Putman County School District, troversial, but think the attitude I But Onken said she had not, "rea­ said the coments of the publication about the quality of the article was listically," expected to end the two were not the basis fo r her di smissal. that it was a pretty good issue." year dispute out of court. "There was "This is not a First Amendment Miller is seeking reinstatement as DO middle ground fo r settlement. issue. There were other personnel fa cu lty adviser of both the newspaper There was no give there," she sa id. reasons ... prior to that issue of the and yearbook. She said she thinks the paper." trial will set fo r May or June of Miller claims she was fired from be her position at Putnam West High A chart describing the reliability of this year. Onken is also requesting School because she allowed a six part various con traceptives and their ef­ compensatory and punitive damages, fe ct on sexual activities was included because think the (school district) series of articles on birth co ntrol. "} teenage pregnancy and in that April issue. Onken said "the acted ba fa ith, and were in viola­ abortion, in d adoption to run in the April 1984 articles dealt with the issue of teenage tion of (Miller's) constitutional issue of the pregnancy in a balanced and respon­ rights. ". To wne Cryer. "The (school) said she fa iled to sible way," but the administration comply regulations, to fo und the chart offensive. "ft was the with unwritten Virginia Best in bunch rated worst by Godwin

The Godwin High School would jeopardize my teaching, which go od." The Virginia High School PoJj� was recognized by the Univer� is ultimately more important." League is the annual statewide publi� tician sity of Virginia as one of the best last Dennis Wimer, the present year­ cations competition. Over the past year a statewide publications com­ book fa culty adviser, said "In the three years, Godwin has bee n in petition. But neither the previous yearbook, some pictures. awarded first place standing three 1984�85 yearbook nor fac ulty adviser Paige captions and copy could have been times, Wimer said. Whitten scored very well with God� read two ways. They were read the The s;udents on the yearbook staff win administra tors when the book wrong way; people read lines and probably didn't pursue legal action in to was distributed in the Richmond, pictures." because they fe lt it might "damage Va., high school last September. In the past, the principal had allow­ them in scbool with their peers and "We tried to depict Godwin the ed almost anything to run, in both the fac ulty and administrators," way we saw it everyday," said Susan the newspaper and the yearbook, Wimer said. they pushed, Icnow� "If Oehler, copy editor of the "with little censorship." But th is year, ing their rights, they wOuld have been Politician. "(But) they didn't like it. They the original theme fo r the annual. marked, win or lose. So they threw up wanted it all red and wh ite and fu ll of "Red Tape" , has been disallowed , their arms," he said. school spiri t." Wimer said. The incidents that occurred at the thought some pho­ The theme last year was "In pur­ begi nning of the year "put a damper Administrators tographs and copy were offensive, suit of excellence," and was depicted on the students," said. Wim'er OebJer said. Photographs of a student by using the design of the board game "They're being truthful (in their cov­ "illegally" chewi ng tobacco on cam� "Tri vial Pursui t." Wimer said admin­ erage), but they're not giving all the pus, and a story about datin g dilem­ istrators fe lt the students were poking truth." After all that, Wimer said nas for senior girls were among the fu n at Godwin by implying thaI the sometimes he even wonders, "'Am I objectionable on an itemized list pre­ "pursuit of knowledge is trivi al." going to be ripped out in the middle sented to Whitten. "The irony of this thing was that of the year.' " Whitten was demoted fr om her Paige resigned and right after. knew Now, "we worry about how they're position as yearbook adviser, but was thai she would get a good standing going to interpret what we print," allowed to continue teaching English within the Virginia High School Oehler said. ,.After all this mess, I at Godwin. League. The things (administrators) think about it automatically. She said she considered ta king legal were damning, were the things the "The yearbook this year is going to action against the school. " people wi thin the field looked at be really blah, really typical - 'We but ) weighed other things and decided it objectively and thought were very love our school.' " .

Sprtng 1986 SPLC Report 1 3 ADVISERS

Oklahoma Dispute still stings adviser but school salved

Long, district teachers have been Parties interested in the Tulsa the assistant to the superintendent fo r said collectively bargaining the ad­ School District student publications communications and media informa­ with ministration and "talking with policies are in dissent over more than lion. '-1nternally, everything has set­ the just the constitutional aspects of the tled down," she said. "The majority of school's attorney to see whether we guidelines. In fa ct, they can't even the journalism teachers have not had can reach some agreement on a policy that protects the school district's seem to agree on whether a current any problems (with the guidelines) at inter­ dispute exists. all." The dispute originally concerned ests, but doesn't limit students." Attorneys at the Oklahoma Educa­ the vagueness o� the district's policy, Any legal action would probably tion Association described discussion but the school asserted that the news­ surprise David Fist, the school board's over the school district's publications paper was an integra l part and product attorney. ''I'm not aware of pending gu idelines, which bega n in September of the journalism class, and, therefore, litigation," he said. Fist also said he when administrators at Washing­ did not warrant the same constitution­ has not heard of fu rther discussion on 1984 ton High School restrained an issue of al treatment reserved fo r an open the case since July 1985. the as "on-going." fo ru m. "Everybody is interested in deal ing Hornel Vo ice, But neither the school district's Eileen Simmons, f9 rrner advis­ with the issues," Long said. "But it's But attorney, nor district officials are er at Washington High School, present up to the students and advisers in­ aware of any discussion. thought we adviser at Central High School, is not volved to decide on litigation." • "�I put that to bed," said Frances Powell. satisfied. Her OEA attorney, Karen

BRIEFS

The vice president of Chemeketa an absolute right to refuse to reveal Commun ity College in Salem in confidential sources, the statute structed all student organizations to does not cover student reporters, comply with the provisions of the says Berezansky's attorney, Marvin Oregon Open Meetings law regard­ Zevin. Zevin has asked the court to recognize privilege based on the less of whether the college is offi­ a First Amendment would pro­ cially covered by the state statute. that Jerry Burger made the decision tect Berezansky and his sources. He in January after stude nt reporters expects the court to make a deci­ fo r the were barred sion on his request by Ma y .• Courier Fo ur fr om an ex.ecutive session between Student editors of the CougM the college dean and the student at County High Re,jew Patrick government. Although the state School in Stuart, Va., have retai ned does not recognize community col­ an attorney through the American leges under the statute's guidelines, Civil Union and have Liberties Chemeketa professors plan to pre­ demanded that the school board sent such a provision to the legis­ amend their current publications lature within the year. _ procedures. A student reporter fo r Patrick adminstralOrs have re­ Th e New at Hofstra University in fu sed to allow students to accept Voice Uniondale, N.Y., has been subpoe­ advertising fr om a Pennsylvania naed in a criminal assault case. draft and military counseling agen­ Berezansky covered a cy, claiming the ads are unpatriotic William Sep­ tember fight involving Hofstra and inappropriate fo r the school 1985 students outside a local bar and newspaper. The school's principal quoted several witnesses to the inci­ has reviewed and censored the pa­ dent who requested anonymity. At­ per since the original ad appeared torneys fo r the individuals charged in November. Stephen W. Bricker, the assualt demanded that the students' attorney, he with said Berezansky appear before the court hopes to resolve the matter without going to court. "The law dear in to reveal the names of his sources is and turn over all notes he took for terms of the school system's obliga­ the stories. Although New York has tion, going 10 court on this would rather pointless."' . a shield law that gives journalists be 14 SPLC Report Spring )986 CENSORSHIP

California Camera snatching restrains a story

Ph ilip Bacuyani tried to tell the would not be included in the stu­ the press in its crudest fo rm. Indeed, story of an accidental shooting at his dent's personal file. such act was more insidious than Oakland Calif, high school - in a Edward M. Chen, staff member of prior censorhip of a publication, as

single photograph . the ACLU who counseled the ph oto­ the act prevented the student press But the 17-year-old managing edi­ journalist, said because the photo­ from even gathering and depicti ng tor of the Freemont High School graph could not have been defined as newsworthy facts, " Chen wrote in a

Green and Gold and \985 "Cub "obscene, libelous or slanderous," letter to Holmstedl.

Reporter of the Year" never got that and because it didn't pose a "clear But O'Donoghue said media cover­ picture in October. Instead, fo r his and present danger" of inciting un- age m ay have been most significant efforts, Bacuyani was given a three­ in ending this controversy. "We re­ day suspension. ceived incred ible su pport fr om the Bacuyani and other student jour­ local media - television. radio and

nalists were ordered by Student Ser­ pri nt . ,. He said he doesn't anticipate vices Dean Lee Etta Mouton to stay fu ture squabbles at Freemont over ­ awav- from the scene of the accident. press fr eedoms because of the atten But when the student was shot on tion this case brought to the school. Freemont's ca mpus last fa ll, it was "But I expect (prior restraint) to

big news, and "{ didn 't think she was happen elsewhere, because the state justified," Bacuyani said, Disobeying guidelines are never really enforced." orders, he surveyed the crowded area O'Donoghue explained "each school for an angle fr om which to shoot the district writes up their own gu idelines departing ambulance. in accordance with legal precedents Mouton spotted Bacuyani and con­ and state law, to decide how they're fiscated his camera. "I didn't mind going to handle student publica­ the suspension so much, but { was tions."

mad when she snatched the camera, " Although he admitted Freemont Bacuyan.i told Th e Oakland Tri bune. lawful acts by students or substantial enjoys greater press freedom than Green an.d Gold ad viser Stephen disruption of the school's operatio n, most of the schools in the district,

O ' Donoghue said Bacuyani talked to the administration had no justifica­ O'Donoghue said he suggested. American Civil Liberties Union attor­ tion fo r even the limited prior re­ changes to Dean Mouton that would neys, but decided not to file suit after straint allowed for by California state alter the existing publications policy. Principal Donald Holmstead ended law. He said he wants a pol icy that both,

Bacuyani's initial five..

after only three days. Holmstead also tion of Mr. Bacuyani's camera consti­ rious situations and allows students told Bacuyani that the suspension tuted an unlawful prior restraint of to cover the story.• Ne w York AIDS story has students up in arms

Student editors and staff mem bers was the second i n a Iiv e- part series on the Pace cam pus as "conservati ve" of the Pace Press voted nol to sue Acquired Immune Deficiency Syn­ and "apathetic," and said t hat Wells

Pace University after administralors drome. Sookram, a senior. was forced intended to foc us student body a tten ­ fo rced the editor to resign and confis­ to resign by university administrators tion on an important issue. cated thousands of the Nov. 14 issue because the story used graphic lan­ "I1 didn't serve the purpose it was that contained a controversial article. guage to describe healthy sex and supposed to," said Brice. He said

"I pushed fo r su ing:' saId De nise ways fo r homosexuals to a void AIDS. when he read the story during layout,

Wall, the present editor-in-chief of said Roman Brice, managi ng editor. he ad vised Sookram against ru nning the Press on the New York City The University'S chancellor. Dr. it. "I didn't think it belonged in Ihe campus. "But a lot of people on the Edward 1. M Or1.ola, called the article paper, but he (Sooicram) wa s deter­ staffwere angry about the anicle. No offensive and said it was "ina ppro­ mined to put it In.'' one's opinion was asked fo r before priate treatmenl of an im port ant sub­ Brice also criticized the author's , the story was pUblished." ject. . But "(author. Richard Wel ls.) choice of words in Ihe article. "He The article, which fo rmer ed i lOr­ had a reason for writi ng each on(' thc (Wells) said it wa s i ncu m bent upon in-chief Brian Sookram approved , way he did," Wall said. She desc ribed conlinued on next pag'

Spr1ng 1986 SPlC Repon 15 CENSORSHIP

continued fr om preVIouspage him to use h is la nguage to break t through barri ers." Instead, Brice sa id, students were offended by the insin­ uation that they had to be spoken to in st reet language to der ta d un s n the tOpic. "In the January iss ue . we did a n article on healthy sex g ideli es by u n a doctor;" it was written in medical ter i n ology and the University had m no complaints. Administrators de ned their own fi handling of the situation as '"a swift. justifiable act. And the students seemed to agree, " Wall said. The Nov. issue was sent to the shred­ 14 der. and "everyo ne was pleased," she said. "Pace is not known for ils student activism:' "Frankly. the U ni versity over­ reacted ," Brice said. "The decisi on was so emotional that they broke their own rules fr amed in their consti· tution fo r our paper. That shows how much va lue they have fo r (the poli­ cy), because they walked all over it

themselves . " Last fa ll wa sn't t he ti rst time t he administration has acted "swi ftly" when "offe nsive material" has been published in the Wall said in ment protection enjoyed by a public Press. papers, but "made it so und like they Ihe fa ll of Vlhen many alu ni disappeared" - all of them. un i ersity , he said editors plan 1984. m .3.000 v Press were visiting the ca mpus, the paper "The story was critical of Pace and to "challenge" the University's publi­ published an editorial e rding the were really emba rra ssed ." cation policies in the fu ture. " We ' re r ga they University's MBA program. "The ed­ Although Brice admitted the going to make a real major problem Press itorial put Pace in a bad light," Wa ll has fe e legal alternatives because for them and fo llow journalistic w r said. Brice sa id the ad ministration Pace is a private universi ty, theref re ethics" instead of the rules set down o never admitted they confiscaled the nol entitled to the same Fi rs t Amend- by administrators.•

California Editor fights censors to save a story

Emelyn Lat, the 17-year-

Lat was already working on a story publication of " They haven't been flying their colors The Courier. about youth gangs the area near Douglas Baldwin, adviser fo r the anywhe e." in r her Union City, Calif., high school, paper, said school officials explained In the edited v rsion of the story, e when a 1 -year-old student at a near­ that their actions were meant to in­ Lat agreed to change the description 9 by hool was killed. His death re­ sure the safety of the students. "They "school gangs" as appeared in sc it her sulted fr om a decade-long turf thought there would be danger on original article, to "youth gangs," to war between two gangs: the "All B others campus, that other gangs would react, delete the names of alleged gang r Together" of Union City and the that there would be repercussions members and to eli i nat two photo­ m e "Junior Hayward Boys." '. (from the article) on campus," Bald­ graphs of teenag identified as gang ers Lat originally intended the story win said. mem bers. was pret y much satis­ "r t fo r Pacific News Service, but this Loca l media gave extensive cover- fied at the end. The es ce of the sen 16 SPlC Report Spring 1986 CENSORSHIP

story was there," Lalsaid. "But I st ill think what they did was wrong." The journalism students on the paper were fa miliar wi th their First Amendment rights, Baldwin said. They met with attorneys fr om the American Civil Uberties Union, but decided not to sue school officials because cases of this type frequently drag on fo r years. "They fea red they would be long graduated-and-gone before (the case) was resolved," Baldwin said." The students were most concerned with ':, getting the paper out, he said. "It was a Christmas issue, and they cared about it." Bender had told Lat that she would Oklahoma now keep in close co ntact with the journalism class, but neither Baldwin nor Lat has met with her, or been infonned of any guidelines changes. Condom quote sparks debate "I don't think this will happen An editorial in the Seminole Colle­ so Cox will know how to publish this again. There's been no effort on the gian started squawking thing, so his students will know what part of the administration to see the some at the November Seminole (Okla.) Junior is in line and what is out of line." next issue (of the paper) and there College's Board of Regents meeting, Cox, Collegian never has been in the past," Baldwin Pruitt and editor and was the basis fo r a motion to Beth Bergen attended the meeting to said. establish guidelines fo r the student defend the editorial. Cox said he read He said he had worried that his newspaper. students might have "a fe eling of the editorial before it was published. John Pruitt's comment in the Nov. "I went into this thing with open being burned and be more scared to 14 issue of the student paper sug­ eyes ... the one thing I checked fo r was do something. But 1 haven't seen that gested that the school's current mas­ to make sure it was not libelous. and yet." cot, "D-Bear," wasn't manly enough. 1 d be Lat wrote another article that fo ­ it is not. knew that it woul to represent the Seminole Trojans. "It controversial, (but) we have no legal cused on "girls and gangs". She said was suggested that we get a second, she wasn't intimidated by the events right to censor the school newspaper. more masculine mascot The two "There's no point in offending surrou nding the first article. "1 don't could take sides in 'shouting matches' people unless you have a real reason think they'll let me do anything I at future regents meetings." The edi­ to. (The students) have also learned want to, but I don't think they'll try torial continued by saying that some something about libel law, censorship this again.". students had suggested a " 'giant con­ and student freedoms. You've got to dom' would be appropriate, but who take advantage of those fr eedoms, would wear it? (Ted Phillips hasn't because there are people who will been asked yet)." take them (away from you)." Cox Pruitt later said his comment � said he thinks his studtfuts were in­ fe rred to the behavior of the Board formed of their First Amendment members at their latest meeting, say­ rights, but that this controversy re­ ing that their last "shouting match" inforced their awareness. was "childish, and I thought a child­ "I thought they handled it well," ish satire would be the way to display he said, commenting on the students' this." reactions. "They aren't more appre­ Phillips, an SJC regent, objected to hensive now, but they're thinking the editorial, particularly the word now in terms of public reaction." "condom", and told the local paper Cox said he agreed that the offen­ that both President Greg Fitch and sive language included in the edi torial journalism adviser JeffCox should be could have been avoided and that an held accountable fo r "the journalism alternative word could have "gotten standards being taught at the school." the job do ne." Phillips claimed at the meeting ','I've taught in class that there is that SJC rege nts act as the "pub­ no legal censorship of the student lishers" of the Collegian and should "press" Cox said. J taught them the have established some guidelines re­ best I could; I'm not going to tell garding proper standards fo r the pa­ them what to do with the knowledge per. "We need to set some guidelines they get. ...

SprIng 1986 CENSORSHIP

Nebraska signed to avoid implication that the statements were the official opinions of the paper, the students or the UNL classifieds university. In 1984, Truitt was fired because the paper endorsed political candi� are srutinized dates in the name of Th e Lumberjack. The endorsement was allegedly a vio­ The editor of the Daily Nebraskan lation of Title 5 because the paper is no longer has to deliberate over the fu nded by the Associated Students of advenisements that run in the stu­ Humboldt State University. Truitt dent paper at the University of Ne� claims the acti on violates state and braska at Lincoln. "There's a fe deral constitutions. separation of powers now," said Chris The California State Student Asso­ Welsch, fo rmer editor-in-chief and ciation (CSSA), who initiated Assem­ current copy editor on the paper. bly Bill 1720, claims that Title 5 itself "Now (advertising decisions are) up is unconstitutional. The bill is the to the ad and business managers." offshoot of Th e Lumberjack dispute, The separation of news and adver­ but the paper and its attorney, Arnie tising may relieve this year's editor, Braafladt, are not in full agreement but a two-year legal battle continues with the CSSA's suggested amend­ to needle the paper and its publica­ ments. tions board. The CSSA is seeking amendments [n 1984, Pam Peam and Michael to the Education Code that allow Si nn filed suit against the Daily Ne­ political endorsements in student pa­ braskan and the publications board pers as long as it states that the because the paper refused to accept editorial position or opinion is that of ads submitted by the students seeking the publication staff of the publica­ homosexual roommates. tion, and not necessarily the Califor­ The publications board had al­ nia State University's, or any other ready established a "non-discrimina­ entity providing fi nancial support for tory" ad policy stating that the California the publication. newspaper should not accept ads But the bi ll is still in a conference specifying race. religion, or marital Lumberjack still committee of the California legis­ status. Only fo r ads seeking room­ lature. Paul Kneppratb, legislative di­ mates could gender and smoking hab­ tryingto fe ll law rector fo r the CSSA, said the bill has its be indicated. been dalayed because the CSU Board Welsh, editor at the time, wanted of Trustees went on record opposing to bold the ad. "I wanted to think No trial date has been set to argue it. "That ldlled almost any chance we about it, because ultimately the (pub­ the dispute between Th e Lumberjack, had. We've been working with the lications) board sets policy," he said. Humboldt State University's student trustees fo r the last six months, ad­ Welsh said he wasn't sure whether paper, and the University's Board of dressing their concerns, trying to get the policy prohibited references to Trustees. The paper is still pushing the this thing to the governor's desk." sexual orientation. case, though their attorney admitted Kneppratb said th eir complaints After reviewing the submitted ads, it's only sloggj ng along. were politically-oriented and content­ the publications board added sexual Adam Truitt, former editor of the related. He said the trustees fe lt they orientation to the policy. Welsch said paper, and the rest of Th e Lum­ had not been properly informed about he had decided to run the ad. "[ think berjack 's editorial board are pursuing the bill. Other trustees fe ared if they self-description should be allowed. a two-year legal battle that questions supported the bill money spent on the It's perfectly acceptable to discrimi­ the constitutionality of an interpreta­ student papers would be used to sup­ nate about who you want to live lion of the Ca1ifornia Administrative port candidates they opposed. with." But he said at that point the Code. But Knepprath said there are sever­ publications board would have fired Title 5 of the code prohibits the al trustees who support the bill. him had he gone against their deci­ fu nds of any organization in the Cali­ "We're letting them cool ofT a bit, sion. fo rnia State University (CSU) system hoping they'll change their minds, or They have raised the Questi on of to be used to support or oppose any at least not be so adamantly opposed." the public's right of access to the political cand idate or issue. The intro­ But if the governor vetos the bill, fo rum of a public sc hool's student duction of a legislative bill has grown Knepprath said he doubts there will paper and the constitutionality of the out of this regulation alone, but the be enough voles to override it. publication board's policy controlling paper's fight is over the interpretation He said he eJtpects the bill to reach editorial decisions. of the code by CSU administrators. the governor in April, and Braafladt No briefs have been filed in the They determined that under Title 5, said he thinks the trial will be later in case to date .• all political endorsemen ts had to be the year than that..

I 8 SPlC Report Spring 1986 CENSORSHIP

Illinois Underground editors prevented fr on1 tunneling papers door-to-door at UI

Student journalists and housing would have different distribution officials at the University of Illinois rights. (But) they don't want to be ". are fe uding over newspaper distribu­ associated with the university. tion requirements on the Champaign They've made that very clear." campus. All these publications requirements Door-t

residence halls officials who said dis­ authorizing a ban on the Ch ronicle. n tributors of the paper were security "The DI is not an (official) student risks and solicitors. The Daily Illini, a organization. � Royko argued. "If yo u subscription-based student paper stiU become one, you have to funnel all enjoys the right to distri bute door-to­ money through the University and door. there are certain things you can and The University does provide can't do. The bottom line is, they stands fo r publications like the don't want anyone else in the dorm Chronicle, said Gary North, Univer­ because it's a bureaucratic hassle. " He sity housing director. '"There are dis­ said the "security risk" North men­ tribution areas at all public access tioned was not a legi timate argument places, and they're very accessible - beca use Ch ronicle distributors work they're not upstairs in some janitor's only in their own dorms. closet,.. he said. ....We're looking at whether the Uni­ North also questions the validity of But editors of the Chronicle said versity has made a narrow, specific, the paper's news dissim ination be­ the University's distinction between objective rule for distribution. In cause of the amount of advertising it the two papers is unfair. "The Uni­ First Amendment law, you �n'� contains. "Essentially this is a com­ versity can regulate tim e, pJace and make up the rules as you go along." mercial paper and it fa lls more under manner of distribution, but they must Geary said he thinks the real rea­ the solicitor area than distributor. " not discriminate," said Mark Royko, son housing officials object to the Although the Ch ronicle covers managing editor of the Chronicle. Ch ronicle is because "it's different." hard news, Royko admits that they "Restraints on one paper and not Ch ronicle editors readily admit their depend on advertisements to stay the other violate the First Amend­ alternative paper is different in con­ afloat and to make a profit. "We have ment. You have to treat the publica­ tent fr om the Dl. It is a politically to be able to distrib ute under the tions equally,'" said Barbara O'Toole, independen t paper which runs up to doors, there's more advertising im­ staff attorney fo r the American Civil l2 pages an issue and covers news pact. Advertisers don't"like the idea Liberties Union. The ACLU is pro­ that Cleary claims the DI doesn't of things (papers) being dumped." viding counsel for the Chronicle. want to get involved in. He said the The American Civil Liberties But North said he told publishers if DJ practices journalism in a kind of Union wrote the University request­ they provide him with a list of sutr "USA Today vein - it's more ing their position on the distribution scribers, he will allow them to distritr streamlined. - fo r the masses,'" issue, but no re sponse has been given, ute the publication door-�oor. Geary said. O'Toole said. Mike Cleary, editor of the Chro nicle, Royko and news editor Phil Rock­ In tbe meantime, the Ch ronicle is claims he was told a different story robr are fo rmer DI staff members, in financial trouble. "We"re pretty and that his offer to charge subscritr but the Chronicle offers them "more much out of business. The dorms ers a penny was rejected. "One protr freedom and a chance to try wme­ were about half of our circulation. lern Gary North has is understanding thing different," Cleary said. We've lost ads and we lost money last that a penny is as good as a dollar (in The paper is not only independent semester," he said. this situation)." politically, but it is also independent "We're a student paper,'" Royko O'Toole said she asked the Univer­ from the school, North said. And this said. "Any rights they give to the Dl, sity's attorney fo r their policy on fa ct ados to his list of gripes against they have to gi ve to us. This is a basic subscriptions. "I've had no response door-to-door distribution rights. "If pri nciple of freedom of the press. from him." but the issue of paid this were a regular student organiza­ They have no concept of th is, and subscriptions will be investigated. tion, it would be differen t. They they've fo lded our paper.".

SprIng 1986 SPlC Report 19 CENSORSHIP ------couraging the use of illegal substances, and that's big issue. We don't allow a that. It's counter to school board poli� " - cy. Although "Boris" claims the recipe was intended as a joke, cites Galison in his letter to the school board a Fourth Circ uit decision that deter� mined advocating illegal "material actions cannot u ormly prohib-­ be nif a prior review ideli e. Rath­ ited. in gu n er, advocating illegal acti ty can vi be prohibited only to the extent it will create a substantial disruption of or material interference th school av wi tivities." Baughman v. Freienmuth, 47 F.2d 1349 (4thC r. 1973). 8 i GaIison and two other seniors at - r Virginia Langley, Colin Fisher and Adrian Bar­ don, have been working on amending the Responsibilities and Rights man- Students push fo r new policy ual since "Boris" was suspend ed a year ago. They are request ng that the intended fo r i The Student Advisory Council fo r quires that mate al publications policy be a ended "to distribution allmust firstri be m Fairfax County, Va .. public schools, approved by the extent necessary to meet the con­ decided March it was time fo r a the principal. Brian Corhey whoa gr d­ stitutional requirements fo r p or re- in ri change. The body, w ich represents uated last May told the view of student publication s h Fairfax Jour­ that his three.ct.ay-suspension was students fr om the district's 24 high nal guidelines." Those requirements schools, officially voted to amend the "for hurting another person's feel­ would make the e st n guidelines xi i g publications policies in the student ings. " more specific, and wou d only restrain Corhey published his du g l handbook, and presented the changes RatiC41 rin publicatio ns defined as libelous or to the sc ool board. the 1985-86 school year without pun­ obscene, or publications that "create a h But a week after receiving the stu­ ishment, but in une, a tudent editor substantial di rupt on of or material J s s i dents' op nion, the school board noti­ at LangJey High School was not so interference with school activities." i fied the SAC that it would not act on fo rtunate. The co-editor of Ni tzberg v. Parks, 525 F.2d 378, The 383 the vote. Paul Galison, chainnan of who writes under the pen (4th Cif. 1975). LOON, " LangJey High School's SAC Students' name Boris, was suspended fo r "We do ave a policy the school " "il­ h in Rights and Responsibilities Com m it­ legal distribution of material." system requiring some review beca use were just two of the esti­ tee, said. These parents expect that, in terms of stu­ Mary Collier, chairman of the mated half dozen unde ou d news­ rgr n dent activities," Collier said. She said Fairfax County School Board, said the papers distributed in F rfax County the school board's a orney has had ai tt committee she referred to as the Stu­ public schools last year. But many of' the proposed amendments fo r a f w e den t Government Association, did those, including the have weeks and she expects d s on LOON, a eci i officially request amendments in the since shut down. Students "were soon. " ut don't forsee any B I policy. have sent (the scared to get involved," a son said. changes." "We pro posals) G li our attorney and we're working on Other students have made attempts at That surprise Galison. to " won't I a response to the request, Collier newspapers, but Galison said - none sure they're not going to ·'We're pretty said. have been very se ous, and the papers accept said "Since there's ri it," he no Galison said he was surprised the weren't dist but d. "They're just no legal pressure now they ri e action, , school board had acted on the dropped on the ground. (The adminis­ probably won't accept it without a big matter at all, because the response from the tration) bust you fo r that." (The school board members) are can't fight. school ,board ndicat that members The fo urth edition of The very conservative. They like the i ed LOON, all had no evidence of problems with the billed as Langley's o y objective status quo." nl current poli cy . thought, in the let­ exemplified exactly ....We·re hoping to en n "I newspaper, what gage them i ter, they said they're not going to do administrators and school some legal said. "But board battle," Galison anything about (the policy) because members said they find obj ectionable. first we're giving them a chance to they don't think it n e s to The publication not only encouraged change without fo rce we ed be because think changed." students to protest apartheid South it's the thing we can do. But if in fairest Students, however, have scru tinized Africa. but administrators fe lt it en­ they say to the suggestion, we may no the pol cy February when couraged drug use. The have to add bite ent. i since 1984, LOON ran a to our argum an editor of an underground newspa­ recipe for Apple Pot, a dessert that "We're not calling for anything per was suspended fr om Fa irfax High calls for one quarter cup of marijuana. radical," Galison said. We're trying to School fo r distributing his publication "We're not dealing with obscenity," update Fairfax County with the rest of ca pus. The dist ct policy re- Collier said. "We're dealing with en- the world." • on m ri 20 SPle 1986 Report Spr1ng CENSORSHIP ------

consciousness, it also raised some curriculum. Florida eyebrows in the community that Sfe· Johnson said the problem with the rios said has been labeled "thee r tire­ publication is "not so much that it's ment capitol of the world," since the an underground paper, produced by a Four represent release of the movi e Cocoon. no n· Pinellas County public school Sferios broke the school board's student, it's the fact that it contained thousands with publication policy when be fa iled to advertisements." Johnson said the submit Not For Profit fo r review prior school district has a blanket policy No t For Profit to distribution. "He didn't fo llow the disallowing the distribution of adver­ procedure," said B. Edwin Johnson, tisements on campus. "We don't Manny Sferios has, in part,accom­ attorney fo r the school board. "We want our schools cluttered with gar­ The official school plished ills mission. The students in haven't gotten to (the question of) bage." newspapers Pinellas County, Fla., high schools content yet." Johnson did say the are, however, partly funded by adver­ are starting to "open their eyes", magazine contained fo ur-letter words, tisements. words u thanks to the 16-year-old's magazine, although he admitted those But "this is an nderground docu­ Not For Profit. could not be defined as obscene. ment," Johnson said. "This boy, wbo Bu t if Sferios is going to keep his "Obscenity is not the issue," he said. is not a Pinellas County school stu­ peers awake, he'll have to fight the The question is, "are Pinellas County dent, is trying to distribute a docu­ that contains paid Pinellas Co unty School Board to do school district kids allowed to pro­ ment ad rt se You Hut it. The board voted to ban the "zine" duce this kind of material, and if not, ve i ments. know, Pizza u t and ut after the first issue of the Pinellas why should a non-public school stu­ co ldn' come in here pass o underground was distributed last Oc­ dent be allowed to?" (Sferios moved flyers and say 'come on in fo r some tober. It has been labeled a "filthy from S1. Petersburg High School's grea t pizza.'" rag" by some administrators because zone and now attends the private Schwartzberg said he had not yet it contains "dirty words" and scath­ Thorn Howard Academy.) ''I'm talk­ been info rmed of the school's posi­ Not ing criticism of local board members ing about words with A's and Fs," tion on paid advertisements in For Profit, and national and international fig­ Johnson said.. "This is not the kind of but he said, "I would love ureheads. language we teach our journalism fo r them to make that argument, But Sferi os thinks his publication students. " because then we could nail them on Not Fo r Profit con­ the Equal Pr tection Clause (of the is worth fighting for, so he and three Issues of were o s other students have filed suit in fed er­ fiscated from students, and Sferio 14th Amendment)." al district court against the school said officials at the school even Only the complai nt has been filed board, on behalf of aU area public searched his locker fo r the "obscene in the case, aod Johnson sajd he high school students. The exact num­ publication." He was ordered not to expects litigation to last at least a ber of students that includes is not distribute the magazine on school year. Not known, but it would not be less than grounds. About 3,000 copies of Already, Sferios has been the trail For Profit u 5,000. Michael S. Schwartzberg. Sfe­ were printed fo r distrib · blazer fo r other students interested in said rios' attorney, said his clients are tion to the 13 area high schools. publishing papers. He that he suing for the right to distribute and The American Civil Liberties knows of five that have come out the right to receive Not For Profit, Uruon and Schwartzberg advised the since his first issue. Most of these because with a "blanket ban on distri­ students to distribute the magazine didn't use fo ur-letter words and were buti on, all of the students' rights have off school property "to avoid hassles. circulated only in the editor's own been denied." We gave them (the school) every high school. Sferios said he doesn't Schwartzberg filed a request fo r a opportunity to back off," Schwartz­ think these otbers fo llowed suit "just permanent injunction tbat, if ap­ berg said. "It was our intention not to to piss off the school board. I think officials) ha e a o l proved, would allow Sferios to dis­ pursue it if they (school they v genuine interest in w r d tribute the fo urth issue of his bi­ allowed them to distribute off cam­ events. And to me, that's grea t." are using monthly mag;uine while the dispute pus. At least then, kids could take it "Other kids the rights is being settled. home to read it." But school officials they have, once they realize they can. confiscated As a juni or in high school, Sferios copies of both the second So many never knew they co uld do Not For Profit said he was "freaked out" that his and third issues of something like this, legally. They peers knew "more about make up when students brought them back on thought the school board had the than about how close we are to blow­ campus, claiming that the magazine ultimate authori ty.". was obscene and fo r the ing ourselves up." He said he was unsuitable • amazed when his friends knew noth­ ing about apartheid, a subject he gave much attention to in the October issue. "They don't read the (local news) paper," he said. So Sferios and some other friends decided to start a ND£RGROUHO stude nt publication that would "get students communicating with each other on important issues." Bu t the magazine not only raised

Spring 1986 SPlC Report 21 CENSORSHIP

Florida School changes policy and settles with student

A seventh grader and the Venice repo rt on the Bible. Principal John Area Middle School she attends in Zablakas, Higgins claim s, confiscated

Florida finally "' ironed out their dif­ the testaments fr om the students and fere nces" in April and settled their told her "what she had done was caae out of court. illega l ." Higgins sa id she offered Bi­ "The school admitted they were bles only to those students requesting wrong in prohibiting the distribution them . of Testaments," said the student's Higgins said when she distributed attorney, Larry LCrain. Bibles at school the nex t day, she was

In May 1985, Rebecca Higgins was escorted to Zablakas ' office, where he "admonished" by her principal, fo r and three other school officials "'inter­ aivilll copies of the New Testament rogated (her) concerning her religious to her sixth grade reading teacher and beliefs and affiliation:!>." She claims Ne w Yo rk classmates, following her secular book she was told not to repe at her actions. The Bibles were returned to Higgins on the condi tion that they be taken to Confiscated film her locker. Zablakas and his a ttorney argued was catalyst for that the school's actions were consis­ tant with the req uirements in the student lawsuit Establishment Clause of the First Amend men t. The clause compels Upstate New York is known fo r its governmental bod ies to rem ain neu­ rough winters. tral co ncerning re ligious matters, Although the climate this season in thereby upholding the principle of Ithaca was no worse than in past

separation of church and state . years, conditions in the New York But Crain. staff counsel fo r the burg' s public high school have been, Rutherford Institute, a nonprofit legal notably, more turbulant. defense organization special izing in Problems began when changes in FiTS1 Amendment freedom of rel igion student publications policies were an­ issues, said that argument was not nounced just before Ithaca High e viable . "There was no involvemen t School rec ssed in late December fo r by the state. There was no winter break. Students and adminis.­ sponsorship by teachers or staff. This trators clashed over this and other student voluntari ly passed out Bib­ First Amendment issues througho ut les." To back up his argument, Crain the semester, until in March one dted SuJJivan v. Houston Indepen­ co ntroversy finally erupted into a law

den t Sch ool Dislrict, 307 F. Supp. suit. 1328 (S .D. Tex 1969), which decided Michael Heath, a junior at IHS, that "the right of free speech also has filed suit in federal distric t court protects distribution of literature by against the Ithaca City School District students while on school property." for violations of his First and Fo urth The parties finally agreed that no Amendment rights, said Elizabeth student may be questioned about his Bixler, the student's attorney. Daniel or her religious beliefs and that a Bord onl . an attorney with the finn of sta tement regarding distribution of Bond , Schoeneck. and King which religious literature in the Sarasota represents the sch ool district, said be County School System policy would has not been informed of a filed be amended. Crain said he originally complaint. "Don ' t be so sure a law wanted the school to designate an suit is pending.," he said. a rea fo r distribution of religi ous In March, Heath photographed the materials. but the board voted that principal and student Gabriel Bor­ down .• den fo llowing a discussion about

------�c �R�e-�------i2�� port SPri ng 19a6 �ENSORSHIP

Borden's suspension. John Caren, cation of material that is legally distribution saying that it might be IHS principal, said photographing the obscene or libelous. But Caren an­ illegal. He re instated the policy of incident was disruptive and an inva­ nounced his decision to discontinue prior review. sion of Borden's privacy. He confis­ reviewing "unofficial" student publi­ "Whatever he's done, now con­ cated Heath's film. Heath claims the cations, thereby removing himself fo rms to the ge neral rules regulating suspension was newsworthy and as fr om the screening process required ti me, place and manner," said Leslie photographer fo r the official school by tbe Student Handbook. Deming, of the school district's law paper, the IHS Press, and the year­ "The censorship role has really firm. The courts have ruled that a book, he had a right to snap the been uncomfortable fo r me," he told school may establish reasonable time, photograpb. Borden and bis fa ther a local newspaper ib " January. He place and manner restrict ion on edi­ have signed fo rms permitting Heath said, in the past, community mem­ tors, so that dist ribution does not to develop the roll, but the principal bers have misinterpreted his role and disrupt the normal operation of the has refused to return it. assumed that he agreed with material school. "His position seems to be that just because it passed his review. But Borden's suspension was eventual­ (that photograph) violates the integri­ because publications were no longer ly waived with the understanding that ty of the disciplinary process," Bixler subject to review, Caren required that he would not distribute until the issue said. The principal ' s act was an un­ their distribution be limited to non­ in question had been approved via lawful seizure of property, and a school hours. the appeals process. After a publica­ violation of Heath's Fourth Amend­ Student editors of two other unoffi­ tion is rejected by Caren, it is sent to ment rights, she added. Bixler also cial newspapers balked. Paul Rossi, the superintendent, then the school said another student later photo­ 16, editor of TheSpec tator, and Peter board. graphed other students being disci­ McMurray, 17, editor of Th e Yo ung But "I'm troubled by the screening plined, but that the photographer Plumbers Weekly, complained that process in itself," said Nelson Roth,

"stood up to the principal , and he the changes in procedure actually an Ithaca attorney who counseled (Caren) backed down" when she re­ imposed greater restrictions on their Rossi in January. "I don't understand fu sed to give him the film. The stu­ fr eedom of speech. this," he added. "Ithaca is a highly dent was not disciplined. Th e Spec tator, a political/literary educated community with a high per­

Heath's interest in the controver­ newspaper, and winner of a first place centage of involved students. And sial photographs was sparked by Bor­ certificate in a Columbia Scholastic these students are making admirable den's controversial suspension. Press Association contest, is fu nded attempts (to produce good publica­ Borden, a se nior, was suspended fo r by advertising. Rossi and McMurray, tions). This seems counter produc­ distributing his unofficial student whose humor magazine is funded by tive. " pUblication, Th e Thing. He fa iled to subscriptions, said they were more in The district's policy was also crit­ exhaust the schools appeal process fa vor of retaining the old policy of icized in a March 6 Ithaca Journtll after the director of student acti vities censorship. Both fe ared that the new opinion. The local paper's editorial reviewed Th e Th ing and decided the constraints on distribution would re­ said "screening and censorship OUght satirical magazine was inappropriate duce the number of recipi ents of the to be abandoned: ...An adult society fo r campus distribution. Caren in­ papers and would hurt them finan­ that has been unable to define 'por­ fonned Borden that the magazine cially. nogra phy ' or 'obscene' can 't ask. "may have problems with copyright The dispute was widely publicized school principals to take on this task laws; contains advertisements to seU in January, and Caren eventually and act as unwiUing censors, on top materials for profit; and contains reneged on his decision to limit of everything else." • material which is not appropriate to be distributed on the high school campus." But Borden's first Th ing in December was not submitted fo r prior review, and he said the admin­ istration never reprimanded him. Caren said he didn't know the paper existed. Prior review of unofficial student publications has been the topic of debate since December when Caren first attempted to change the school' s policy. The high school has occasion­ al ly been " denounced fo r its permis­ sive bent," but the District's policy book is more conservative, in that authorities may regulate the content of these publications in order to avoid "material and substantial inter­ fe rence with the requirements of ap­ propri ate discipline in the operation of the school," and to prevent publi-

Spring 1 Q86 SPLC Report 23 CENSORSHIP

Ka nsas High school cable show in Shawnee Mission avoids controversy to promote the district

Every six weeks one of the five decided they needed to clarify their .. And there are many good things in public high schools in Shawnee Mis­ goals for the program.1 '" the district to promote, We don't get sion, Kansas , produces a news pro­ "The district never visualized this a wh ole lot of coverage on good gram to be aired on a local cable as another avenue of journalism," things. We get all the bad things we station. But, as students and advisers Nichols said. " It's intended to publi­ need," he said. Hickox said, the pro­ " have learned , calling the broadcasts cize school events." But Cathy McNa­ gram, was intended to create good "news," is a bit misleading. mara, KSMS·TV adv iser said the public relations fo r the district, and For more than fo ur years, the dispute was an issue the students he equated that to a magazine, rather Shawnee Mission School District has couldn't ignore. "Teachers were dem­ than news fo rmat. provided "a lot of money to give onstrating in front of the school." But the original fo rmat fea tured students some kind of eJ(perience in But that kind of event wasn't one student anchors at desks, "and that's production and speech before a cam­ the district wanted to publicize, and news ," said Susan Coughenour, news­ era," said Shawnee Mission South's the program 's lead story was censored paper adviser, and adviser of KUGR principal, Charles Nichols. But when before the October airing. at Shawnee Mission Northwest. "We Shawnee M ission South's program, "There are many things to learn in were mandated to cover nothing con­ KSMS-TV, tried to cover last Septem­ TV production other than journa­ troversial, but my background is in ber's con tract dispute between the lism:' said Wayne Hickox, Educa­ journalism, so I bad a real difficult

school board and teachers , the district tional Media Director fo r the District. time when (the district) told us what

to do . "My argument is, if we're going to do news, lets do news with a news

format . But if not, let's not call it news. Let's get some good equipm ent that serves the PR purpose so we can put together a slick, glitzy package

that has high impact. " she said. "(As

it is now) , we end up covering organi­ zations that have done well and sports that have done well." That is exactly what the district envisioned, Nichols said. "Since the idea is not journalism, strictly speak­ ing, there's no reason fo r controversy. This is not another 60 Minutes." Coughenour said broadcast journa­ lism was the area that interested her students. She said about 1/3 of her class is composed of students who also work fo r the school paper. "Fro m the beginning, the students wanted the program to be more 'Mike Wal­

lace style' - like 60 Minutes, or

20/20 - looking into the problems in an issue," she said. "At first, the students were very frustrated" by the limitations imposed by the district. But Coughenour said the students have complied with policy and never tried to cover anything that could be considered anything but public rela­ tions, SO she has not be confronted with censorship. Following the controversy at Shaw­ nee Mission South, Nichols said ad­ visers and administrators from the

24 SPLC Report Spring 1986 CENSORSHIP

five high schools met and agreed that Nancy Hall said her position as administration on behalf of the pro­ any material that might be controver­ KSMN adviser at Shawnee Mission gram. "I've already been to bat for the sial would submitted to the princi­ North was just another deadline paper tbis year," she said. "But with be pal of each school. dumped onto her already full sched­ broadcast, it's so fuzzy. there's no true McNamara described the newly ule as newspaper and yearbook advis­ law. There's nothing to look at to say established process as a "system of er. She admitted that that burden 'here's what will happen if we run checks," - a principal first screens could be the reason she might ap­ this.' I can look at the law print. with the material, and then passes it to proach a con troversy affecting tele­ But with radio and don't know TV, I other officials in the district fo r their vision differently than she would if I'm right," she "That's the said. approval. Two stones McNamara journalism. not the most frightening thing. If could say print "I'm in 1 submi tted to Nichols were delayed of it involves the 'we're right,' (I'd fight fo r the habit hesitating if TV fr om airing, because he was paper. But I don't know if I would go program), but I don't wa nt to go to "too busy" to review them. "The problem out on a limb (for prdgram )." bat and lose." the TV then is that we lose the timeliness of Coughenour cites other fo r Nichols explained that "the district reasons the issue," McNamara said. One of her apprehensions about battling the is pouring a lot of money into this to the stories. on the Kansas drinking give the students some kind of (pro­ age, was eventually rejected. duction) experience," and Hickox The opened with a shot of added, "If the progra m is not going to sLOry students fro nt of a local bar, "with accomplish what the district intended. in ads and neon signs in the windows we'll just stop." behind the students, indicating that's Some advisers think the financial where ail the South kids go to support is tbe reason administrators drink," Nichols said. He said he perceived the are differentiating between the two story as promotion, and "the promo­ media. tion of alcohol is not something I'm The program is totally nded TV fu com fortable with. We don't aUwo by the district, "We can't pitch in alcohol ads in the yearbook or news­ dime one," Coughenour said. But 65 paper." Hickox said he was unaware percent of the Shawnee Mission of the rejection, but said, it's the Northwest's paper is fu nded by adver­ principal's decision. We don't allow tising, she said. our IUdsto cuss on TV either." Students in the class, now "touted The guidelines assigned to the as production class," aren't a TV broadcast show do not affect any of learning journalism, Coughenour said. the high schools' newspapers. But she said they have acquired an Th e Shawnee Mission South's stu­ appreciation fo how a program is put Patriot, r dent paper, covered the teacher con­ together and fo r what they see on TV. tract dispute and even ra n an editorial Hall said she thinks the airing of tbe submitted by a staff member programs has a good experience KSMS been complaining about the program's fo r students and more beneficial ber censorship. "I don't fe el this than she just about the if talked (censorship) will affect the paper," medium. The class doesn't have a text said adviser Linda "I on public relations, and Coughenour Patriot Barber. have enjoyed freedom fo r seven years said public relations techniques have since I've been here; no one ever not been discussed. "Beyond the pro­ reads (before distribution) or censors duction standpoint, I'm not sure how the paper. Dr. Nichols has been won­ much they're actually learning." . derful in working with us," she sai d. .) "There have been several stories that thought might cause problems," I she added. And he has backed me up 100 percent and given me informa­ tion on court cases backing up stu­ dent press rights. So he's not unaware of press rights. don't understand why the TV "I station isn't handled the same way," Barber said. But Nichols said there a differ­ ;s ence. "I'm aware of the positions on student journalism. but don't see I this as the same type of thing. And if it came to fighting fo r media rights, teachers admit they might treat the TV program differently.

Spring 1986 SPLC Report 25 LEGAL ANALYSIS

Electronic Journalism

The First Amendment Extends Beyond Print

Radio and television are an important pan of life fo r constitutional protections attach and that medium must lUdents in the 1980s. Many grew up on televis ion and the be operated in accord with First Amendment principles. �pular music of radio, and studies show most rely on As the courts have long recognized, "the fa ct that a public nese electronic media as their primary source of news. authori ty provides fu nds fo r the establishment and main­ Significantly, student journalists are fr equently becom- tenance of a fo rum does not bestow absolute control over 19 a part of radio and television themselves. Today high the content of expression laking place therein. "1 :hools and colleges have student-run stations that pro­ Thus, the first and fo remost questi on in evaluating the ide news and programming. much like the student legality of the censorship of any state-run medium, such as ewspaper, fo r the school and community. a newspaper or radio station at a public school, must refer But wi th the popu larity comes the problems that to what has been called the "forum theory." Was this ludent newspapers have been fa cing fo r years. medium established as or has it become a fo rum fo r :ensorsh ip, sometimes blatant, sometimes subtle. is turn­ student expression? Ig up at student radio and television stations across the The fo rum theory was most clearly applied to the )untry leaving electronic media journalists wondering student media in the landmark 1977 case Gambino �'. 1st what their legal righ ts are. Fairfax County School Board.2That case established that a school-sponsored student newspaper which operated "as a conduit for st udent expression on a wide variety of topics" was protected by the First Amendment fr om censorship I- LBGAL by school administrators. The court in Gambino noted several fa ctors that contributed to its determination that the student newspaper, Th e Farm News, was a fo rum. The AIALYSIS paper ran student stories and opinions on topics other than those ordered by school officials. In other words. The Farm News provided opportunities fo r students to voice Although there have been no reported court cases their opinions or report on issues of interest to them.) Ivolving the censorship of the student electronic media, Many other student newspapers, magazines and year­ udent journalists and teachers need not fe el as if they are books have relied on Gambino to establish their standing :>erating in a legal void. The relative wealth of cases as a fo rum fo r student expressi on. Letters to the editor, volving student print media censorship provide signifi­ editorials and adverti sing in a student medium have each Int guidance as to how a court would look at the been seen as strong evidence of fo rum status. Similarly, 'nsorsrup of any student medium. In addition, a recent the fact that a publication is circulated to students or .se involving a pu blic university-owned television station members of the community beyond the publication staff yes helpful insight into the issues in question. All of creates a strong implication that the act ivity is not merely ese cases indicate that the relevant legal distinctions an academic exercise. A non-forum pu blication would :tween print and non-print student media are fewer than more likely remain in class liIes. Ie might think. Practically, there is almost no student newspaper that An important starting po int fo r discussion about does not qualify as a First Amendment-protected forum nsorship of student electronic med ia is to note the fa ct for student expression. Student radio and television sta­ at no public school is required \0 start a student tions may or may not be so different. wspaper or radio or television station. The decision to Many public university-run television stations are man­ tablish a medium as a fo rum fo r student expression is aged by non-student employees who may serve as editors, e committed to the discretion of school officials. How­ station managers or program directors with students er. once that decision is made and a medium is created working as reporters or production assistants. Such a a means fo r student co mmunication or expression, station is less likely to be considered a fo rum fo r student

SPlC Report Spring 1986 LEGAL ANALYSIS ------expression than would a cable station at another school court decided the PBS-affi liate stations in question were where the editorial positions are filled by students. The not public fo rums because they did not provide the key is whether the station has become an avenue fo r general public with a right of access to their use. But both students to express themsel ves. the majority and the dissenting judges in Muir recognized A school ca nnot "foreclose co nstitutional scrutiny" of that a claim of censorship in a government-sponsored its censoring actions "imply by labelling a student medium medium must be exami ned -' in the context of the existing as a public relations device or as a curricular tooJ.� Once a editorial fo rmat."! Many school-sponsored radio and student medium is determined to be in substance a fo ru m television stations do allow students to co mmunicate and for student expression (that is, students are given more to exercise their own right of expression. Muir strongly than minor control over the topics covered or opinions implies that censorship of a student television station issued), school officials are bound by the prOhibi tions of would be no more permissible lhan is censorship of a the First Amendment.5 sluden.t newspaper. One recent case came close to confro nting the issues Once the fo rum fo r student expression determination is that would be raised in a student electronic media made, strong First Amendment protections apply. As censorship dispute. Muir v. Alabama Educational Tele­ court after court has held, financial su pport does not vision Commiss ion6 involved an incident of "censorship" entitle a school to control content. CensorShip of constitu­ at two state-owned public television stations, one of wh ich tionally protected expression cannot be imposed at a was run by a public university. Both of the stations had public high school or college by punishing editors, sup­ refused to air a controversial Public Broadcasting Service pressing distribution, requiring approval of controversial program called "Death of a Princess," a dramatization of articles, removing displeasing material. withdrawing finan­ the events surrounding the 1977 execution fo r adultery of cial support or assening any other fo rm of censorship a Saudi Arabian princess. Regular viewers of the stations based on an institution's power of the purse.9 filed lawsuits claiming that such an action by a govern­ However, the law has recognized that the fr ee express­ ment television station violated the viewers First Amend­ ion rights of students can be limited by school officials in ment rights. extreme situations. When it is necessary to avoid material The court in Muir ul timately detennined that the state­ and substantial disrupt ion of school act ivity, some sort of run stations had not violated the viewers rights. bu t in speech restricting action may be appropriale. to Bu t courts reaChing that decision it made careful use of the forum have made clear that this disruption standard means analysis. It noted that the First Amendment "condemns much more than lively controversy, and i t is a standard I I content control by governmental bodies where the govern­ fe w schools have been able to meet. ment sponsors and financially supports certain fa cilities Some school officials suggest that there is a special through the use of which others are allowed to commu­ justification fo r censoring a student radio or television nicate and to exercise their own right of expression" and program simply because the medium is different fro m that cited several student press cases fo r that assertion.1 The continued 011 "ext page

Spr1ng lQ86 SPlC Report 27 LEGAL ANALYSIS

continuedfrom pN!Viouspage of a student publication. But fo r a non-broadcast sta tion, this appears not to be the case. There is no recognized legal distinction between closed circuit television, fo r example, and newspapers or magazine s that could justify any different First Amendment protection. But with broadcast stations a justification may exist. All broadcast stations. that is. those radio and tele­ vision stations that send their program ming out over the airwaves to be picked up by the ante nnae of their listeners

and viewers, are licensed by an agency of the fe deral government. Because there are a finite number of spaces

on the broadcast spectrum , the Federal Com munica tions Commission has been given the authority to assign broad­ cast freq uencies to radio and television station applicams in a way that fu rthers the public's interest.12 This authority has allowed the FCC to req ui re that broadcast licen sees cover all sides of a controversial issue (the '"Fairness Doctrine")13 and avoid the use of "indecent" language during child-listening hours. '� When a studem broadcast station is licensed to the school (as opposed to an independent organization), school officials might be able to justify ce rta in acts of censorship by showing that the censorship was necessary under the term s of their license with the FCC. For example, a student broadcast reporter who uses a string of fo ur-letter words during his dayti me broadcast would probably not be able to claim a First Amendment viola­ tion if the school punished him as a re sult of his speech. But the weight of student media law makes clea r that a school official that took such censoring action would have the weighty burden of demonstrating that the school's duties as broadcast licensee required him to enforce such a punishment Vague references to FCC re quiremems with­ out substantial evidence to back them up would not suffice. These contem-related restrictions on broadcast stations have been held not to apply to individual ca ble station programmers. IS Thus, only true broadcast licensees could use FCC requirements as a justification fo r censorship. The implication of all this mish-mash of cases does make one poim clear. Student radio and television jour­ nalists are not living in a First Amendment limbo. Like their Colleagues on newspapers, magazines and yearbooks, these young reporters and editors have the legal right to be fr ee from the unconstitutional censorship of school offi­ cials.•

IAntonelli v. Hammond, 308 F. Supp. 1329, 1337 (D. District, 393 U.S. 503 (1969). Mass. 1970). IISee Co urts uphold. expand Tinker standard, Student 2429 F. Supp. 73 1 (E.D. Va.), af firmed per curium, 584 Press Law Center Report. Winter 1985-8 6. at 35. F.2d 157 (4th Cir. 1977). 12Federal Communications Act of 1934, 47 U.S.c. 3429 F. Supp. at 735. sections 151-609. 4Trujillo v. Love, 322 F. Supp. 1266, 1270 (D. Colo. llThe constitutionality of the Fairness Doctrine is 1971); Gambino, 429 F. Supp. at 734. currently being questioned in the courts. Radio· Television sSee Gambino, 429 F. Supp. at 734. News Directors Assn. \'. FCC, No. 85-169/ (D.C. Cir.). 6688 F.2d 1033 (5th Cir. 1982) . art . denied, 460 U.S. 14FCC v. Pacifica. 438 U.S. 726 (1978). 1023 (\983). nFairness Doc trine only applies to programming cre­ 7688 F.2d 1043. See also 688 F.2d at 1050 (Rubin. J., ated by the cable system franchise. not individual station concuning). • programmers. 20 F. C.C.2d 20 I (1969). Regulation of BId. at 1058 (Frank M. Johnson, J .. dissenti ng). indecent but not obscene speech cannot be re gulated on 9See Joyner v. Whiling. 477 F.2d 456, 460 (4th Cir. cable television system. Com mUllin' Telel'ision of Utah 1973). Inc. v. Roy City. 555 F. Supp. 1164 (1982). 'OTinker v. Des Moines Independent Com munil.\' Sc hool

28 SPLC Report Spring 1986 LEGAL ANALYSIS

The Right To Be Let Alone

When Reporters Invade Privacy

In the pursuit of journalistic excellence, student increasing concern to everyone in the United States. writers often lean towards "hard-core" investigative re porting. Tec hnological improvements have made otherwlse private This kind of reporting can give rise to serious invasion of lives accessible to those with an interest. The advent of privacy questions, whether the reporter taking a picture telephoto lenses and wiretapping devices have greatly is of someone in a private place or recording a private improved the ability to "get the story." In the realm of con versation. It is important fo r the student journalist to journalism, privacy issues have come in conflict with the protect himself by knowing the limits of invasion of freedom of the press rights guaranteed by the First privacy law as they exist today. Amendment. Four kinds of invasion of privacy cIai'ms have been recognized by the courts: intrusion, portrayal in a fa lse light, public disclosure of private fa cts and appropriation. I� LIOAL Priv acy is considered a personal right, and only the individual involved can bri ng swt except the case of a in when the paren ts ca n also initiate action. minor Few p va cases involvi the student press have AIALYSIS ri cy ng actually gone to trial; however, a num r have be been filed in recent years. It should noted that almost all the be cases As this field of law develops the threat of privacy suits which have been settled out of court have involved the grows fo r all journalists including those of the student publication paying the plaintiff. continuedon next page press. At any time an individual fe els that his privacy if has been invaded it is possible that you, the student

journalist, could be sued . Another ramification of privacy issues possibly of more immediate concern fo r the student press is that administrators may come to lean on pri vacy

concerns as a basis fo r censorship. The student journalist should always aware of and be concerned about the delicate balance between an individu­ al's rights to privacy and the reporter's rights under the First Amendment. The legal right of privacy has been defined as the right to let alone, the rightof a person "to withhold be himself and his property from public scrutiny if he so chooses.'" However, privacy is not a right explicitly guaranteed to citizens of the United States by the Constitution or the Declaration of Independence. In fa ct, p vacy was not ri considered part of American or English common law until 1890. At this time an article appeared the Harvard Law in Review written by two Boston lawyers, Samuel D. Warren

and Louis D. Brandeis. The article was a response to complaints by the city's prominent citizens of a "yellow press" that served "idle and prurient curiosity." Brandeis and Warren held in their article that previous defamation and breach of confidences caseshad actually been decided on the larger concept of privacy. They went on to say that privacy was necessary to protect private people fr om and distress fa r greater than could be "mental pain inflicted by mere bodily injury."2 Since Warren and Brandeis' article appe

Spring 1986 SPLC Report � LEGAL ANALYSIS continuedtr om prl!Yious page should not be required to take the risk that he will be Intrusion recorded or filmed. The court also held that the p�blica­ Intrusion is usually defined as a physical invasion of tion of the story and pictures was not necessary to make privacy. It can take many fo rms including secret surveil­ the privacy claim stand Thus, a reporter or publication Ia.nce, trespass, taping of phone conversations or exceeding can be sued fo r intrusion even though the information the consent given by the subj ect. Activities such as obtained from the intrusion is never published.} misrepres.entation fa ll under intrusion and therefore could A 1969 trespass case established that the reporter of be co nstrued as an lnvasion of privacy. illegally obtained infonnation is protected from an inva­ As stated above, technological developments in recent sion of privacy suit if someone else actually obtained the years have made this fo nn of invasion of pri vacy more of information. The reporter, however, is in no way to solicit a concern both to reporters and their subjects. Pictures or encourage such activity.4 taken with a telephoto lens are safe from an intrusion There have been few coLles.e cases testin& the intnuion claim if they are taken in a public place. This is extended claim of pri vacy law. One case arose in Maryland in 1979 to anything that can be easily seen from a public place. when six basketball players at the University of Maryland For instance, taking a photograph of someone in front of a sued the universi ty's paper, the Diamandbadc, asIdng$72 window visible from the street by passersby would be million fo r invasion of privacy. The paper did not solicit acceptable; however, climbing a tree to photograph in a the players' academic records but had received them from second story window woul4 not. an unnamed source and had subsequently printed them. One of the best known cases involving secret recording The records showed the athletes to be in less than load and photography occurred in California in 1971. Two Life academic standing. The Maryland circuit court fo und that magazine reporters posed as patients to record the acti v­ the plaintiffs did not show that the reporters actively ities of a "Quack" doctor who was tater convicted of pursued the submission of the records or in any other way unauthorized practice of medicine. The "doctor" success­ encouraged tbeir submission to the paper. The court also fully sued the magazine for intrusion invasion of privacy. stated that by joining the basketball team at the University The court said that although a person who invites others of Maryland, the students had' thrust themselves Into the into his home takes the risk that they may not be what lime1i3ht. The court said that they. "will DQI be heard to they seem and will repeat what they saw or heard, he complain when the light focu ses on their potcntiaUY ' imminent withdrawal from the team. [Th eirI possible

exclusion from the team - whether fo r academic or any

other reason - [is] a matter of legitimate public inter­ est."s Some courts have fo und that the press can intrude upon private places during the coverage of a news event. This aspect of privacy was tested in a Florida case involving pictures of a 1972 fire. The reporter accompa­ nied the fire marshall into a home destroyed by a fire that had killed a young girl. Amongother pictures. the reporter took a photograph of the outline of the girl's body left by the fire. The mother sued fo r trespass, invasion of privacy and intentional infliction of emotional distress after the publication of the picture. Her case was based on the claim that the press had no right to enter a private dwelling. The paper's defense stated that it was covering a newsworthy event and therefore denied the trespass claim. The florida Supreme Court ruled in favor of the reporter but said that if the reporter bad been info rmed at the time of entry by the owner or anyone acting in his stead that entrance was denied, the reporter would have

had to abide by the person 's wishes.6 Reporters' entry to private areas has often been linked with the idea of consent. A 1978 decision of a New York State court refused to dismiss a trespass claim against two reporters fo r CBS. They entered a restaurant which had rece ntly been cited fo r health violations with their camera running. The court fo und that altbough the restaurant was

open ' to the public, the reporters had no intention of

patronizing the resta urant's service and had fai led to get consent from the owners to enter fo r other purposes.' The issue of limited consent came up in a 1978 case when Pam Bapick sued the Daily Aztec, the student newspaper of San Diego State University, fo r $400,000 after it used a nude photograph of her holding her baby. She had allowed an organization called Childbirth at Home International to use the picture but sued on the

30 SPLC Report Sprtng 1986 LEGAL ANALYSIS

5HH, 1 �£AR /SOMf.� I�.

I _gro---ds--t ha-t -th- ----se- -- i- '--n------e ------d=-d=-d---o ------i---h- ---j---r.--l -ig-----'. un e con nt d d ot ex tend to n wspapers a e t a story thus poruay ng t e s ub1ect n a a se l ht $5,000 out such as the Azrec. The paper paid Bapick. of Second is distortion where fa ctual material appears in in a pre-trial a manner third court after the judge told them conference such distorted that it is offensive. The category is fictionalization, fiction, including re fe rences to that the Aztec would probably lose.' recogniza- NH U� real people as themselves or disguised but still is � False l ight the second kind of invasion of privacy A is U.S. true is leading case exemplifying embellishment the claim. It occurs when in formation used in a Supreme 1974 case Ca ntrell v. way so as to Court's decision in the photograph or story, but is portrayed a City Publishing Companjfi. in Forest In that � a woman reporter change the meaning.false light and her daughter sued a newspaper and a after example of would be using a photograph published the and An women street they a story abou t death of the fa ther its showing two walking down the and pla�ing The court prost1tu· impact on the family. fo und that the paper had a caption under the picture describing rampant The ti on. actionable light c knowingly and recklessly printed untruths. primary This could be an fa lse laim unless prostitutes. embellishment poi nted to by Mrs. Cantrell Was the the women were in fa ct mask Qualify a false must statement tha t she was "wearing the same of non- To as light wore funeral," conditions: claim theit material expression that she at her husband's thus, satisfy fo ur it must be false, JIlust have been (communicated ha",,:e implying that the reporter had interviewed ber fo r the party). it not published to a third must fo llow-up article. In fa ct, he had talked to her at all. case a A 1983 case been done without consent and, in the of public c g m person pu�lic's attention olle e ade a fal se light claim that would figure (a who seeks the .o� is heading the limelight come under the of distortion. Lisa Kuhn sued the thrown into by her achievement or actlVIty) Ca mp us Digest $30,000 or official who holds or appointed fa T for invasion of privacy. The public (one elected office), it Diges t, an independent newspaper distributed on three public must have been published �th knowl� college campuses of reclcless disregard or in Columbia, Mo., produced a humor edge its fa lsity or or Ca mpus Disgust. f Its truth issue renamed the The paper included a fa lsity. ..candid pho to fe ature normally entitled "Faces," chansed Recent false light have fal len mto �as�c issue A of claims three fo r tills to "Tits and Asses." picture Kuhn's embellishment. 1S continued 011 categories. First is where fa lse matenal natpage

$PLC 5pf1ng 1986 Report 31 LEGAL ANALYSIS

about the plaintiff and thus was protected by the First Amendmenl. 14 A member of the staffof a news medium does not have 10 actually wrile a fictional account fo r a fa lse light case to be made against a publication or broadcast program. For example, in 1981 Karen Crawely sued the University of Missouri student newspaper, Ihe Manealer, for invasion of privacy and libel after the paper published three classified ads in her name. The advertisements, which Crawley had not sl.I..bmitted , indicated. that she was associated with sexual acts of gross immorality, Before the case went to trial, Crawley settled with the paper fo r $7 ,800.'� Despite Iheir similarities, there is a distinction between false light and libeL A person may sue fo r false l..ight, libel, or both. Libel m ust be defamatory and injure the individ­ ual's reputation, but it is possible that a person is put in a false light without his re putation beinginjured .

Public Disclosure of Private Facts The third area of invasion of privacy 'Jaw involves reporting information about a person that can be classified as private fa cts. The courts have ruled that to qualify as public disclosure of private facts the material must meet several requirements: be embarrassing, published, suffi­ cient to identify Ihe complainant and, sometimes in the case of a public figure, done with a known falsity or continuedfr om previous page reckless disregard fo r Ihe truth. The material may not be bust appeared in lhis section. Although her face was newsworth y, already in the public record or published cropped out, leaving only her upper torso, Kuhn insisted with consent. In such cases the truth is irrelevant. News­ that she was still recognizable and thus suffered emotional worthiness is the best and most used defense. Usually, the distress. embarrassment, shame, humiliation, mortifica­ courts have agreed with the media's view of what is tion and mental shock. The false light claim was based on newsworthy or is of public interest. the claim that the photo implied that "here is someone The courts will protect the media in cases where who is nothing but a pair of tits." The Campus Digest information has been obtained from public record. In Cox 10 settled out of court Broadcasting v. Cohnl6 the U.S, Supreme Court deter­ In another college case Sandra Chinnis claimed inva­ mined that the name of a rape victim could be published sion of privacy based on dislortion and sued the Uni versi­ if it had been obtained fr om public records. ty of South Carolina's student paper, the Gamecock, for A jury in a California dist rict court accepted Sports $250,000. A picture had appeared in the paper of her T!luslraled's defense of newsworthiness in a case brought waving a T-shirt over her head after winning a wet T-shirt aga inst the magazine by a champion body surfer, Michael contest at a Fort Lauderdale, Fla., bar. But the court ruled Virgil. Virgil, when interviewed by a Sp orts Illustrated against the Chinnis saying that the picture was a true I I depiction of a newsworthy event . Complex issues are raised by the last category of false light claims, fictionalization. When a real person is clearly a public figure, or the events portrayed are of public concern, false light claims usually do not hold. 12 The courts have made a distinction between fictionalization of a newsworthy event and pure fiction.I) Perhaps one of the best-known cases involving a fa lse light in a fiction piece was descrobed as levitating men during oral sex. Although the article was broUght by a fo rmer Miss Wyoming against Penthouse magazine. In a section of the magazine titled "Humor", an article ap­ peared about a Miss Wyoming named Charlene who was described as levitating men during oral sex.Al though the article was obviously beyond the realm of reality, the woman claimed that some of Charlene's characterist ics, such as baton twirling as a skill and the color of ber costume, linked her to the character. A jury fo und fo r the fo rmer Miss Wyoming but this decision was later over­ turned by a federal judge. The court said Ihat the article was obviously fa nta sy and did not assert fa lse claims

32 SPlC Report Spring 1986 LEGAL ANALYSIS

/

reporter, told the reporter that his hobbies included eating Appropriation spiders, diving down ghts of stairs to impress women The final category of invasion of privacy claim is fli and putting out lighted cigarett es his mouth. Later, appropriation - the unauthorized use of a person's name, in Virgil revoked his consent for the a cle, but it was personality, visage, or photograph for commercial pur­ rti published anyway. The court granted the defendant's poses. For a successful appropriation claim to be made, motion for summa judgment noting that the informa­ the material must have been published without consent, ry tion on irgil's hobbies related to a "legitimate journalis­ identified the person and used for commercial gain. V tic attempt" to explain his lifestyle and was of sufficient The Supreme Court has decided only one case of public interest.1 ? appropriation. Clevel nd, Ohio, news stati on filmed A a a decision involving a student, but not a student "Human Cannonball" Hugh Zacchini being shot out of a In paper, a California court found for the first female student cannon and it on the nightly news. Zacchini sued aired body president of the College of Almeda in her suit against saying that the of his t -se ond act commercialized film 5 c a local paper. The paper reported the fact that the new and appropriated "profession property." The Court al president was a transsexual, baving bad gender corrective found that First Amendment does not protect the the surgery. The ourt pa r had not proved a p s uch a ituation as the broadcast posed a c stated that !.he pe re s in s s "sul>­ sufficiently compelting need to publish the infonnation as threat to the economic value of his perfor­ stantial there was l ttle connection between the information pub­ mance."21 i lished and her tness fo r o ce.1 8 Most cases of approp ation arise fro m advertising, for fi ffi ri Although publk figures have little cause for action instance sing a file photograph in an advertisement u under privacy law, the courts hav e determined that the without gelling the permission of the person the in passage of time dilute a rso 's standing as a public picture. However a gro ng number of cases arise from can pe n wi figure to the extent that he have a claim of invasion non-advertising use. Usually, if the picture is. reasonably may of p vacy. A person who had been convicted of contempt related to an article or book of public interest, the case is ri of court for failing to respond to a grand jury subpoena not actionable. 16 years before was found not to a public and Although s ch a case has not reached the courts, it be figure u therefore had a basis for an invasion of p vacy action.19 appears fairly clear that a free newspaper, as opposed ri to In recent years, there have been an increased number of one that is sold, would not be protected from an appro­ invasion of privacy sui s based, at least in part, on a priation claim. It could a ed that using an t be rgu unautho­ breach of promi e by the reporter. Although, if true, such rized photogra h would help increase the circula on and s p ti a breach constitutes a violation of journalism ethics, the thus attract more erti ing dollars. As in adv s Zacchini, courts have generally found that it is not actionable under claims could be made that the publication or broadcast in privacy law. One such case involved the publication of the Question hurt someone's commerc success in their ial name of a rape victim obtained from the prosecutor as a chosen profession. result of an leged promise of confidentiality. co urt is important for all student journalists to remember al The It found that the publication was constitutionally protected that two defenses almost always exist to invas.ion of even if the promise was given.10 next page continuedon Spring 1986 SPLC Report 33 LEGAL ANALYSIS

continued page A s ude t journalist's rst always be fr om prl!�ious t n fi concern should the privacy claims: newsworthiness consent. Newsworthi­ newsworth iness of the information being and considered for ness refers to the readers. Con nt involves checking with publication. It is also wise to get se the consent from the the subjects to ensure that they agree to what is said about individual of any which applies to someone's material them or picture of them may used. Co nt that the be nse private life. s o w ys explicit and in to ns e I asion of privacy te ts are ot meant to hamper h uld al a be writing e ur full nv in res n protection fo r the journalist. However, consent can be the journalist's right under the First to Amendment withdrawn at any time up to the point of publication. If pur ue any story which he desires. Thus, the s student this happens, a great deal of consideration sho d given jou ali t should be aware of individuals' rights to ul be rn s privacy to the of the information because, if COD­ but if the is careful and thorough publication reponing with regard fo r an invasion of privacy suit, t e ub catio subject's rights, the of p vacy suits is greatly fr onted with h p li n the risk ri be fo rced to prove the newsworthiness the or diminished . will of article • picture.

, ,

IFederal Trade Commission v. American To bacco Co. , 1982). 262 U.S. 298 (1924). I2Street v. NBC. 645 2d (6th Cir. 1981) een. F. 1227 and Brandeis, Right Privacy", Har· dism issed, 454 U.S. 1095 (98 1). lWarren "The to vard Review, VoL 4, p. 193 (1890). IlSilwa v. Highgate Pictures, Rp . 1386 Law 7 Med. L. tr lDietemann \I. Time. Inc. , 449 245 (9th Cir. 1971). (N.Y. Sup. Ct. 1981). F.2d 'Pearson v. Dodd, 410 F.2d 701 (D.C. Cir.), cert. den ied, 14Pring \I. Penthouse International, Ltd. , 695 F.2d 738 395 947 (1969). (lOth Cir. 1982), cert. denied, 462 1132 ([983). U.S. I U.S. SBilneyv. Evening Star, 43 Md. App. 560, 406 A.2d S"Paper Reac es Ad Dispute," 652 h Settlement in Oassrned ( (979). SPLC Report, VoL 4, No. 3, (Fa11 1981, p. 28). 'Florida Publishing Co. v. Fletcher, 340 So. 2d 914, (Fla. 16420 U.S. 469. 49 1 (1975). 1976), een. denied, 43 1 U.S. 930 ([977). I7 Virgil \I. Sp orts Illustrated. Inc. , 424 F. Supp. 1286 7LeMistrai. Inc. v. Columbia Broadcasting System, 61 (S.D. CaL 1976). A.D.2d 49 1, 402 N.Y.S.2d 815 (N.Y. App. 1978). IXDiaz v. Oakland Tribune, 139 App. l 8, 188 Div. Cal. 3d t II"No nudes is good news" SPL C Report. VoL 3, No. 2 Rptr. 762 (Cal. pp. 1983). Cal. Ct. A (Winter 1979·80, p. 30). I'I Wolston v. Readers Digest, 443 U.S. 157 (1979). '4 19 U.S. ( 1 97 ). 20Poteet v. Roswell Daily Jo urnal, 92 170, 584 245 4 N.M. IGLouis Inglehart, Freedom fo r the College Student 1310 (1979). E. P.2d Press (Greenwood. Press: Westport, Conn), 1985, p. 157. 21 Zacchini v. Scripps- Howard Broa dcasting Co., 433 IIChinnis v. (unreported) No. 8O-CP-40- U.S. (1977). Gamecock, 562 3246 (Court of Common Pleas fo r Richland Coun y, S. t c.,

34 1986 SPlCReport Sprtng LEGAL ANALYSIS

A Rebirth

The New Undergrounds

In recent years the term "scholastic press" was synono­ mous with a group of students who published their work on campus as a school-sponsored activity using materials and equipment provided by their school. Almost every high school and college had an official school newspaper that provided students with their sole outlet for campus journalism. But the scholastic press in 1986 has taken on a new character perhaps more typical of the late 1960s and early 1970s. At high schools and colleges across the country, I-LEGAL 'fII" - -'" AIILYSIS '- -,

unofficial, non-school sponsored, "underground" newspa­ pers are turning up to present the viewpoints and ask the questions that more traditional publications may be miss­ ing. Spurred by personal computer publishing and a new wave of student activism, these news and opinion sheets often find a less than welcome reception from school -- officials and members of the community. The frequent --- result is outright censorship. So how far can a public school go in prohibiting or controlling unofficial student publications without infringing on First Amendment rights? Although courts normally do not interfere in the deci­ The United States Supreme Court has outlined the sion-making process of school officials, they will do so outer limits of a public school official's power to restrict when officials attempt an unacceptable prior restraint on student expression: expression can be limited on campus material that students seek to distril:3.ute on campus. only when the school authorities have facts which lead Courts have held that when an underground newspaper them to reasonably forecast a substantial disruption of or causes no disruption on a school's campus during class a material interference with school activities. I If the hours it may not be censored merely because the school content of the expression at issue does not materially officials dislike its content.5 Similarly, a prohibition of interfere with the requirements of discipline and school expression highly critical of school officials that does not operati on, or ifschool authorities do not have facts which cause any substantial disruption on campus is unconstitu­ justify a reasonable forecast of these harms, the expression tional. In fact, courts have said that speech highly critical may not be prohibited. If a public school official demands of school officials is to be ost f ered because it develops the the right to review unofficial publkations and, if found students' ability to think critically. Finally, they have held objectionable, refuse to allow their distribution, his action that the intent of the student journalist is unimportant: is labeled a prior restraint. Prior restraints by high school even though a student intends his work to cause substan­ officials of underground student newspapers have been tial disruption 00 campus, it can only be censored when approved in theory by some courts when the school can school officials can reasonably forecast that it will actually prove that the newspaper contained libel or legal obsceni­ be disruptive.6 ty, which would constitute suhstan'ially disruptive materi­ Not only must a school where prior restraint is allowed aJ.l But the federal courlS with jurisdiction over Indiana , forecast substantial disruption to censor, but it must also Illinois, Wisconsin and perhaps Minnesota have refused to set up adequate guidelines delineating what kinds of -approve any prior restraint,3 and no court has allowed it material will be considered disruptive and the procedure in a public college.� CQnI;nWti on Jtext �

$Pte Report 35 LEGAL ANALYSIS

[he scholastic press in 1986 lS taken on a new character ...."

prevIous page continll.edfrom to used to determine whether a should be publication be restricted. The guidelines must be very precise. They must prohibit only that speech which reasonably leads school forecast substa tia officials to a n l disruption of school activities, infonn a reasonably intelligent student of what is prohibited, specify the exact procedure fo r the initial decision to censor and provide fo r a prompt system of appeaJ.1 The emphasis is on fa irness; the person desiring to speak must know what pr i ite , not be out is oh b d confused by vague guidelines. Often cho l officials w ll justify s o i attempt to their censoring act ions by basing them -neutral-sound on 109 restrictions that make no reference to an underground newspaper's content. The rec ize courts have ogn d tiT at school officials can make reasonable regulations as to the time, place -and manner of distribution.s But the key word here is "reasonable." School officials cannot use time, place and manner restrictions to prohibit viewpoints they dislike. One court has defined reasonableness in this context as "whether such regulations measurably contrib­ ute to the maintenance of or er and decorum within the d e ucati na system, arc calculate p even t interference d o l d to r with the activities of the i versity, or obstruc­ nonnal Un tion of its fu nctions to im part learning and to ad vance the boundaries of knowledge , or are important in maintaining order."9 One neutral-sou nding regulation common at many schools is a ban on the stribu o of publications that di ti n contain advertising or that are sold rather than given away. School officials claim that the co mmercial nature of these publications makes them bannable. But as the United States Supreme Court has recogn ized , commercial speech is important because it informs consumers of ideas and goods an it is protected by the d First Amendment. lo On y they can p ve that a substantial di ru tion will l if ro s p result its distribution. assert s me from or o other compel­ dealt in s me less ling rea son that cannot be with o restrictive m nner, can sch ol officials make an across­ a o the-board prohibiti o underground publications on f that contain advertising.I I Similarly, non-

------submits the material and who can notified if does not be it As the foregoing material indicates, the law in this area satisfy the guideline requirements. But in the stales where is certainly not lacking. broa d foundation of cases, most A prior restraint in public high schools has been condemned decided in earlier years when radical and controveOiial and in all public colleges, a prohibition against anony­ unofficial publications were at their peak, provide strong mous literature would be h rd to justify. One court has a protection for the First Amendment rights of underground said that such a rule could constitutional if the school new voices be journalists. Before a school can silence these it could demonstrate a legitimate reason for it.13 But the must show the compelling presence of substantial disrup­ States Supreme Court has long recognized that the United tion and not just the fear of a new wave of non-conform­ distribution of anonymous material serves an important ing views .• function and prohibited in the general commu­ cannot be nity. U Another court has said the same justifications apply in the school situation and require that anonymous publications be allowed " [WJithout anonymity. fear of reprisal may deter peaceful discussion of controversial but important school rules and policies."ls

.)

I Tinker v. d nde t Community School 1970)_ Des Moines In epe n District, 393 U.S. 503 (1969)_ 7Baughman. 1 Baughman v. Freienmulh, 478 F.2d 1345 (4th Cir. 1973). aSword v. Fox. 446 F.2d 1091, 1097 (4th Cir.), cert. J Fujishima v. Board of duca tion, 460 F.2d 1355 (7th Cir. denied, 404 994 (971). E U.S. 1972). The recent grant of summary judgment in the case Arizona Board of Regents, 110 Ariz. 9See New Times v_ Bystrom Fridley High School, No_ 3-85-911 (D. Minn. 367,519 P.2d 169 (1974). v. March 5,1986) (order granting summary judgment), appeal IOVirginia Board of Pharmacy v. Virginia Citizens State docketed, No.86-514D (8th Cif. April 7, 1986), indicates Consumer Council, 425 U.S. 748 (1976). that the judge adopted the reasoning of Fujishima and II ernandez v_ Hanson, 430 F. Supp. 1154 .). Nebr. H refused to accept any system of prior review. However, the 1977). case is not binding law until the appeal is completed. 11Murdock v. PennsylvaniB, 319 105 (1943). U.S. 4See Antonelli v. ammond, 308 F. Su pp. 1329 (D. Mass. IlS rtacus Youth League v. Board of Trustees, 502 F. H pa 1970); Trujillo v. Love, 322 F. Supp. 1266 (D. Colo. Supp. 789 (N.D. Ill. (980). 1971 ). 14 Talley v_ California, 362 U.S. 60 (1960). sShanley v. Northeast Independent School District, 462 I� aco s v. Board of School ommissioners, 490 F.2d 60 J b C I F.ld 960 (5th Cir. 1972). (7th Or. 1973),vacated per curium as moot. 420 U.S. 128 Board of Education, 425 F.2d 10 (7th Cir. (1975). 6Scoville v. ------_._.------1986 SPL C Report 37 Spr1ng AWARD The Scholastic Press Freedom Award is given each year to the r high school or college student or student medium that has demon­ 1 strated outstanding support for �W the First Amendment rights of stu­ - of t dents. The award is sponsored by A he Sruden 8 t P _ the Student Press Low Center and the Notional Scholastic Press Asso­ ciation/ Associated Collegiate book Press. Nominations for the award are accepted until August of each 1 \Vorth year and should clearly explain why the nominee deserves the t Scholastic Press Freedom award and provide supporting material. reading. A nominee should demonstrate a

responsible representation of - press freedom through writing or L �'!JIit&.a� actions and the ability to raise S P L - difficult and necessary issues in -I news coverage Send nomination s to :

ScholastiC Press Freedom Award Law of the Student Press . a {our-year pro�t of the Student Press Law Center. i� the fiTSt Student Press Law Center book ever to offer an examination of legal issues confronting American's student journalists. and levels. 800 18th Street. NW advisf'rs education administrators on both lhe high school and college Th� book is understandable and readable without giving up tile essentiai material Deeded Suite 300 for an in -depth understanding of the legal relationships involved in thc production of student Washington, DC 20006 newspapers, yearbooks and electronic media. Topics covered include libel. obscenity, copy­ right.. prior review. censorship and model publications guidelines. available $5 each. Pre.. Center is Law of the Student Press is nowl Copies are only To order, send a The Student Law check for that amuunt. payable to " uill and Scroll," to: here when you need it. you are Q If facing a legal problem or have a Law of tbe Student Press Quill and Scroll question about your rights as a School of Journalism and Mus Communication student journalist or faculty advis­ University of Iowa er. call our attorney at Iowa City, IA 52242 (202) 466- All services are provided 5242. cost-free to students and teach­ ers. Internship opportunities with FRIENDS OF SPLC the SPLC are available during each school semester and the SPLC gratefully acknowledges Society of Professsional Journal- summer for college and law stu­ the generous support of the fol­ ists, Sigma Delta Chi dents with an interest in student lowing institutions and people, The Washington Post journalism. Interns write and pro­ without whom there might not be SUPPORTERS ($50 to $99) duce the SPLC handle an SPLC, and without whose sup­ Florida Scholastic Press Assn. Report, requests for information on stu­ port defending the First Amend­ Mary E. Hires (NJ) dent press rights and assist the ment rights of the student press Illinois State Scholastic Press Assn. would be a for more difficult task . Iowa City (lA) Executive Director by providing HS research and paralegal support. (Contributions from December to Maryland ScholastiC Press Advisers Interested individuals are encour­ April 15) Assn . aged to write for more informa­ Tom Rolnicki (MN) BENEFACTORS ($ 100 or more) tion. J. Marc Abrams (NY) Michael Simpson (DC) Drawing., cartoons Delmar Yearbook Company (NC) South Da kota HS Press Assn. and news are welcome and needed. William CarOl Ferry (NY) Santa Rita HS (AZ) tip. & The Talon, Help us inform the scholastic jour­ Gannett Foundation (NY) Ben Van Zante (IA) nalism community by contributing Nancy Green (IN) l. CONTRIBUTORS ($25 to $49) your skills and information to the Hertf Jones Yearbooks Colorado HS Press Assn. SPLC Journalism Association of Ohio Elaine P. English (VA) Report. Write or call us at: Schools Margaret Gentles (SC) Student Press Law Center Journalism Education Association Da niel J. Levinson (MA) Suite 300, 800 18th Street NW National Federation of Press Edmund J. Sullivan (NY) Washington, DC 20006 Women Texas Womens University Thurston HS (202) 466-5242 Newsdav (NY) (OR) SPlC Report SPrlng 38 1986 Knowing the law

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