I studentpress lawcenter ,..---------. ,,.. ""�·�'ci· ",.·,: - . .- - � --.-.. ------. .1 EDITOR Jody A. Zorgdrager Contents Colbv COllege ASSOCLATE EDI TOR Cover: .JillA. Ed Tn G rge W rung on Unl ...�rsit Y • On <Xlob:r 13. \he Supmne Coon questioned \be: attorneys in WRITERS Houiwood v. KuJtl1MUrr about thef"1I'St AmeodmcDt riplSof stlldeuts.,3 • Reception be� in lUIucipatioo ofbcariJI&, .. .. .......................................... S Etizabeth M. Kieszkowski Mark Goodman Unwer ltv0 1 CalifornIa Devls Studenr Press SchoOl of Law Law Center Courts: COVER .JackDi t.::k&son • PoitJI Blank Ibol between \be:.. cyes.. ....... ............................ ..................... 6 • Planned �thood expectins ch.anae in Nevada biabtdloois . ..... ...... 7 ART • Nebnlibn editor's risb' tD rejectads upbeld. ...... ......... ................ .........8 . ..... ............... .. Michael Brennan Emilio Soltero • Final appc:al fails fo r TOIV de FCI7I.V . .. ........., .................. 8 Ben BurgraH Tommy Thompson Mike Corey Rodney Rodgers libel: Jack Dickason Bruce Young • Parody may upand libel prouaion .... ....... .. .. executi ve director for Jeneyjournalists . 9 Mark Go m" Confidentiality: Corporate Board of Directors J Marc Ab�ams. ESQ Or LOUIS E . Ingelhan • Contract SCUlementnullifies need for talimony. ................ ........., ....... ) 0 Ar � Ar L. • The Owl sWfthink it wUe to forfeit Deprives..... ................................ )) �o' � � 1- a./I Sm.etJn lli«relly �� "Ir MI.IJ'>Qe. IN John Bowen Advertising: .JourNIIMn�rl()o1 Richard Johns o' OhIo� «>d�s-" Iow. Clty. "" LAlrflWOOfl H;ghSc;nooI • Calif- condom adOOQtrovcny resolvt(L.. ............................... .............. 12 LAkewOOd OH Jane e. Kirtley. Esq. • The Tor�h setsburoed by studl:1I\ lO�t ............ .......... .............. 1) Dr. Dorothy Bowles R� �(fN • InduJsentads still forbicld.en inCaIif................ ...... ............... ............ .. .. 14 �_ torr:ducwrJon FfNIdom of ",.PrtIM ��4Ir'd"'" �. oc �PolI School 01 JoumMt.,., Dr RObert Knight Censorship: � QI TiMlo_NJ I'Cno.InIiiIit TN sct-f�� n:muts Beth Olckey • N, Y. yearbook called beet fordcletiOIlof "racist " ................ 14 � "'�. PI'lou �� • Paper ban due10 linerproblem is rubblsb.... .. .......... ...................., ....... IS � Or Lillian Lodge Kopenhever • Ariz.frat IMmbentake thousands[)Dily of Wildau . .. ............. ,........ 15 �of� • TJC iNdents oeJcbr1tle �per distantin borizon.. ................... .......... .. 16 UnIwwMyoI Bout11. c.a.tona Ar� �•. oF �rIotI • David �tt wins Sc&oIasUc PrusF�m A"'ISd. ....... ............ ....... 17 ColumbIa. SC f"foritM In NonIt � Dr. Tom Eveslage MittmI. Fl. AI L� PhilIP Robbins Advisers: OIpr. ot� SocJ#fV Or P,o,..".,....,�. T�� SOrwo.IrII CIJl a.cwv- �0tI� • Calif. teacber abecut from. cIea...... _.. ........................... .......... ·. ..... ... .. 18 Christopher Feger . ESQ. W� nQrOn. DC Ar � T Rolnickl Ibaon. MA � "...'&1t8(l :fIifIOIlI legislation: �ed Mark Goodmen. Eso. M. �� ""N""" SPt.C w..."".,IOI'I. DC Laura Schaob • Missouri legislatiop c>pens doorsjournalislS to ... ................................ .. 18 Nancy L. Green � Scho4Mll(; A--. A� � �-=."" =T�g:-- Freedom of Information: A/Chtnoltd. IN Dr Alben Scrogg ns Sherry Heldik Ar � • Alum seeks new ClwnpiOD to fiabtaa:css war . ... ......... ....... ................. 19 Nom! PWn�l.MfL.. SdtOOl �of� NoIth"';;' f:Z/' NJ u�sc� Undergro n Newspapers: Mary Hires Or I<enson Siver u d A' � Joc/I11 , 01 � .." E�/JOItA'� CocJn& coMIIVi S PublIc SCIlOOIa �. NJ SDuttrrrMd. MI • TWISled Tima dispulertJ'I.isb� out in Teus ..................... ......... .. 20 • Prior rcyiewror II� pepen: Is il constitutional?. ........... ., ... 20 Edmund J Sullivan �� � tv.- ori( NY Focus: Religion: �. � ea'OI "",,_•• or tot, lOtI only • Distributionof Christian maa ..Jeada tDsuspaWon .............. ............ ...21 • Holy wars oyer religioLIS oulerial....... ..... .. ....... ............. ............. .. ..... .. 22 Legal Analysis: • The fi8ht10 dilCUSSreliaioD in the nude1It pr1:U.. .... ..... .............. ........ 24 � • UsiOl \be: law to Slop lhdL........ .......... ........ " ..................... 31 Model Guidelines: • SPLC unyeill a /lew vcnioolUI of old1taDdanI .... ................. .. ............ 35 2 SPLC Report WiMer 1987-88 'I COVER October 13: the student press's tum Hazelwood case is heard by the Supreme Court October 13 was not an ordinary school student audience, and should teaching process. Textbooks had Tuesday afternoon - at least, not not be in a student newspaper. He been issued to the students to teach for the people it brought to the later raised concerns that although journalistic concepts, and grades and Supreme Court building. Outside, some of the subjects were given credit were also awarded upon com­ some 2,000 gay and lesbian rights pseudonymns or were unnamed, pletion of the class. activists partici'pated in peaceful they still migbt be identifiable to In May of 1985, the court handed demonstrations, civil disobedience other students. Reynolds also down a ruling in favor of the school and protests on the building steps. claimed that the articles did not tell district, which said that the Spec­ Inside, a more formal protest was the parents' sides of the story. trum was an integral part of the being staged. With the help of the American school's curriculum and not a public The protest was against the Civil Liberties Union, Spectrum lay­ forum; therefore, it was not entitled censorship of a high school publica. out editor Cathy Kuhlmeier, and to extensive First Amendment pro­ tion. Hazelwood School Dislr;CI v. reporters Leslie Smart and Lee Ann tection. Kuhlmeier heame the first school­ Tippett filed a lawsuit in U.S. Dis­ That ruling was appealed by the sponsored student newspaper First trict Court for the Eastern District of students who brought the case back Amendment case ever to be heard by Missouri in mid·August. The lawsuit to court on January 16, 1987. Again, the Supreme Court. asked for a mandatory injunction the arguments centered around The case did not arrive at the requiring the school district to per­ whether the Spectrum was a public capital overnight Rather, it took mit publication of the censored &to- forum for student expression. four years of decisions, litigation and On July 7, 1986, the U.S. Court of more decisions to bring it before the Appeals for the Eighth Circuit re· nation's highest court. versed the district court's decision The first decision was made by For a third time, tlu argu­ and decided in favor of the students. three students at Hazelwood East "Spectrum was not just a class High School, in Hazelwood, Mo., to "umts wert to center exercise in which students learned to run articles about pregnancy, birth around whether the student prepare papers and hone writing control, runaways, divorce and delin­ skills, it was a public forum estat> quency in their school newspaper jou17lll1ists were entit'kd to lished to give students an opportuni­ back in the spring of 1983. lnforma· First Amendment protu­ ty to express their views while tion for the articles was collected gaining an appreciation of their through questionnaires and inter­ tion tUspite the fact that rights and responsibilities under the views , whicb were distributed to and the newspaper was pro­ First Amendment to the United completed by Hazelwood students, States Constitution and their state duced as part of a cltus in including pregnant students and stu· constitution," it said. dents whose parents were divorced. the school curriculum. However, that decision did not The subjects were aware that the settle the controversy. In November infonnation would be used for the 1986, the Hazelwood School District Spectrum. and gave their consent. asked the U.s. Supreme Court to ries and a declaration that the school Students were also given pseudo­ review the appellate co1ut's decision. district had u the stu­ nymns. infringed pon On January 20, 1987, the U.S. Su­ dents' First Amendment rights. The deadline for the issue of the preme Court granted the case a bear­ Attorneys Leslie Edwards and Spectrum in which these articles mg. Steve Miller represented t e students were to appear was set for May. But b For a third time, the arguments court on November the day before the paper was to be in 26, 1984. were to center around whether the argued the nt printed, the newly appointed adviser, Miller that stude news­ student journalists were entitled to paper was a public forum for student Howard Emerson, took the proofs to First Amendment protection despite expression and school principal Robert E. Reynolds that the school ad­ the fact that the newspaper was pro­ ministrators did not have the author­ for his approvaL Reynolds ordered duced as part of a class in the school ity to censor materials that were not Emerson to cut the spread from the curriculum. Also to be argued was obscene, libelous or potentially dis­ newspaper, changing it from a 6.paae whether school authorities could act rup i e paper to a 4-page one. None of the t v to classroom activities. to prevent invasions of the rights of Spectrum staff members were noti­ The school district countered his others by a school-sponsored news. fied of the changes. argument, saying that the students paper only when failure to do so Reynolds claimed that the articles who produced the publication were would subject the school to liability. were deleted because he thought they enrolled in a journalism class and were too "sensitive"