Student reporters fight for news access CONTENTS SPLCReport Staff . Resisting Resistance ...... 8 EDITORS StUdenlS s l ruggle for informalion under FOIA David Danner . . ColumbIa UniverSIty Students Need Not Apply ...... 34 Lisa Najavits Shield laws, press pass policies oflen exclude studenl journalisls _ ...... •.. .. __ . _ . --_.. --_...... __ _, , .. ._ .. .. _, ._ . ._ _ . -- _._-_ _ . . Barnard CoI!ege . . . . _-- -_ DEPARTMENTS ...... _ -'==== .. _-.. _ -�.----.._-,-_ ======_ - COVER ARTIST .
BobStaake Access ...... 4 UnIVersIty 01 Soul Min C3hlomla Oregon sludenl challenges �ch(}(ll board access denial .. . TYPIST Arkansas �tuden(s wi n accredilalion Dolores Risner Legislation ...... 7 DIRECTOR Carler proposes legislalion 10 oven urn Slanford Daily decision Michael D. Simpson . Privacy ...... 10 Newspapers may pu blish lhe names of juveniles StudentPress La w Center Libel ...... , ... 12 Executive committee COUf! deems student officers public figures for libel pu rposes carol Ann Hall Studen t P ress ...... , ...... , ... 16 a, """ Gho�01 Khomeini carloon sparks dealh Ihreal AtChsrOJohns �MJIJSaoI Soc :y ...... Censorship ...... 28 ICCJA rips Elgin adminiscralion ...In diana sludenlS sue Legal advisory committee 10 revi ve student newspaper
. .. 01(1 lopher Fa�er. Esq Alan LeVine, ESQ Advisers ...... 40 Leon Lelwin. FlObeltTl ager Esc! Perry ouseed al Kenl Slale ...Fired adviser wins $22,500
Advisory board Ethical Issues ...... 43
Gloria Brown Anderson BarbaraHines Ivy league edilors deal Wilh Playboy ad .,CommlllWC.aJiO'lt M�J�tx1ScIIoIatIc Pr.u I
. __ . __ . _ _ . ___ _ copies $O·?9 ���_ . ______._. _ .._ . _ __
_ _ ...... ---_... .. _--_...... --- ..._ _ .. _ _ - .. . 2 Spring 1979 SPLC Report LETTERS
======---�-====��--�----��======'Stand up Transou contests and protest' 'no tenure' label
To the editor: To the editor: I have been an avid student journal Re: "Students Win Lawsuit, Lose ist for the past two years. During (his Adviser" and "Students Victorious in time, one of my major concerns has N.C. Suit," SPLC Report (Vol. II, been the protection of the First No. I). Amendment rights of students working A basic journalistic principle (hat is on high school newspapers, literary drilled into any student of the craft is publications, and the like. As such, I the ethical responsibility and legal ne was most impressed by the Student cessity of accurately checking all facts I Press Law Center when became relative to a story prior to publication. aware of it through Mike Simpson's SPLC purports to be an organiza keynote address last February 22 at the tion dedicated to the support and pro Annual High School Journalism Con tions on student rights. My adviser tection of First Amendment rights of ference. held here in Milwaukee at read the article, said that r was wrong high school and college journalists. UWM. 1 share his remorse over the "all the way down the line" and told One would expect proper journalistic fact that there is a need for an organi me that he would not let the article be rigor at all levels to be the routine of zation like the SP LC. However, as published unless it was offset by a re such an organization. It is dishearten long as a few see fit 10 trample upon buttal statement by a school official in ing and confusing when such organiza the rights of others, someone must the same issue. (He even offered to tions blindly publish erroneous copy. stand up and protest. write the rebuttal.) I told him that such Tag lines essential to the slant of During my tenure as student editor a policy would not only contradict our both articles in queslion state, for two different student sponsored. editorial policy against prior review. it "Schultz, who is lenured, was replaced publications, I have been most vocifer would be an infringement on my rights of as adviser by a nontenured English ous in defense our First Amendment and a retreat to the blandness of "tin rights. As editor-in-chief of the Pius teacher with no journalism experi pan" objeclivity. But the episode has a ence." Since you failed 10 check with Scope (the student publication of Pius XI High School) [Wisconsin). r have either my principal, my associate su weathered the storms of several at perintendent of personnel, or my su I ob tempts at censorship of student report HSeveral administrators perintendent of education, am liged to inform you that at the time of ers. For example, when I was manag feared that my appointment to advise the Wildcat ing editor for the Scope in my junior Prowll had both tenure and experience year. several administrators and fa the article would give Pius in journalism. culty members tried to stop us from a bad image. publishing an investigative story. These Perhaps you should examine your people feared that the article, which I took the position that own practice or at least re-read legal dealt with filthy and unsanitary condi we shouldn't sweep definitions of libel per quod. tions in the school cafeteria and locker Retraction is in order. our problems in school rooms, would give Pius a bad image Enclosed is a check for resubscrip " and prompt protests from parents. I under a rug. tion to your publication in the name of took the position that the story should my journalism class. be published, mailllaining that we Cordially, shouldn't sweep Our problems in David G. Transou school under a rug. As a result of the happy ending-my column was pub Adviser, Wildcal Prowl efforts of other students and me, the lished without immediate rebuttal and Eastern Randolph High School article was printed and spurred useful received critical acclaim. Ramseur, N.C. feedback on the problem we were Furthermore. as a feature editor for probing. Metro Student News I have supported SPLC Reporl contacted Transou by Also. during thaI same year, I had articles that const ruci ively dealt wit h telephone in April and learned (hat he authored an editorial column thaI was subjects like teenagers' sexual activi had had tenure for three years when cril ieal of school administ rators for ties, birth control, venereal disease,' appointed adviser (0 Ihe Wildcat what I felt to be their undue imposi- and athlete abuse. Prowl. Although he has never taken a It's good to know that one has for course in journalism, he had been a midable allies in the effort to protect SPLC Report welcomes letters stringer for the Winston-Salem Sen the First Amendmenl rights of student from readers. Letters should be tinel while in high school and later journalists. I extend my gratitude and typed and double-spaced. Be served as newspaper adviser in a mid promise of support, now and always. cause of space limitations, those dle school. He was also involved with a Keep up the good work. published are subject to abridge magazine for Project Zoo, a federally IV ment. Michael Gauger, funded Title project. Report regrets Milwaukee, Wisconsin. CJ the error. 0
----_ ._-----_. SPLC Report Spring 1979 3 ------ACCESS
subject, an article he called "inac curate. " He told Clark: "If you had treated the story the way it should have been treat ed . 1 never would have ob jected 10 your attending the session." Clark wrote an article for the Roamin ' Scroll describing his unsuc cessful attempt to cover the board ses sion. The articl e quoted Straight as sa ying, "I don't have t ime to sit and listen to you kids." It also quoted Gladstone School District Superinten dent Frank Ellis as sayi ng, "I hope you kids don't make asses of yourselves. " Scroll adviser Linda Vogt was appre hensive about the quotations and called a meeting of four other teachers and Principal O'Brien. The group de cided at the meeting to show the article to Straight. O'Brien later told Vogt that Straight wanted the quotes re moved. Clark was not willing to remove the quotes, however, and asked that the GARy CORNE LlUS- COURTESY OREGON CITY ENTERPRISE COURIER story run in its entirety or not at all. Lawrence Wo bbrock counsels Roam!n' Scroll reporter A CL U oltorney Vogt insisted he rework the story or let Scolt Clark before school board meeting someone else do it . He refused, and Vogt removed him from his editorial OREGON ----- position. Another staff member re worked the article. which ran February High school reporter sues 14. Vogt told Mary Hartman, director for board meeting access of the Oregon Scholastic Press Associ ation, that she had her own et hical A Gladstone, Oregon high school matters. Meetings dealing with those dilemma: she was not sure t hat when journalist who was denied access to a issues may still be opened 10 profes Chairman St raight had given the sc hool board meeting and subsequenlly sional newsmen, however. quotes he knew they would be used in removed from his position as editorial Named as defendants in the suit are print. The staff was also faced with a editor when he allempted to write Gladst one School District, School problem because it now had three about his denial has filed suit against Board Chairman Bernard Straight, Quarters of a page empty on the day of his school board, asking that he be re District Superintendent Frank Ellis, paste-up, and Clark refused to help fill instated to his old position and all crit Gladstone Principal Francis P. il. ical letters be removed from his person O'Brien and Scroll adviser Linda Vogl . This was the second consecutive al file. Under Oregon law state agencies week that Clark had missed paste-up. Scott Clark, a junior and staff mem such as the Gladstone School Board The week before he had made arrange ber of the Roall/in ' Scroll, filed a class may exclude the public from executive ments wit h editor Lisa Schroeder to be act ion suit in U.S. Diwict COUri April (closed) meetings, but at the same time excused because of a heavy school 9 after he was refused admission to a may admit representatives of the workload. The next week, Vogt reo school board meeting dealing with "news media." Clark was expelled moved him from his editorial position. extra-duty contracts of teachers. The from the board's Sept em ber 27 meet She denies that the content of meeting was closed to the general pub ing despite an allorney general's opin Clark's article had any bearing on his lic but open to pro fessional journalists. ion that student journalists are consi removal. and says, "He was fired only The suit had origi nally asked the fed dered members of t he news media because he missed paste-up two weeks eral cOu r! to declare unconstitutional under Oregon law. The attorney gen in a row . He left the other kids to do it the Gladstone student publications eral has since issued an opinion staring the next morning." guidelines and to extend student re that because a student newspaper is Clark believes that Vagi 's act ion was porters the same access rights given published with school fu nds, the a direct result of his dispute with the professional newsmen . In late April, school can restrict the activities of its Gladstone School Board. The Amer after the suit was filed, the school reporters. ican Civil Liberties Union agreed to board changed those guidelines, allow Straight had reportedly refused sponsor the litigation. Clark is repre ing students to attend all meetings ex Clark admittance to the September 27 sented by Portland attorneys Ron Fon cept those dealing with the student and meeting because he objected ro an ear tana and Charles Hinkle. The case is teacher disci pli nary actions or salary lier article Clark had written on the scheduled to be tried in J u l y . CJ
4 Spring 1979 SPLC Report -_...... _--_ ...... _ ... _ .. •.... _ ..._ .•...... _----_ ...... _--_...•... _-_ ...... __ .._. _-----_. __. _------_._ --_._ .._ .. . ACCESS .. _.••••• """.•• ' :=:' •• =-======...... _---- -_ ..•.•. _.. _ •..._ •...• - .. _------...•..._ ----
ARKANSAS Students win press accreditation Arkansas college and high school stUdent journalist� won a year-long battle for police press accreditation when the Arkansa� State Police, faced wit h t he threat of a la w�uit from sever al students and �cholastic press organi zations, revnsed its position and issued press passes to student reporters. Ar kansas is the first state 10 adopt an of ficial policy of issuing pres� passes to students. The action by Doug Harp, director of the Arkansas State Police, cam(: just before staff members of Ihe Univasity of Arkansas at lillie Rock Forum, Ihe Fayelleville High School Register and I he Park view High School ConstiTl/ tion were to have filed suit in U.S. Dis trict Courl claiming I he police policy violated their rights under the First and Fourteenth Amendments. The Arkan sas College Publications Association and the Arkan�as High School Press Association supported the suit and agreed to provide funding for litigation and to be plaintiffs in the case. COIJRtESY PARKVIEW HIGH SCHOOL CONSTITUTIOI Steve Taylor, Ihen a slarr member of Constitution reporter Diana Campbell (jourthjrom left) and Forum reporter the COllstitution, originally sought a Judith Danielak (second from right) at tend legislalive session ajter state police press pass a fter he was denied access to issued presspasses 10 student journalists in January. the funeral of Senator John L. McClel lan in November 1977. His requesl was Little Rock attorney Richard that he was simply looking for a way te
never acknowledged in writing , al Quiggle and SPLC Director Michael avoid classifying students as member: though he had been told that he pro Simpson prepared the suit, but Col of the working press. He did this b, bably would not receive credentials. onel Harp reversed his position be stamping the word "studenl" on ead He appealed Ihis denial to Colond fore it was ever initiated, The stu pass. Harp, Slate Commission Chairman J. dents received their passes in late However, Simpson warned Harr E. Dunlap and then-Arkansas Gover January. that ''If state officials do not hono nor Davi d Pryor, without success. "I am positive that the lawsuil is (hose student press passes, then we wil Dunlap told him plainly that he why I hey changed their minds," said insist Ihat students be issued passe: thought the idea of issuing press pa��es Constitutioll adviser J uha Ann Mc similar 10 those issued 10 professiona to studenls was ·'ridiculous." Gehee. Harp denied this, saying rather journalist'i." [J
The Wisconsin allorney general's of Assistant Allorney General Charles Wisconsin fice has told the staff of the Eau Claire Hoornstra said in a February 7 leller Memorial High School Purple Wings that such a meeting "is best character access law that meetings between superinlendents, ized as an administrative meeting. principals and faculty membt'r� are not (Such meelings] are necessary for the
• 'meetings of governmenlal bodies" proper administration of schools land) excludes and therefore do nOl fall under the do not have the slatuS of meetings of
state's Open Meet ings Law. Adviser governmenlal bodies .... " ad hoc Patrick Simon asked for the opinion Hoornstra nOled. however, thai after a reporter was denied admittance school board meetings are covered meetings to an ad hoc committee meeting at under the Wisconsin Open Meetings which the developnent of a special pro Law and are I herefore open to mem gram for gifled students was discussed. bers of t he press in mOSl cases. [J
_- _ ...... - --- .. __ ..•..... __....•. . ... _ .. __.....• .. ..._ . .... _._- ...... ---. ' .. _-_ ...... _-_...... _ ..•.. SPLC Report Spring 1979 ACCESS
UTAH Melnnes has refused to talk to News reporters since January. All informa tion is released through the college Weber State editor Public Information Office, a proce dure that "gives him time to get his story straight," Dyer-Allison said . The wins salary data release newspaper has since attempted to cover every meeting on campus. Col The editor of the Weber State at one time considered JOJOlIlg the Also al issue at the school is whether lege (Utah) Signpost has successfully Signposl in the suit to emphasize his the administration is entitled to oversee sued the college administration and belief in the public's "right to know." the newspaper's financial dealings. various state officials to require the re The Associated Press of Salt Lake Dyer-Allison says student activity fees, lease of college employee salaries. City and t he managing editor of the which constitute two-thirds of the Judge E. Howell Taylor ordered the Logan Herald also filed official re News budget, are under the jurisdic information'S release on January 3 quests for the salary information, tion of students, not the college. She after remarking that his own salary was which were denied by the college. says the student senate will take legal public information. An appeal to the aClion if the issue is nOI resolved in AP reported Ihat education officials Utah Supreme Court filed in late Jan ternally.D in every state bordering Utah-Ari uary by Weber State College and the zona, Nevada, ldaho, Wyoming, Colo Utah Records Committee has not yet rado and New Mexico-said salary in F OR I DA been decided. L formation of professors and adminis John Redding, Signpost editor, filed trators is public. Judge okays closed the suit in November claiming Ihal the The Weber State College stance was college's refusal to release salary infor teacher hearings upheld by the State Board of Regents, mation violated a July 1977 ruling by the Commission of H igher Education, Teac her disciplinary hearings con the Records Committee that such data and the assistant attorney general, ducled by the Hillsborough Co unty is public information. though none of their opinions were le (Florida) Board of Education need not The State Records Committee is a le gally binding. be open to the public, Ihe Florida Su preme Court declared in February. gislative body spawned by the Ulah in The Utah high court is expected to In so ruling the court upheld the con formation Act of 1975 to set policy hear the appeal in May. 0 concerning public information. The stitutionality of a special law which Records Committee was named as a permits teachers in the Hillsborough COLORADO County School District to require that defendant in the case for failing to take _._-----_.... disciplinary charges against them' be aClion to enforce its July 1977 policy. No sunshine heard in private. The court ruled that The college attorney has defended the statute was a valid exception to the Weber State's position on t he ground at 5,000 feet Florida Sunshine Law. that releasing the salary list " consti The Hillsborough Classroom Teach tutes an unwarranted and unconstitu A district court judge refused 10 ers Association had joined the school tional invasion of the privacy rights of open a Pikes Peak Community College board in defending the law from attack persons employed by Weber State Col administrative meeting to the press in February. saying that the non-policy by Ihe Tribune Company, publisher of lege." Some college employees threat Ihe Ta mpa whose reporlers making body is not a state entity and is Tribune, ened lawsuits if their salaries were had been barred from disciplinary Iherefo re not governed by the released. Colorado Sunshine Law. hearings . Faculty members and the Utah The court said the law "is a valid le The college newspaper, Pikes Peak Board of Regents plan to file " friend gislative exception. II but refused to dis News, soughl a preliminary injunclion of the court" briefs with the Utah Su cuss the merits of that law. One judge to obtain access to an executive meet preme Court. dissented, however, stating, "Open ing of the president's cabinet February meetings in disciplinary matters against Utah Governor Scott Matheson of 14 where consideration of a procedural teachers are of vital importance to the fered another explanal ion for some in change affecling student organizations public welfare. A person incl ined to st i tutions' desire to relain salary infor was to take place. bring spurious charges against a mation. Seeking personnel in highly Judge Bernard Balcer said the 1973 teacher would hesitate to do so if competitive fields sometimes necessi Sunshine Law does not mandate that confronted with the requirement of tates that colleges offer more attractive "every goings on in the public sector is making such charges a matter of public salaries Ihan in less co pet t i v areas. m i e open to public access at a time when notoriety ....On the other hand, if a t Withholding salary dala relieves the in particular procedures are being u il charge against the teacher is war th'! executive ses stitution of potential problems among ized." He compared ranted, the accusation and hearing the faculty when some members are sion to a meeting whef/. policemen plan should be open, as the issue is one of paid more, he said. a narcotics raid. public concern ...." Tr ibune Com The governor publicly advocated According to News editor Marti pany v. Hillsborough Sch ool Board 4 Redding's cause, and the state auditor Dyer-Allison, college president Don MED. L. RpTR. 2244 (1979). 0
8 Spring 1979 SPLC Report LEGISLATION
S -_CONGRE .. _-_ .. --S Carter introduces legislation to overturn Stanford decision
President Carter asked Congress April 2 for legislation Asked why the administration had changed its position to overturn the Supreme Court decision Zurcher v. Stan Assistant Attorney General Philip Heymann commented ford Daily. which held that searches of newsrooms by law "Frank.ly. we can live in the law enforcement busines enforcement agencies are constitutional, even in instances without the powers we are giving up. And states and local where newsmen themselves are not suspected of crimes. ities can live without them also. " The decision stems from a 1971 case in which police ob If Congress approves Carter's proposal. searches for th tained a warrant and proceeded to search the Sranford "work-product" of newsmen, novelists. scholars an Daily offices in Palo Alto, California for unpublished pho others "involved in the dissemination of information t· tographs of a student demonstration at which some the public" would be banned_ police officers were injured. (See Nat Hentoff's article, At a White House press conference in April, SPU SPLC Report 8_) Carter said the decision "poses dangers Report asked Henry Geller, assistant secretary of com to the effective functioning of our free press_" merce for communications and information. if the scop The proposed legislation represents a reversal of the ad of Carter's legislative proposal would extend to college an, ministration's earlier position. In 1977 Solicitor General high school publications offices. "Yes. I think it would,' Wade H. McCree Jr. said that special protection to news he said. "There is a jurisdictional provision that it apply t, organizations would "represent a judicial endorsement of interstate commerce, but it is very broad. '. two classes of First Amendment freedoms. one designed According to Jack Landau. director of the Reporter for the majority of Americans and one tailored especially Committee for Freedom of the Press. the prospects ar for the press." The Justice Departme nt at that time urged good for Congress to pass the legislation in one form 0 the court to rule against the newspaper- another. 0
OFFICIAL WHITE HOUSE PHOTO COURTESY STANFORD DA'l President Carter has introduced legislation to overturn Ihe Supreme Courr decision which held rhat newsroom searches. such as rhar at Stanford University in 1971 (right). are consritutional
SPLC Report Spring 1979 :i
,j Resistingre sistance 1 Students struggle for information under FOIA
by David Danner A central target of these inquiries is But i f the relationsh ip between st u and Evan Hendricks the CIA's "Project Resistance, " which dents and the government intelligence In January 1978. Brown University involved extensive monitoring of stu community was not entirely honest junior Andrea Gaines decided to test dent political activities on campuses during the Vietnam war years. there is her rights under the Freedom of [nfor from 1967 to 1973. According to no indication that Ihe relat ionship has mation Act by filing requests with the memos obtained by the Wash ington become any more sincere a decade Central Intelligence Agency and the based Center for National Secu rity laler. Mark B. Levy. attorney for the Federal Bureau of Investigation for Studies, the agency kept tabs on stu Ohio Slate Lantern staff , says that as documents concerning those agencies' dent publications and underground students have sought information, "at activit ies at Brown during the J 960s newspapers to see how they were cover universities across the Uniled States, and I 970s. ing student response to national issues, the CI A has sought to stonewall dis such as civil rights and the Vietnam closure at every stage." Gardels' allor The agencies stonewalled, and by war . ney, Jack Novik, agrees. "The CIA is February J 979 she had received only a A University of California st udent resisling at all costs and is doing any· sparse collection of heavily censored named Nathan Gardels received , via an thing possible to prevent disclosure." and. in her own words, "fairly i nno· FOIA re quest, the memos that provid cuous" documents. They contained lit To o much deleted ed the first overall account of "Project lie information about the 1960s and Resistance ." The notes documented Gardels himself believes that the nothing at al l about the J 970s. CI A fears that the student press was CI A has withheld or deleted too much "They 're obviously leaving out quile under "foreign sponsorship. encour information from the documen ts he re a bit," she said. "I'm not satisfied at agement or training," and sought to quested concerning "Project Resis all. ,. identi fy any on-cam pus threats to tance" activities within the University But neither was she surprised at all. agency personnel, installations or proj of California system. He has taken his [n spite of Ihe 1974 FO ! Act, which re ec ts. case to the U.S. District Court in quires government administ rative Not that the CIA was the only agen Washington. D.C., where it is now agencies to make available information cy acting covert ly on cam pus during pending. His suit-as wel l as the CIA's requested by any citizen, United Slates that period. The FBI "s COI NTE LPRO response to his initial FOIA reQues t intelligence agencies have generally re (Counter-Intelligence Program) sought , illustrates the difficulties others face in sisted the wave of requests to open among other things , to undermine var trying to learn details of past govern their files on secret recruiting and sur ious col lege newspapers by writing ment spying projects . veillance programs which they con anonymous letters to advert isers warn Gardels first became interested in the ducted in the pasi on American college ing of the publications' affiliations agency's riles when he learned of the campuses. with the "New Le fL " The agency in at 1976 report of the Senate Select Com Although a few heavily censored least two instances published bogus mittee on Intelligence which suggested documents-such as those received by "student" newspapers to counter what that the CIA had maintained scores of Gaines-have been released by the it considered leftist publications and possibly illegal contacts, to be used "in CIA, the Army and the Navy, more wrote phony letters to members of the an unwi l ling manner for minor activ than 40 Freedom of Information re Michigan state legislature as part of a ities." The agency responded to his ini quests, initially denied, are now be ing successfu l campaign to cut funding of tia l request -filed in t he spring of appealed by university and college student activities at Wayne Slate Uni 1977-by releasing th ree uncensored newspapers. ofricials and students. versity in 1969. let ters to college placement officers Severa ! student newspapers-including and 155 documents that contained t he Ohio State Lanlern. the Penn State scores of deletions. Collegian , and the Columbia Sp ec Evan Hendricks is editor of Access But Gardels sensed that he had been talor- have filed lawsuits in attempts Reports/Privacy, a Was hington news shown only the tip of the iceberg, and to obtain documents denied them feller. David Danner edits SPLC asked the CIA's appeals unit 10 review under appeal. Report. his request for more complete dis-
8 Spring 1979 SPLC Report closure. In November 1977 he was pro vided with 18 additional uncensored and 21 censored documents. The agen cy refused him 18 documents on the grounds that their release would en danger national security and refused to confirm or deny the existence of sev eral other documents, claiming that such an admittance would endanger confidential sources on campus. In February 1978 he filed suil against the agency, demanding full disclosure and an "itemization and justification" for all material thai was withheld. He also demanded a more complete expla. nation as to why the CIA could not acknowledge the existence of certain records.
Response Insufficient
Under the 1974 law, Ihe Freedom of Information Act does not apply to rec ords designated as "Secret" by execu tive order. records exempted from dis closure by statute, and personnel and medical records, the disclosure of which would constitute an invasion of personal privacy. Nonetheless, Gardels found the agency's response insufficient. His at torney. Novik, argued that the CIA gave justifications only for five of the 250 documents which it either censored or withheld. And by failing to confirm or deny the existence of other records, he said, the agency made it impossible to determine whether the documents were properly classified as national se curity data and therefore exempt from disclosure. The agency's rationale for barring disclosure of the material-or of the fact that other files existed-came in the sworn statement of National Secur ity Council member Michael Oksen berg, who said, "I strongly believe that requiring the Agency 10 disclose the names of other academics who develop similar personal relations will destroy associations that benefit both academ ics and foreign policy interests in the United States." Specifically, he said that disclosure has resulted in "innam matory articles in college newspapers alleging ties between China centers and the university (when) in fact, [much of the correspondence between academics and the CIA) requested unclassified CIA publications available upon request. " Novik told District Court Judge June Green that this answer begs the question. "The government's refusal to confirm the fact of the documents simply shifts the whole mailer outside the context of the Freedom of Infor MICHAEL J. e I<[LLY I PROVIDENCE JOUA�AL,eULlETIN mation Act." Brown University'sGaines: "They're obviously leaving out quite a bit." .
SPLC Report Spring 1979 9 Novik asked for fu rther discovery, in 1977 alone the Justice Departmenl and the CIA moved for a final deci processed more than 13,000 pel itions sion . Judge Green ordered the agency and spenl nearly $10 million in "com to provide her with all the documents pliance activilies." so that she could review (hem private But the percentage of disappointed ly, the CIA appea led, and on March pel itioners from co lleges i� proportion 26 of this year, the court of appeals ately large. While the Justice Depart ordered I he lower cou rt to proceed ment contends that more than 90 per wit h fu rther discovery, Bot h part ie� are ce nt of all 1977 re quesls were fulfilled, wailing for Judge Green to set a lime 10 Susan Woods of the Washington-based continue. Campaign for Political Rights says, "Almost all of t he pe ople we have Lawsuits rollow llaUern talked to [at universities] are frustrated Other lawsuit� involving freedom of by the CIA's refusa l 10 comply with information fol low a similar pa llern . their request s." At Pe nn Stale, staff members of the Many university leaders, such as Col/eldoll fi led a req uest in December Harvard President Derek Bok , believe 1977 fo r all CIA file,> dealing with the the reason for CIA denials of FO IA re university. Over a year later, they have quests is !he agency's continued activi st ill received nOlhing. The slaff fi led t y on campus. Bok and several ot hers suit lasl spring. are now develo ping gu idelines in Ihe At Ohio State. the edilor,> of the hopes of limiting "Projects Resis· COURTES'\' THE HARVARD CRIMSON Lan/ern filed suit Oc tober 13, 1978 to tance" in thc fu ture. n Harvard 's Bok: developing guidelines obtain fi le� concerning "Project Resis ----_. ... __ ._-_..... _ . --- tance" and CIA co nnections on cam pus. Their suit'see ks (a& does Gardels ') PRIVACY ======-======"just if ication of exempt ions rat her than simply stating the exemptions." At Columbia. st aff members of the OREGON Spec/a/or filed suit April 17, 1978 after the CIA failed 10 respond 10 inquiries Minor 's name may be published concern ing ils lise of university facili In January the Oregon Court of Ap charged with a crime in State ex rei. ties to examine the effec ts of drugs on peals affirmed a newspaper's right to Daily Mail v. Smith (See SPLC Report human be havior. publish the name of a minor charged Vol. II, No. l).D And at Brown University. Andrea with committing delinquent acts. Gaines is preparing a lawsuit wilh the help of the Rhode Island ACLU . Sh e is The Tig ard Ti mes had reporled that NEW MEXICO seek ing specific information concern the 16-year-old daughter of Emil and ing FBI and CIA surveillance of cam El izabeth Mikan was charged in juve Privacy suit dismissed nile court with unauthorized use of a pus anti-war groups du ring the 1960s . Newspapers may publ ish the names Freedom n for mation req uests motor vehicle and hit-and-run driving. of I by of juvenile crime victims if those names university newspape rs, offi cials and The Times printed the gi rl 's name, her are obtained at preliminary hearings st udents make up only a small percent· parents' names and their address. open to the public, the New Mexico age of all Fo rA requests. For example, The parents filed suit against the pa Court of Appeals ruled last September. pe r, seeking damages for "sickness and The parents of Renee Poteet filed an emotional trauma" which resulted invasion of privacy suit against the from "threatening telephone calls, Roswell (New Mexico) Daily Record I $I I)JCC.1 .....'.j. I'I[.S.I(r"w:"!: eggs thrown at their residence and sur Hn ,., J·
1, "'� ,lo,,_� \.o.... ,I�IoA'" �'"�'-'l p'( I ...c. fC"" I" ,A(I ';:" 1 ..,,,,.-.:. 1,.;:," ""�,,.... IJ ." "" 6�, I�I.:.,...... ,,, ... '0""(" , ...... the story's publication was a "nui· right to accurately report cou rt pro (,�I� �crlu.. �.1 ,...... 1<1 (.,"' 1 "", 'o �'" 0 ... Ih. "" " 'c., .". ._ ••1: . ....<1 If\I", ,,,, ,,1.( U " '''� ..,,,.�.,, _II'" ("� ",.,,,,,[� I., II .. , p' O� .1 A&'''<� sance," thus never reaching I he ques "Since ,...'...... 1, ...' ..�(I· .... 4 1 ..'uJI.,I ...... ceed ings. it obviously is to the
.... «(I�II.... '" ...... '. tion of whet her such reporting is pro �. "I .IA p' ••� �""" ." 14 o < 11" , "t 'IW ... interest of the public that information P�·,. . �:��,., 11\· ..·., I� I'"", ��,! •• �".I R""" U" b"I,.lo,lc " L"U'" I� .Ul>�"'" or f" "'jh' P '.:sIS rA":, C, tected under the First Amendment. be made available as to what takes Mikan v. Valley Publishing. 4 Mw. L. place in public affairs, a qualified priv RPTR . 2247 (1979). ilege is recogniz.ed under which a news The U.S. Su preme Court will decide paper ... may make such a report to ----- •. I.fr. " (, !.'a.>1!1 this spring whelher a state can pro the public ." Po teet v. Roswell Daily J,I. I.�!.�:� • �'oJ... , .I.:<;,IS"I,);1:, . ,.,�. �I.�I' '-,CL '"'' hibit a newspaper from publishing Record, 4 MED. L. RPTR . 1749 CIA "Projec/ Resistance " memo the names of minors who have been (1978).0
-,_ .._ ...._ ... -.. _------. _-- 1 0 Spring 1979 SPLC Report Let someone else be the·udge
BY ElLEN BlOND£R-COUf\TESY INQUIRY MAGAZINE
The Student Press Law Center is not the only place students should look to tor information about their First Amendment rights. The most important agent for freedom ot the press is the press itself. With this in mind, the Center is sponsoring the Second Annual SPLC Jou rnalism and Art Awards. We are encouraging high school and college journalists and artists to address First Amendment issues in an editorial, news article, feature or cartoon. Separate awards will be given for writing and art, and entries will be grouped into high school or college categories. Winning entries will be published in the Spring issue of the national SPLC Report together with a resume of the winners. To be eligible send us a copy of the newspaper containing your entry, published in a high school or college newspaper or magazine. Entries must be postmarked no later than March 15, 1980. Entry fee: Ayear's subscription to your student newspaper.
- - - - - ENTRY BLANK- SPlC JOURNALISM AND ART AWARD
NAME ______------pcEA'="SE=-OPc-=-R1C"CNT=------_._------_.. _-----... -
HOME ADDRESS ------_.------.. _------.. -.----
CITY. STATE. ZIP______--- _ ... ---_._.---_.. _-_ .. _-----..... _-_.. .. ------_._----
SCHOOL ___._ . .______.. ______... ______.______. ____ ..____ . _____. DATE ARTICLE
NEWSPAPEA ______. ______PUBliSHED o Yes, I have placed the SPLC on my newspaper's mailing lis I.
SPLC Report Spring 1979 11 ------__ _._------_. ._-. ------LIBEL . . . . ===...... -.=. ======------=�= """"'- . - - ======,- -"""--===""
MICHIGAN _ ..._- _._------Court deems student officers public figures fo r libel purposes A M ichigan fe deral court has ruled derson was a "pubHc figure" by vinue figure." he must prove Ihat the false that a high school st udent government of his involvement in sludenl govern and defamalory statement was offi ce r is a public figure fo r purposes ment and thaI he could not prevail in published "wilh actual malice," Ihat of libel and dismissed a suit by one the suit because he had not shown that is, knowing the statement was fa lse. or such student against several school of the allegedly libelous statements were with reckless disregard for the trulh. ficials and a local newspaper. published ' 'with actual malice." Henderson filed suit against the J udge Cornelia G. Kennedy ruled Under U.S. Supreme Court rulings, Yp silan ti Press, reporter David Whil lasl September that st udent Barry Hen- if one who sues for libel is a "public ing, Van Buren Public School and sev· eral school officials, claiming that IWO J anuary 1977 Press articles libeled him. The articles re port ed on a drug prob lem at Belleville igh School and U.S. SUPREME COURT H quoted the superintendent, a school board member and the administrator Justices say newsmen must of the school as saying that Henderson "is not very intelligent ," "knows how divulge thoughts , opinions to manipulate, " "may not graduale," has "had problems." is a "hatchel The U.S. Supreme Court ruled in man." is "in the bottom ten percent of L · A pril that news reporters can be forced =o G C 5 his class" and has "overstepped his to disclose their thoughts. opi n ions and role as a student." newsroom conversalions in libel cases. Whiting, author of Ihe articles, was The 6-3 decision came after CBS pro careful to pepper Ihe slOries with Hen ducer Barry Lando refused to divulge derso n's reaction to the various slate such i n formation 10 al lorneys for re ments about h im. tired LI. Colonel Ant hony Herbert , Emphasizing Henderson's status as who is sui ng Lando, newsman Mike president of Ihe studenl senate. the Wallace, CBS and the ATlanlie Momh· court declared "he was a public figure Iv for $44 .7 mill ion as t he result of a with regard to these evenlS of local t' 60 Minutes" segment and subsequent interest for coverage by a local paper." A Ilan tie MOl/Tilly art icle which he The court also stressed the facts that cl aims portrayed him as a liar. t he quotations were " newswort h y, " Lando refused to answer questions that t h ey were "slalemenls of about newsroom conversations. editing opin ion," and that Ihe studefll was decisions and personal impressions of given t he o pportunit y to rebut Ihem. news sources. claiming that the First Amendment protects the "editorial "There can be no quest i on that the process." The United States Court of evenls involved in this case, drug use in schools A ppeals for the Second Circuit had up the public and school officials' held Lando's re fusal . actions. are matters of local public In j usti fyi ng the need for posing interesl . such quesl ions, Herbert's attorneys "All of the st alements [by the school COURTESY THE WASHINGTON POST - cited a 1964 Supreme Court ruling that aUlhoritiesj involve allributed quota Anlhony Herbert: public fi gures must prove "actual mal tions made by public officials concern ice" on the part of reporters in order to claims "60 MinuTes " libeled him ing their public dUlles. They do not prevail in a libel suil. They argued that lOuch upon t he plai nti ff ' s private life without the means to ask a defendant Herbert, who concedes he is a public but only reflect the school officials' about his state of mind at the t i me an figure, filed suit in [973 after CBS ran opinions on the plaintiff's involvement article or broadcast segment was pre a "60 MinUles" segment that ques in the high school controversy. As such Ihey are ne t her demonstrably fa lse n or pa red. a public figure who has been li tioned his statements that m i litary su i beled would be unable to prove malice, periors in Indochina had engaged in a true. They are merely statements of thus creat ing an "absolute privilege o f cover-up of war crimes. Lando also opinion. '" wrOle the court. Henderson the news media in libel suits by public wrote an article on t he subject for AI v. Van Buren Public Sch ool. 4 Mm. L figures ... lantic Monlh�v. 0 RpTR . 1741 (E.D. Mich. 1978).LJ
12 Spring 1979 SPLC Report -----_."------,,.... ._ ... .------_...... - ...... _ ...__ . _------LIBEL
COURTESY [HE UNIVERSITY OF TEXAS Al EL PASO PROSPeCTOR UTEP Prospeclor ediror David Burch confers with a fforn ey bejoreresponding /0 charges by Projessor Joseph Klingsledl (righl)
TEXAS UTEP editor censured, retains post
The editor of the University of Texas Klingstedt was one of Ihree universilY lurily of the staf fs of such publica a r at EI P so ProspeClor had to clea his officials demoted for mishandling the tions. " name wilh Ihe newspaper's publica granting of a B.A. degree in 1976 to a Klingstedt said t he decision indicated h tions board to retain is pOSI after a student who did not pass a mandalory .. recognition of the grievance ," while University professor accused the editor class. Burch labeled il "a sla p on the wrist." of having libeled him in two November The board dismissed Kli ngstedt 's re Burch resigned from the board, em edilorials. quests, but found that " Burch erred re phasizing that it "wantonly failed to The professor, Joseph Klingsledt, grettably in judgment and in choice of concern itself with justice in its attempt asked the Studenl Publications Board language in the composition of the edi to appease both parties." to remove editor David Burch from his torials." It urged "the university and The board will consider appointing position and 10 require the Prospector metropolitan community to be tolerant an editorial adviser 10 the Prospector to publish a front page relraction and of the errors and indiscretions resulting as a result of the conflict, a board apology. The editorials speculated that from the youthful prof essional imma- spo kesman said. 0
libeled [him} by publishing false, MONTANA defamatory statements. " The district court dismissed the suit State retraction law voided in December 1976 on the ground that Madison had not asked for a retraction The Montana Supreme Court voided versity print shop. The editorial stated, before filing suit as required by the in August a state law which required a "His position ... alone makes Montana retraction statule. Under the i person believ ng he has been libeled to anything he would say . . . suspect. law if a newspaper prints a retraction, requesl a retraction before filing suit . As well, he is a congenital liar, an the person libeled is limited in Ihe type and reinstated a $102,000 lawsuit incompetent whose own operalion of damages he can recover. againsl Ihe University of Montana has lost $103,914.89 in the last four Madison appealed to the Montana siudent newspaper. years. " Supreme Court and asked Ihat the stat The unanimous decis ion struck Two months later Madison sued ute be struck down because it denied o d wn the 1 7 -year -old Montana "re Kaimin editor Carey Yunker, the Uni him the right 10 sue for " injury of traction stalute" as a violation of Ihe versity of Monlana, the Associated characler," as guar anteed by the state constitution. St udents of the University of Montana M onlana Constitution. The case arose from an October 1974 and the publications board for The defendants countered that 10 re editorial in The Montana Kaimin $102.000, claiming thai the defendants quire one allegedly libeled to request a r t about AI Madison , director of the uni- had " delibe a ely and maliciously retraction "does not affect access to
...... •• __..... -- .. __ ._._----_.. -...... _--- ...... __ .. .- .•.... __...... _-_..•..... _-- ...... --._----_ . .. _ ..-- •..•...... _------SPLC Report Spring 1979 13 LIBEL
the courts; it merely permits a potential Ensley of the Russell High School "Finally I went to a local radio sta defendant a reasonable opportunity to Stampede found those laws laxly en tion and asked them to look up their correct any false information and forced when she visited the Gold Rush advertising records. They fo und a tape thereby mit igate dam ages . " Bar during Christmas vacation with dated November 11 tha t said 'We've The high court ruled in fa vor of Ma· only an outdated student card for iden just changed our name: an d I went to dison and declared the law unconstitu tification. When she asked the bouncer the printer with the go-ahead to pub tional. The case was remanded to the whether he was supposed to request her lish. Not surprisingly, we ' ve never lower court for a trial to determine driver's license, he replied , "As long as heard another word from Mr. Felt whether Madison was entitled to re it 's got a picture and a date we don 't ner, " Johnson concluded . 0
cover any damages . Madison v. Yun really care . " ker. 4 Mm. L. RPTR. 1337 (Mont. Gold Rush manager Brian Fe ltner COLORADO 1978). apparently did care , however, when he Earlier in 1978 the Oregon State Su learned that the incident would be writ Program chief sues preme Court upheld the constitutional ten up in the Stampede article. "The ity of a similar statute. In addi t ion to problem [of keeping minors out] is an Colorado Daily preventing a person from suing for easy one to criticize but difficult to The former director of the Universi libel unless he has req uested a retrac so l ve. and I don 't think it is necessary to ty of Colorado's Berlin Study Abroad tion. the Oregon law bars the recovery pick on just this one bar, " Feltn er said. Program initiated a $500,000 libel suit of damages for inj ury to reputation, He cal led the adviser and tried to in Fe bruary against the school 's Colo emotional d i stress or physical harm if a persuade her that the bar had been rado Daily, a Daily reporter, and a fo r· retraction is printed . Davidson v. under its former name, Tu rn of the mer program director for a 1977 a rti cle Rogers, 574 P . 2d 624 (Ore . 1978). 0 Century, when the reporter entered , in which students criticized his han· explained Stampede editor Bob John dling of an intensive language study MONTANA son. "He spoke of the damage the course in Germany that year. story would do to his business and said The article was based on interviews Staff weathers the paper could take out all references with some of the 20 partici pants. It re to the Gold Rush, kill the story, or else. ported that Rainer Dimter, the Berlin bar's libel threat 'Or else' was never specified. but the Study Abroad Program director be· An investigative reporting stint to implication seemed to be a possi ble tween 1975 and 1977, contracted hepa test local bars ' com pliance with state libel suil. titis be fore t he trip but did not in form drinking laws led to the threat of a libel "The bone of content ion became the students or un i versi ty until a few suit against a Great Falls , Montana, when the Turn of the Century changed weeks later, afraid that some would student newspaper. its name. We spent the entire week end withdraw from the excursion. While Montana law prohibits the sale of al searchi n g for veri fication of the da te of Dimter spent six weeks in a hospit al his cohol to anyone under 19, but Maria the change. students were taught by replacements
A division of the New York Su of the article , Daniel O'Grady. ad preme Court ruled last December that mitted reading court papers fi led by a newspaper headline which falsel y the board of education which de . DAlLY. NEWS describes a school teacher as a "no scribed Deluca 's absence as " a ut hor ,J:I6W �� "'-. show" can be libelous , even when ized leave" but c laimed the term "no thaI description is q ualified in an at· show" accurate ly described t he teach tendant art icle. er 's con duct . New York teacher Albert De luca The cou rt disagreed . however . not NO GO filed suit against the Ne w York Daily ing that the term "no-show" is "gen Ne ws after it published a J u ly 1978 erally unders t ood to connote a person FOR article about him headlined "Sue No who is a ble to work but fa ils to show Show Teacher for 61 G in Pay Given up and would lead the average reader 'NO-SHOW' Out by Mistake." The story reported to believe Deluca was 'disreput on a suil fi led by the Board of Educa able . ' .. t ion against Deluca to recover salary It concluded , ,.Sens a t ional head LOGO m istakenly paid to him. lines sell newspapers. Bul whi le the Deluca conceded that such a su it headline and article must be read to had been fi led but claimed that the get her, unless the headline is a fa ir Lot_o1'I Ip&I.I"" dolor'III • .-....4. c.a.nMIC:4..tu.r.,.uud .x.,c;14M11011 un. IMa,,".I"" wt I.c._ •• OQbr, �n. � .1oIIMn'o ....aouM II\j headline which described him as a summary of t he article, a cause of ac· 'f'IoIAlIP*' Q,j","�I"" " no show " was fa lse and de fama tion is maintai nab le i f the charac teri· lory. He stated that he was on "au zation of the headline is no! fairly l ho riled leave without pa y for health supported by I he facl s bei ng re reasons, " rather t ha n a "no-s how " ported . " DeILtC(! \'. New York News, as the headline c laimed . The author Inc. , 4 Mm. L. RrTR. 2) 12 (1978).l �
------.-- -.--".�-- ---... . 14 Spring 1979 SPLC Report ---_...... _--_. _ ...._._-_ ...... _. __ .. _ ....._ _.. _._ .. _-.. . LIBEL ======-- --======
who spoke lillie English, the article said. Some stud ents alleged they had to pay costs above the pre-determined $1450 trip price. including "optional' events that Dimter forced them to at tend and finance. Dimter allegedly ha rassed the participants and threatened to send them home if they complained. After the four-month "fiasco" still more trouble seethed, according to the Daily. The program had given Dimter $2000 when he went in the red trying to organize events. Dimter spent $700 Derek Washington's cartoon "brought tension" 10 Lakewood High School on the program, but never accounted of the ac for or returned $1300 $2000, FLORIDA cording to Ruth Purkaple, the former program director named as a defen dant in t he suit. Writer alleges reprisals No date has yet been set for a I rial. 0 Derek Washington had no problem per. "The reasons involved his credit rinting a scathing editorial and car situation, which I can 't discuss except IOWA p toon about the Lakewood High School to say that we followed school regula . Zionist wins $10 (Florida) senior class sponsor, but he tions. " found himself suddenly transferred out Washington, however, believed the libel judgment of his journalism class, out of a history removals were a direct result of his edi taught by the sponsor. and off of toriaL He contacted the Student Press The Daily Iowan of the University of class the high school newspaper after the Law Center for advice but too no Iowa has appealed a January court rul k editorial appeared in a February issue legal action because of pressure from ing that awarded $10 to university law h s mo her student Bill Michelson, who charged of the Centurion. i t . The article attacked the sponsor for Washington was not the only one libel for a headline he says labeled him failing to advise seniors of their right to ready to go to court. The senior spon "Bloody Racist. " purchase less than a full gradua sor considered suing for libel, but II I The headline appeared above a Pal $12 tion accessories package. Accompany persuaded him to let things lie," the estinian Arab's letter to the editor principal said. which criticized an earlier Michelson ing the editorial were two cartoons, one depicting the sponsor as holding Faculty members were "very dissat lel!er for its pro-Zionist view of the up a graduate at gunpoint, the other isfied" with the editorial, and one pub Middle East . Michelson complained in his suit showing him lying lazily in front of a lished a rebuttal in the next issue, which ran alongside a retract on by the that the offensive epithet referred to TV set drinking beer. i Lakewood School Centurion editor, according to Luther. him. High principal Gerald Luther admitted the editorial Washington said the editor al board However editor Bill Conroy ex i "brought tension," but denied that it of the newspaper unanimously ap plained that the phrase was merely an precipitated Washington's removal proved publication of the article and excerpt from the Arab's letter. The en from the journalism class and newspa- cartoons. 0 tire sentence" Israel is a bloody racist state " originally appeared in the last paragraph of the letter but was deleted for lack of space, leaving the headline Michelson alleges that he received rby added, "We've been running his "Bloody Racist" with no reference. telephone threats and harassments. "I leiters for two or three years and he's "The conclusion a reader would na really had a bad case of depression and always complained." turally come to," Michelson said, was quite shook up." Judge Joseph Thornton ruled that "was that some Daily Iowan staffer He took the Daily Iowan to small the headline could be construed as re was throwing in his two cents. claims court, suing for $1000 recom lating to Michelson, and awarded him "The incident caused me to suffer pense. "1 was trying to make a point $10 plus court costs . humiliation and censure because the politically. I wanted to create a judicial Conroy appealed the suit to district Dai�v iowan, which has 20,000 or more precedent saying that calling a Zionist court, saying he intends to "appeal readers a day, operates in a town full point of view or a Jewish person 'ra indefinitely. I don't care how much of foreigners and liberals who regard cist' is not libelous per se." money it takes. We don't want a stain racism as a ghastly crime," Michelson Conroy based his defense on the on our reputation." Michelson ex continued. "I am Jewish and highly Daily Iowan's total lack of malice. " I f plained that "I wasn't planning 10 ap pro-Zionist; while I have nothing 1 wanted to call Michelson a bloody ra peal because J had set the precedent, against Arab people, I do find their cist, [ would write 'Bill Michelson is a but the Daily iowan appealed because politics and the so-called 'Islamic re bloody racist.' Michelson had threat they were unhappy over it. I got mad vival' totally loathsome. ,. ened with lawsuits repeatedly." Con- and cross appealed. "
. . _ -._ - . _ ---_ .. .._ ... -.-- -_...... _-_...... _ .. _---_ .. _ .... - ....._._-, ... _-_._.•..•....• _-_ .. _._-_ ...... _--- ._._...... - -_.- -_ . ------_ -- SPLC Report Spring 1979 15 STUDENT PRESS
BOB STAAKE - COURTESY USCDAIL Y TROJAN
• TO DAY IRAN, toMORROW"."
CALIFORNIA Khomeini cartoon sparks death threats Two members of the University of phoned death threat is useless in In Houston, Texas, Mark: Power of Southern California Daily Tr ojan re presenting an opposing viewpoint. A the University of Houston Daily Cou ceived telephone death threats last Feb commentary or leiter submitted to the gar filed trespassing and assault ruary after the paper ran an editorial newspaper could shed light on an alter charges against four students who cartoon depicting Iranian leader Aya native. Abrishmamkar is welcome at forced their way into his apartment at tollah Khomeini as Hitler. any time to share the page with Bob 2:30 the morning after he wrote an Political carloonist Bob Staalce and Staake, but no one has the right to im article charging a campus pOlitical Managing Editor Michael Schroeder pose his views on others, especially in a party with violating the university's were placed under campus security democratic society." campaign code. The intruders de protection after the anonymous calls. Student journalists at three other manded to Icnow why Power had been Staake is also cover artist for the SPLC universities were harassed or threat "printing lies." Report. ened during March. Across town at And in Tacoma, Washington. the Farrohk Abrishamkar, president of UCLA, more than 70 protesters occu president of the Pacific Lutheran Col the university's Iranian Students' pied the offices of the Daily Bruin on lege student government allegedly Club, denied any knowledge of the tel March I, protesting a satirical ar ticle on slapped Mooring Mas t editor Allison ephone threats, but denounced Staalce youth gangs. The demonstrators, Arthur after she wrote an editorial as "narrow-minded and racist" and mostly Chicanos, charged the paper calling him "unethical." He reportedly warned of demonstrations by 4,000 to with "blatant racism" and demanded a told her "never to cross him again or 5,000 students if the cartoons con front page apology. else. " tinued. There are about a thousand Joanne Eglash. ed itor of the Daily Arthur's ed itorial came after the pre Iranians at Southern Cal. Bruin, conceded the art icle was racially sident allegedly boasted to the student The Daily Trojan ran an editorial offensive and agreed to run a retrac senate that he controlled the content of on Febr uary IS. ., An anonymously tion. a campus television program. 0
------_...... _-_._ ...... _ .._-- 16 Spring 1979 SPLC Report STUDENT PRESS
VIRGINIA Cavalier gains independence The University of Virginia has re The Media Board voted to censure Board was set up to harass or intimi solved a conflict with its student news the paper and ordered the newspaper date the editorial staff, there may be a paper, the Cavalier Daily, that at one to publish the letter of censure in its en First Amend ment issue. If so, we are point threatened to shut down the pa tirety. The newspaper again ignored very interested in getting involved." per for t he first time since its founding the board's order, but published a Herefore apparently was not, how in 1888. The staff was forced to pub news story about the board's action. ever, and quickly reac hed the settle lish off campus for two days during the The university's govern ing body, the ment with Nee!. In an April 5 state connict. Board of Visitors, then ordered Presi ment he announced. "I am very University President Frank Hereford dent Herefore to evict the paper from pleased that the issue has been settled . I ordered the newspaper to vacate its its campus offices . Board of Visitors always thought the idea of an indepen campus 0 ffices in Charlottesville April Chairman William L. Zimmer called dent newspaper had merit." 3 after its editors refused to recognize the Cavalier Daily "somewhat of an ir The Cavalier Daily receives free of the au thority of the university-ap ritant in refusing to recognize the au fice space. electricity and utilities from poi nted Media Board. That board was thority of the university." the university but last year refused any established in 1976 to oversee campus The Cavalier Daily received legal Student Activity Board allocations. publications and broadcast stations. support from the Richmond chapter of This year the paper managed a profit, The newspaper staff has viewed its the American Civil Liberties Union. although Neel predicts it will operate at creation as an act of censorship. the Student Press Law Center and the a loss next year . Hereford and the students reached Washington, D.C., law firm of Rogo Still, Neel would like to negotiate to an agreement April 5 in which the stu vin, Stern and Huge. lease office space and to pay for util dents will recognize the board until ACLU attorney Stephen Retherford ities. He also hopes to purchase office August 30, at which time the newspa said, "There is a First Amendment is and production equipment fr om the per will become independent of univer sue, but it's not clear cut. If the Media school soon . [J sity control. Details of the compromise will be worked out over the summer. The settlement came after an esti MINNESOTA mated 1500 to 2000 students staged a demonstration supporting the Cavalier White reporters evicted Daily in front of Hereford's office . Students cheered as the president's ef from black committee session figy was hanged from a tree. During the two-day exile, the Cava White reporters for the University of Iy's editors attempt to accuse the entire lier Daily pu blished using the facilities Minnesota Minnesota Daily were twice black student body of irresponsibility, of the Charlottesville Daily Progress at evicted from black students' meetings bad politics, and racism because of the cost. this winter because of alleged Daily actions of one or two individuals," he "We've been in a running game of negativism towards minorit ies. "Press commented. coverage was nol desired from a white give-and-take with the Media Board "Daily reporters tend to have a ne Cava perspective," a spokesperson for the ever since it was formed," said gative altitude towards blacks and the Daily blacks said. A black Daily reporter lier editor Richard Nee!. "It task force felt these attitudes would maintains it has control over what the was permitted to remain for both meet dominate the positive aspects of the newspaper prints or doesn't print. But ings. meeting," Brown said: it is disorganized and without real pur A task force of the Black Student pose and spends most of the time try Cultural Committee (BSCC) organized He questioned whether the Daily ing to get on its feet." Nee! and ot her the first meeting as a forum for discus staffers actually had to leave the meet editors have refused even to ack nowl sion of black student issues and plan ings. "Neither the reporter nor the edge mail from the board. ning of BSCC policy. The second meet photographer was physically expelled The conflict came to a head in ing was called by the Office of Minor from the meeting. If they had asserted March when the Media Board ordered ity and Special Student Affairs to themselves and forced the issue, the is the Cavalier Daily to reinstate a stu fu rther debate issues raised at the ear sue could have been resolved ." dent reporter who had been removed lier assembly. The Student Activities Center is in from the staff for alleged "conflicts of The two gatherings were "indirectly vestigating a complaint by one of the interest. ,. While t he student was a re related" but "not organized by the reporters that the meetings should have porter he also held a statewide leader same people," said George Brown, been open because the sponsoring or ship position with the Young Amer BSCC director, adding that the man ganizations are funded in part by stu icans for Freedom political group and who ousted the whites from the first dent fees . University policy states that was a candidate for a st udent govern meeting was not an official spokesper meetings of fee-supported organiza men t 0 ffice. The Cavalier Daily son for the group. tions are open to all students who may ignored the order. "I regret the way in which the Da;- be affected by the organization. 0
SPLC Report Spring 1979 17 STUDENT PRESS
NEW YORK 'Special issue' stirs trouble
"I am well aware that the endorse ment of political candidates is valid under First Amendment Jaw. I do not agree under any circumstances that this type of endorsement has a place in high school journalism. " The principal of H. Frank Carey High School (New York) thus ex plained his "displeasure" with two school newspaper editors who in No vember published and distributed an unauthorized issue of the paper con taining an article on censorship and po litical endorsements for the upcoming elections. The editors subsequently re signed, but the administration was un successful in trying to tag them with Winglpread', foor·hu�r. "'!rth,hlluin, in.g ar" /Ilini/ out fro';' an.'orl(Jllonai �()r� cmd 1>D""" COTl/�r.nce rOOl1l 8. adl1lini"rotiu� offl"'" . o. Plm theat", rli";111 and IDunte loci/rtie". anti n:hibition $pacp• the printing bill. COUATES'r' THE JOHNSON FOUNDATION The one-page "Special Election Is Journalists, teachers and studentsmet at the JohnsonFo undation s sue, "printed under the masthead of Wingspread estate to develop studentpublication guidelines the official school newspaper , the Carey Clipper, carried endorsements WISCONSIN of New York State Democratic cand i dates as well as a reprint of a " conlr'o versial " article on censorship from the Student press guidelines newspaper of local Sewanhaka High School, all to "sti r up some interest" receive lukewarm response in the faltering Clipper, said Sofia Koutsouris, one of the fo rmer editors . The student press guidelines drawn to conform to local mores, or used as a up at a Racine, Wisconsin conference basis for developing original policy," Principal John London said he was last September have received a luke said Robert Tottingham, director of out of town at a convention when he warm reception, according to numer the University of Wisconsin Extension, okayed the paper's release through his ous members of the original drafting another conference sponsor. The docu assistant principal , believing it to be committee of administrators, editors, ment was mailed to Wisconsin high the regular Carey Clipper. advisers, and the professional press. schools and out-of-state press associa· Neither the journalism adviser nor " The schools that least needed them Hons. the business adviser had formally au the have been the first to accept them," re As a direct result of gathering, thorized publication of the issue and t e Sigma c a ported Kevin Clark, an official of the h Milwaukee Delta Chi h p none of the students named in the staff Wisconsin Association of School ter offered to serve in a one-to-one ad boxwere actually involved with it, save Boards, one sponsor of the statewide visory capacity to Wisconsin schools the two editors Sofia Koutsouris and conference , which was held at the with censorship problems. A Minne Steve Spencer. Johnson Foundation's Wingspread sota conference modeled after the Ra When London to school he meeting returned estate. cine will similarly attempt to discovered the election issue and threw develop state-wide guidelines this The guidelines delineate free speech "hairy fits, " Koutsouris said. He sum· spring. rights in relation to the responsibility moned them to a meeting, at the end of The Associated Press officially en of the press, sanctioning students' right which the two editors resigned . Kout dorsed the guidelines and several news to determine school newspaper content souris claimed they resigned because papers editorialized in their favor, but and write about controversial issues, "conservative" Clipper adviser John despite effort to encourage their use , while encouraging adherence to the Scibellifeared personal harassment. Clark conjectures that "enactment will Sigma Delta Chi Codeof Ethics. Koutsouris said a game of "pass the be a slow process. Unless there is pres bill" ensued . She gave London a $20 At least one school district, the sure from student journalists, their ad printing bill for the special edition , and Madison metropolitan area, adopted visers, and local news media, I don't he returned it to her. She again left it the guidelines verbatim, and "limited think it's reasonable to expect school with him, and never heard about it evidence so far indicates that in other boards to adopt the guidelines of their again. "The issue fizzled," she said. 0 districts it has been variantiy amended own volition."O
18 Spring 1979 SPLC Report STUDENT PRESS
CALIFORNIA Harsh winter for Irvine paper The student newspaper at the Uni The Association of Students Council page issue, was distributed to the full versity of California at Irvine has (ASC) met April 3 to freeze the full 11,000 circulation. found itself the obje<:t of attacks from $20,000 annual funding to the newspa Immediately following, the Associa all sides this term with three trashings per "forever" and to withdraw the tion of Fraternities officially an of various editions, a freezing of news power of the Communications Board. nounced its support of the paper. Days paper funds, an unfavorable court de Clucas said. The ASC constitution de later, the ASC met to restore fUDding cision, the near-removal of the editor, fines the ASC as the owner of the and to decide whether to remove and general hostility from numerous newspaper, while the board is only the Clucas as editor. "To everyone's as campus minorities. publisher. tonishment." Clucas said. "they voted Editor Richard Clucas said problems Clucas believed Ihe fund cut-off con not to dismiss me." He believes the began with the January 16 trashing of tradicted the ASC Bill of Rights, which upcoming campus elections were a 3000 copies of the New University be stares that communications media are major factor in the decisions. "They cause of a photo story of a local "wet entitled to editorial independence and wanted to placate the situation. They T-shirt" contest. Karen Bjorneby, a freedom of intellectual creation. He ex wanted to calm things down to get re . Student Government Association vice plained that his editorial policy is 10 let elected . . president, staged the "symbolic pro his editors make the decisions. However, the future might turn grim test" be<:ause she believed the article Through ad revenues and donations again in May when the ASC reviews its was "degradingto women." the New University produced an April budget. Clucas expects it to seriously When Clucas took Bjorneby to small 10 issue totally unaided by ASC fund consider re-directing at least part of the claims court for the $ 600 he claimed to ing. Clucas said. The paper, though New University funding to another have lost in ad revenues, the judge dis one-third the size of the normal 36- newspaper.0 missed the suit on the ground that Clucas was not the publisher and there fore could not sue on behalf of the FLORIDA newspaper. In an unrelated development, a University must pay $1,600 humorous political ad titled "Live and Play in Iran" by an unnamed advertis er prompted the Communications Boardto request that Clucas reveal the to Socialist Worker paper names of all future advertisers. He re In February a federal judge perma fused. saying, "No matter how few in nently enjoined the University of Flor THE MILITANT . a group, every group should be allowed ida administration from severely res �1oIICIoIol.'�I •. _bM::-'" .. ... �: .... n.& __..-) to express its viewpoint." He hypothe tricting newspaper sales on campus, sized that a person laking oul an ad for holding that such activity was pro a gay rights group might fear reprisals tected by the First Amendment. James if his name were revealed. Howe. who stopped distributing a so According to Clucas, a March 13 hu cialist party newspaper on campus last mor issue in the style of the National year when threatened with arrest, won Enquirer mocked the number of news a $100 judgment pius SI,56O in attor papers on campus and facetiously sug neys fees and court costs. gested starting a New Jew newspaper. Relying on a 20-year-old policy, Uni. Although the item was the brainstorm versity of Florida officials had required of a Jewish staff member. it caused the Howe Lo sell the Militanl-the official trashing of not only the campus circu Socialist Workers Party paper-from lation, but the papers in the commu behind a desk at the student center or nity as well. He said that 5,000 addi through vending machines. preliminary injunction issued last June tional copies were printed, but they too University officials claimed they which prohibited university officials were trashed later that evening. Pro were merely regulating "commercial from enforcing the rule restricting the testers also wrote letters to New Uni activity" and said they would have sale of newspapers on campus. versity advertisers censuring the news placed no restrictions on Howe if he '" Any regulation which subjects First paper for anti-Semitism. had given the newspapers away for Amendment rights to prior restraint is Additionally, New University re free. unconstitutional without narrow, ob ceived complaints for publishing CIA Judge William Stafford reje<:ted the jective, and definite standards to guide ads and a letter to the editor saying. officials' argument, stating that, "Eco the licensing authority_ The {univer "If the handicapped can't walk. let nomic interest does not disqualify a sity1 regulation suffers from over them crawl." in response to an earlier party from protection under the First breadth because of the limitless and leiter which criticized improvements on Amendment." standardless discretion it vests in the campus for the handicapped. Stafford's ruling makes permanent a (university]," Stafford concluded.O
SPLC Report Spring 1979 19 STU DENT PRESS
VERMONT Cynic unfair competition, private weekly charges
The publisher of a private weekly ing that, quite understandably, don 't newspaper in Burlington, Vermont has appeal to the average Burlington per charged the University of Vermont stu son . Speak your mind, but don't ex dent newspaper, the Cy nic, with unfair pect to make money on it ." competition , and has hired an attorney But Brown contends that "there is to look into the matter. more than enough room for both pa Publisher Steven L. Brown of the pers," and what he desires is simply "a weekly Vermont Va nguard Press says st udent paper with proper educational the student paper has an unfair edge value fo r its student employees and stu because it is state and federally funded , dent readership, rather than t he fi nan UVM-sponsored Cy nic and enjoys tax-exempt status, and pays no cial bonanza which the Cy nic has be private Va nguard: rent. come." unfair competition ? Both papers are similar in format, Al t hough the Va nguard has not yet dist ribution and audience appeal. The initiated lega l action , its attorney , An .---�-�-��-. ., , Va nguard has a circulation of 15,000, drew R. Field, has met with University of which 85 per cent is distributed with of Vermont attorney Paul Sutherland. in Burlington. The Cy nic publishes Sutherland offered to reduce the 10,000 issues, 50 per cent of which is Cy nic 's downtown circulation by a distributed off campus. fi fth, but the Va nguard has so far not Ironically, Brown is a University of responded to the offer. Vermont grad uate and fo rmer Cyn ic Cy nic editor David Greeff denies staffer. According to Cy nic staff Brown's allegations of unfair competi member Scott Sartorius, he was tion and says the Va nguard 's current " inst rumental " in the success of the financial woes result from its own Summer Cyn ic 's back-to-school issue, "misjudgment of the market ." which has been the paper's greatest In an editorial December 12 he wrote money-maker since 1976. He went into that "articles and editorials [in the competition with the 95-year-old Cy nic Va nguard] have a distinctly left ist lean- about a year ago.O
NEW JERSEY Rutgers newspaper strikes fo r gold
The staff of the Rutgers University of 12-15 people, explai ned editor lish guidelines when their original pur student newspaper, the Ta rg um, staged Howard Teichman , who claims that his pose was only to promote cultural af a two-weeK strike in March to protest paper i s one of eight or ten dailies in fa irs. The honoraria would not even be an administrat ive decision not to pay the country not paying its ed itors. issued from student fees . The money editors . The New Jersey da ily resumed "Dean Howard Crosby told student would be from our own profits." publication when authority to make government leaders they could decide, The staff met in February to declare the decision was transferred from the Iwhether or not to pay salaries] and in an indefinite work stoppage as a "mat Cultural Affairs and Programs Com September 1978 they agreed to our re ter of freedom of studenl organiza mittee (CAPC), which rejected the quest ," said Te ichman. "Subsequently, tions," u nt i l they would be assured editors' salary requests last term, to a the dean found guidelines prohibiting thai some mechanism "more eqitable" Student Li fe Co mmittee, a group con honoraria. The CAPC, an advisory than CAPe wo uld decide the issue. sidered more receptive to the Tar? um . board to the dean that determines policy Teic hman says the strike was "suc The staff requisitioned $5 100 per fo r allocat ion of fe es , was asked to re cessful in seeding a fa vorable adminis year from ad profits-ads are the vise the guidelines, but they refused ." trat ion response to our situation. It source of 85070 of Ta rg um reven ues Teichman claimed it was unfair for was also successful in creating student to be shared among the editorial board "the CAPC to have the power to estab- awareness of the honoraria issue. "0
_ -:-:---:------:-- ...,------_...... 20 Spring 1979 SPLC Report , i
.._.------_.------_._ ------_ I STUDENT PRESS !, ( : I ! ! NORTH CAROLINA 11 Editor removed for misuse of funds I! I J The editor of the North Ca rolina ny Jacobs, the sports editor, also alle Phoners refused to review the case j Slate University Te chnician was ousted gedly vandalized Tec hnician property because of the vandalism ch arges j
February II by the school ' s publica on February 7, according to board against the fo rmer edi tor even though j I tions board for "unet hica l conduct,"' a chairman Cindy Walters. Pendered t he dist rict court had exonerated him move the ed itor claims is a personal "got drunk, went wild , broke glass and of that charge for lack of su fficient evi p vendetta against him and an adminis bu rned newspapers," Walters said . dence. according to Pendered . Walters trative attempt to tone down the news Pendered admitted only having shred said Phoners did not review the case II paper . ded some newspapers and throwing because it was "wit hout merit ." In a The publications board in vestigated a plastic bottle against a wall in, separate district court hearing, the charges that editor David Pendered the office. The edilors appeared in sports editor was fined $25 for vandal overpaid sta ffers and lied to the board. district court for the vandalism ism. ,II but dropped the charges after a two charges. Pendered believes his dismissal was a month investigation. The edilor was re Pendered immediately appealed the personal attack against him by board I moved on the charge that he improp board's decision to Joab Phoners. the members, as we ll as an allempl by the erly paid a student on fi nancial aid. university chancellor, but the official administrat ion to cont rol the news II While not an issue in the impeac h did not respond until March 26, five paper's sometimes controversia l stances , ment proceedings , Pendered and Den- days before the term ended, Pendered on universit y issues. He claimed that ! said . some faculty on the board suggested that a number of Te chnician articles PENNSYLVANIA were "not .,in the best interest of the Student says newspaper printed universi ty . Wa lters denied the. firing was a result of personal feelings and said the ad rebuttal but not original letter ministrat ion "didn't have anything to do with the impeachmenl." In fa ct , After three months, Roger Karapin The leller, however. was never pub she said , "the ad ministration didn't es is tired of waiting. lished , os tensibly fo r lack of space. pecially want the dism is�al. They don't 10 A student at York Suburban High Karapin said a rebullal his allack like noise." Walters had initiated the School in York. Pennsylvania, Karapin appeared nevertheless, which Keller inve stigation into the charges against has met with direct re fusa ls and sly categorically denied. He maintained Pendered . avoidances in his attempt to get a letter that no rebullal was printed, and that Pendered claims he was dismissed critical of the school 's Tr ojan Tr ibune overcrowding on t he page re sulted in under unfair circumstances. He said newspaper pu blished in the paper. the editorial board's decision to print the publicat ions board fired him even The lel ler, submitted in Feb ruary, Ihe leller in the final edition of the after a board subcommittee assigned to allacked the Tr ibune for its "serious paper in early June. decide his fate had dropped the charges mlslfiterpretat ion of priontles .... "I have doubts about whether it will against him. He claims the board never The concept of a free press has been ever be printed," Karapin said . He be told him when the impeachment trial overshadowed by a devotion to bland lieves the adviser " took [the leller] per was to take place, never said for what feature stories and the incessant praise sonal/y" and. addit ionally, seeks \0 ap he was be ing fi red , violated the Open of all athletic programs and their pa rti pease the administrat ion bec ause he Meet ings Law by denying him admit cipants. The Tr ibune avoids at all cost "wants to advance ." Ke ller, he said, tance to one meet ing 'concerning him, any semblance of con troversiality. has been "difficult to locate" since and never gave him wrillen notification There is no student editorial voice." their first discussion. of his dismissal. Karapin wrote. Report, And in trying to get his letter pub Keller told SPLC in effect, Wa l ters said every allegation is to lished, Karal1in got a first -hand mind its own business. "This inter "completely untrue." except the lasl. view is a waste of my time. We don 't glimpse of how the Tr ibune suppresses "No, we didn't give him written notifi have to print anything we don't want the "studenl editorial voice." He orig ca tion, but that's because he was at tne to print. We're supported solely by the inally took the letter to Tr ibune adviser meet ing where we decided to remove school board. What want to print I Rick Ke ller. only 10 be told that "that I him." will print." sort of thing doesn't belong in a school Since the dismissal numerous fi nan newspaper" because it was "negative" And he obviously does. Karapin said cial problems have arisen because of and "biased." numerous people have resigned from Pendered's "financial incompetence Karapin next con fromed several the Tribune because of its innocuous and dishonesty," Walters said . members of the five person editorial ness, and that he knows severa l stu Pen de red will not take legal ac tion board (the paper has no ed itor) and dents who have had di fficulty in get because he doesn't know "if the people eventually elicited the promise that the ting letters published. "None have ap for whom it would be gained would ap piece would run the next issue. peared in two years, " he said. 0 preciate or even understand it ." 0
SPLC Report Sp ring 1979 21 STUDENT PRESS
WISCONSIN -...... -..------,, � Hammer-swinging student officer gives chase to Cardinal photographer
A hammer-wielding student govern ment member chased a photographer. for Ihe University of Wisconsin student newspaper to seize and expose shots of a clandestine student government ac tivity in February. Mark Hazelba ker, photographer for the Daily Cardinal, took two pictures of Wisconsin Student Association (WSA) president Jim Mallon and his assislants while they constructed a $2000 model of the Statue of Liberty in a carpentry shop off campus, a func tion Mallon had earlier renounced . (Mal lon's political party, the Pail and Shovel, at t racted national atten tion last year for winning the election on an absurdist plat form that advo cated, among other ideas, bringing Ihe Statue of Liberty to the university's Madison site.) Hazelbaker says he was standing on t he shoulders of two Daily Cardinal staffers when the WSA president spot ted him. Mallon, Jim Webster, and another man ran towards the front door with Webster grabbing a hammer along the way, according to Hazel ba ker. "Webster came after me and yelled , 'Come back here you ass hole.' .. Brandishing the weapon ten feet away. Webster ordered Hazelbaker to turn over the film or I-te would "chop you up and leave you in Ihe snow ." "I was thoroughly terrified. " said Hazel CRESS -COURTESY DAILY CARDINAL baker, who then relinquished the fi lm. Webster im mediately exposed it. ' In a Daily Cardinal interview, Web ster admitted menacing the photo MASSACHUSETTS grapher with a hammer but denied in ----_.'._----._-_ ..._------tendi ng to hurt him. He accused Hazel baker of trespassing and complained IRS pays Harvard 'informers' that he was tired of reporter harass A fo rmer Harvard University Crim quest the reward . The reporters filed, ment . son investigative duo was forced to file and in January received checks for Hazelbaker claims he was not tres for Internal Revenue Service " inform $493.50 each from Ihe fRS. passing because he had been on a pub er's fees" to follow up on their 1973 ar Additionally, (hey reportedly lic sidewalk outside the window photo ticle on faculty housing tax discrepan learned that IRS audits of some Har graphing. cies. vard faculty revealed a debl of $10,000 After contacting the Madison police, The IRS allegedly told the reporters in back taxes. Low cost university Hazelba ker met with the district allor that the only way to obtain informa housing requires that personal income ney, but declined to press charges when tion on IRS action taken as a result of lax be paid on the difference between he was advised that doing so would Ihe Crimson expose would be to re- markel value and rent aClUally paid.O probably not succeed for lack of wit nesses . D
_ _ _ _ _ ------_ ... ._._...•...•...... _--- _ •....._ ....••...... •...... - . . . .. ---_.. _ . . . _-_._ ... _-_ •.•.....__ ._.- 22 Spring 1979 SPLC Report STUDENT PRESS
School offi cials of Bot hell (Wash� viser Eleanor Wallis proffe red a state inglon) Senior High School refused to attorney general's opinion uph olding Principal let Ihe school newspaper staff condUCI the paper's seance.
a poll an students ' sexual behav ior and The poll never saw t he lighe of day, backs down values last February, but relented after however. By t he time Peterson agreed a bit of legal harangu ing. to it , the article had lo ng been printed, on Larry Peterson, t he principal, took though not wi thout an editorial on the cover behi nd a ten-year�old state front page. "As student journalists , we school board regulation which prohib� have been taught repea ledl y the impor� sex poll its qu estionnaires on sex or religion tance of relaling our seories to stu�
wit hout written consent from parents . dents. When we tried to fo llow a prac ban The Catam oun t, which sought to tice we have been taught is good jour
supplemenl an art icle on sex with the nalism, we were thwar led," the edilor result s of its proposed pol l, countered ial stated. Ihat the slalute a ppl ied only to school But the Ca tamount will not be administrations and that , not being an Ihwarted again, Wallis said. "There is arm of the state, il was beyond jur� no queslion that if we wanl 10 [co nduct isdiction of that law. Addition ally, ad- a 1' 0111 in the fut ure, we can ." 0
MARYLAND Court upholds firing of Gaithersburg teacher
The Maryland Court of Appeals up School teacher who called some of his sian that "it was intemperance rising to held i n March the 1975 fi ri ng of a Gai sludents "jungle bunnies" afler they t he level of misconduct " for the teach lhersburg (Maryland) Junior High tau n ted him with insults and obscen er to respond to taunlS with a racial
it ies . epithet. The hearing examiner's report John Reselar was reportedl y stand mentioned, however. that il found "no FLORIDA ing nexl 10 a schoolroom window when racial bias or prej udice" on Resetar ' s Alligator appeals a group of students outside direcled the part. insulls al him. Reselar alleged ly re Resetar claims that he had closed Ihe The U ni versity of Florida Indepen sponded. "Look at those jungle bun classroom window be fore he "mum dent Alfigotor has appealed Ihe dismis nies. Somebody oughl 10 fee d Ihem ba bled Ihe remark" to himsel f . and said sal of its suil which charges former stu nanas. " The remark was overheard by IhaL i l was "humanly impossible" for dent polilicians with slealing 17,000 an assislant pri ncipal. and Resetar was anyone oulside Ihe c la ssroom 10 over copies of an April 1976 campus elec dismissed in 1975. hear him. He says that he made the re tion day issue containing po litical en· The court reaffi rmed a Montgomery mark out of frustralion with the stu dorsements u n fa vorable 10 I hem . County hearing examiner's earlier deci- dents' behavior all year.O Circuil Court Judge Wa yne Carlisle dismissed the Iwo-year-old case in Jan OHIO uary because I he A f1igator refused to comply with a November court order The Word is out - despite superin tendent 10 reveal a confidential source . Alfigator managing edilor Belly When Jeffrey Jenkins and six friends sibly more) adverlisers," Jenkins con Morgan said the slaff would rather lose banded t ogether 10 publish an under tinued. "The administrat ion doesn't the case Ihan divulge the name of the ground newspaper al Zanesville High use overt threats, but does il backhand informant who parlicipatedin the theft School [Ohio). superinlendent Ells edly . " and laler idenlified Ihe olher thieves worth SLatler frighlened away prinlers Sialler, meanwhile, barely acknOWl for the Alligator to avoid being named and advertisers beca use he wan led Th e edges The Word . He told the SPLC in the suil. Word to have an a dviser and be under Report, "The high schoo l doesn't have "To force reporters to reveal news a s yslem of prior review. accordi ng to a newspaper called Th e Word. It's j usl sources would ca use sources 10 dry up Jenkins, I he editor . a few kids who got t oget her . They went because they would fear disclosure of The Word is printed fi fty miles away out and so ld ads. Some people thoughl Iheir ide n tifies," an Allig ator a rt icle from Zanesville , a town of 30,000, be it was t he official newspaper and were said. cause Staller pressured local printers, misled . We slarted getting q uesti ons. " The student newspaper is seek ing Jenki ns said. "The school fa rms out He deni ed havi ng int imidated prin te rs . $6,000 in actual dama ges and $60,000 pri nti ng contrac ts 10 local businesses. in puniLive damages plus allorneys They don't want to lose business for "The administration figures if it ig fees. (See SPLC Reports 8 and Vol . II. the sake of Th e Word. nores [the newspaper] long enou gh, it
No. 1.)0 "He also caused us to lose one (pos- will go away," Jenki ns concluded . 0
SPLC Report Spring 1979 23 STUDEN'
, J
L i: p ;,1 •.... I"
FLORIDA FS U editors re�
Three Florida State University Slu dent journalists successfully resisted subpoenas ordering the release of pho tographs of a November Iranian stu dent demonstration on campus. Assistant State Attorney Dan McKeever subpoened Rick Johnson, general manager of Ihe FSU student newspaper, the Fla mbeau, and two staff photographers in January to ob· tain the photos for use in the trial of eight Iranians arrested during a protest of CIA presence on campus and U.S. supportof the shah. Johnson had indicated he would turn down the official request at the deadline. "No one's life depends on ,J them . It's not the business of the press to gather evidence for the state attor ney's office," explained Flambeau editor Steve Watkins, who had pre viously denied the public defender's re quest for the same photographs, The photographers' subpoenas were rescinded when the state attorney be came satisfied that they did not possess the pictures, but Johnson 's subpoena remained . Watkins had earlier trans ferred the photographs from the news PHOTOS COURTESY IHf FLORIDA STATE UNIVERSITY FLAMBfAU paper office to an unidentified site. Rick Johnson (aboye cen ter) . general manager of the Florida Slate Flambeau, "With regards to why we were sub did not surrender photographs oj an Iranian student de monstration on campus. poenaed when other media present at Th e photos. some oj which are shown here. had been subpoenaed by state attorneys. the demonstration were not. some
24 Spring 1979 SPLC Report 'JT PRESS
-;.'-.r .'. �sist subpoenas speculation was that as a smaller or ganization we would be without the re sources to combat such an intrusion and such would not be the case with UP£ or AP," Watkins said. Determined to go "as far as we're le gally entitled to do so," the Flambeau expected a court battle and the possible jailing of Johnson . However. "several newspapers in the Slate editorialized in support of our stance, including Ihe in fluential Miami Herald, Ihus increas ing pressure on the stale allorney's of fice," Watkins explained .
• 'The Ta llahassee Democrat, a local daily, offered us the free use of its at torney and the head of the Florida Press Association called to assure us that any baUIe we faced would nOI be faced alone." The subpoena was withdrawn three days before the Monday deadline "The explanation : a number of 'free lance people' had corne forward, spurred on by all the publicity, with photos. The state attorney no longer needed ours, we were told," Watkins said. "In a word. bullshil. but if that's the excuse the state attorney needed to cover himself, we were more than pleased to go along with it. ., 0
SPLC Report Spring 1979 25 STUDENT PRESS
MARYLAND picture one more lime. He grabbed my arm. I still had my finger on the trigger Adviser, photographer arrested and the flash went off in his face. He put the handcuffs on me from be hind. " during police locker search As Day and the officer descended Student photographer Alan Day and the stairs, Gugluzzi came down the his newspaper adviser Vincent Gugluz steps trying to explain to Daniels that zi were arrested March 28 after Day at he had given the student permission 10 tempted to photograph a police search leave class, Day said. of students' lockers. Day was charged "Gugluzzi wasn't yelling but Daniels with "disorderly conduct" and adviser was telling Gugluzzi to stop yelling. 'If Gugl uzzi was arrested for "interfering you don't leave, Mr. Gugluzzi, [Wil with an arrest " when he protested the liam) Brockelhurst, the other officer, police action. sa id, I'll place you under arrest for in
Day, a student at Mervo High terfering with an arrest .' " School in Baltimore, Maryland, deter Gugluzzi was then handcuffed and mined to cover the search for the stu taken on to jail. He was released two dent newspaper after he noticed securi hours later on his own recognizance. ty guards rummaging through lockers Day was not taken to jail, but to the out side his journalism class. The office where he was released to the cus search was reportedly part of the prin tody of his parents. cipal's recent ca mpaign against drugs . Mervo Principal Robert Phelan de "I decided it was a possible story. I fe nded the police ac tion and said that got a hall pass from Mr. G. [ad viser Day, whom he calls an "extreme disci Vincent Gugluzzi]. When I got to the plinary problem " was arrested only for security guards they were searching a harassing the officers. Phelan was not locker. One of them was kneeling a witness to the incident. down with his hands going through the "The secu rity police have a right to pocket of a coat . I was seven feet away, search lockers," he said, noting thai on the other side of the halJ . only certain lockers had been searched. . "I never even got a [usable] photo He would not say that the search was gra ph. I was focusing and one of the part of his campaign to stop drug use guards, Officer [RobertI Daniels, saw on campus. me and said , 'You can't do thal. Get walked over, pu t his hands over the Day will appear in juven ile court in out of here.' " camera lens and shoved the camera in May . Gugluzzi will be arraigned June According to Day, Daniels then to the st udents' face. "I tried to take a 7. 0
The former principal of Fort Hamil odds with Loiacono throughout his ton High School (Brooklyn, New three-year stint as principal until his Fo rmer York) is contemplating taking legal ac transfer to another sc hool this winter. tion against the school newspaper, the The editorial was simply the last straw Brooklyn Pilot. for a December article which ac for the principal who had earlier cau cused him of " insane despotism. " tioned the Pilo t 10 restrain from inves tigating and writing about administra· principal The ed itorial disagreed with then tive actions, Klingle said. pri ncipal Charles Loiacono's decision The editor said Loiacono lectured not to approve a veteran National may sue some staff members on their responsi· Honor Society adviser for another bility to print "whal students want to term, sayi ng the decision was "another read . None of this business is impor student example of [Loiacono's) complete, in tant to them. It's not whal they want to sane, and uncalled-for despotism." read. " He alleged ly likened the Pilot to Loiacono reportedly called the piece paper the National Enquirer. "journalistic garbage" and said he "I wish he would sue. That would let would sue the adviser and sta ff. the courts decide the issue," Klingle Loiacono refused to comment to commented . He claimed he had ea rlier SPLC Report except to say that he is contacted the ACLU for advice about currently cons ulting with a la wyer. whet her the "insane despotism " art icle Accord ing to student editor Andrew was libelous and was told it is not de Klingle, the newspaper had been al fa matory. D
26 Spring 1979 SPLC Report STUDENT PRESS
UTAH Chronicle obtains Hughes papers The University of Utah Doily Chron icle scooped the national media by ac THE Q u iring and publishing some of the late DA ILY billionaire Howard Hughes' personal UTA H papers. I ' The 3000 pages documem Hughes' ! i business activities and pr ivate life be i tween 1974 and 1975 through extensive I -Editor's Note--
daily logs. court papers . memos, and .... h t,.,..•• ...d � "I.,,",IC"I<' Jvro,,'f hu "'.. !: MotooU\ tn, (.",..,." ,1. �I''''' bank records. Excerpts were published t.ll•• w,,...... ,"'"01 \c-nlM'd ...... , .. ",. 01&<1: 1\ ,,1.,.... ' \, ..... d."'''...... 1 '.hol I! .... 1 �_1t (llr.. � dtt "Hi.. III� "",,'H, in seven installments as the documents ...... 1:..11' IJl lh.:u u'f 1� ,.Pod t",�" ,1_ I .. ... Hull.h.", ••.. I'u.... � ,...... '1.,.,!. .n . ,O€" .�" . were released to the Chronicle between l.r10ft" �11 1?f"--.1 '"�""ClU, In(' rM""",1'> I {,' ,,"( THE II'> r"FI M'�oro .11'<1 c...1U mediary to the Chronicle, culminating doubt," says Howrey, " except for a Society of Professional Journalists, six months of negot iations with the few papers suspect because of the awarded the newspaper its regional newspaper. Johnny Meyer case." Howrey cites the prize. thus Quali fyi ng it for the nation "It was a lucky break." says How veri fication of Canadian House of al compet ition, and a CBS affiliate in rey. "The primary reason we got the Commons memb. er Reynolds, and the Salt Lake City based a television docu _ ..... _ mentary on the Chronicle findings. papers was because the people involved fact that no one has chal-_ lenged the alle- 0 .- . .__ _ .. ._ . _ _ - . . .• . _ SPLC Report Spring 1979 27 ------CENSORSHIP ILLINOIS ICCJA rips Elgin administration; A CL U'sGol dberger to represent students A study released March 12 by the Il closing its offices. Elgin President linois Community College Journalism Mark Hopkins later fired the paper's Association (ICCJA) has charged that adviser, Beth Pool. In September, the administration of Elgin Communi most of the ECCO staff resigned in ty College "harassed the official stu protest; they have since published an dent newspaper and the substitute underground paper, the Real Vo ice. school newspaper, infringed on the stu The ECCO has published sporadic dent government's advertising plans, ally since that time. Pete Retzbach of and hampered student access to cam the SL Charles (Illinois) Chronicle pus information." reported on September 27 that all The ICCJA announced that it would phone calls to the ECCO were referred consider action against the school at a to the Office of Student Affairs where later meeting. Verne lie Daberkow, director of student In the meantime, ACLU attorney activities, had taken over as adviser. David Goldberger has agreed to repre Dale Wilson, former ECCO editor and sent the student journalists. Goldber now publisher of the Real Voice, said ger gained notoriety last year when he in March that Daberkow has since represented the National Socialist Par taken over writing and paste-up duties. ty in its quest to march in Skokie, Illi President Hopkins defended Daber nois. k.o w's involvement. He told Retzbach, The study carne more than a year "It (the ECCO] is a student activity after con flicts between administrators and a learning experience, not a news and student journalists first surfaced at paper. The ECCO has the right to criti Elgin (See SPLC Report Vol. II, No. cize, as long as its done responsibly." 1). The student newspaper, the ECCO , The Elgin Community College Trus had published articles critical of the tees began discussion of the matter in student senate's handling of funds. late September. Board member Lynn The senate angrily reacted to the arti Schock expressed his differences with cles by cutting the paper's fu nding and Hopkins. "The ECCO should be re- COLIRTESV THE REAL VO'CE Counter-clockw;se: Fo rmer adviser Beth Pool, Real Voice editor Dale Wilson, E/g in President Mark Hopkins 28 Spring 1979 SPLC Report CENSORSHIP moved as much as possible from pol · itics. I thought we had a pretty good ��- ----�- "In 11>& Midcll& Of W�'v� Coml A paper , but it seems we're hurting it, World WOJ �I" �KONTAC� _"�'( � u_. " •• __ . _� __ � crippling it." He introduced a measure to remove funding power from the sen ate, but the Trustees rejected it , 5-2. The new school year had b rought a change in senate membership. how ever, with new senators more sympa thetic to Pool and the Real Voice . Dur ing the fal l, the body decided to fu nd a literary magazine and asked Pool to be its adviser. Pool accepted, but Presi dent Hopkins o bjected and the matter was dropped . On February 12, the pre sident of the senate resigned under pressure from President Hopki ns. Finding the new ECCO an ineffec tive medium, the senate began to ad vertise student activities in the Real Vo ice, and by late February had run up a bill of $75 with the pa per . But at that time President Hopkins notified Wh en Wa rsaw administrators were unable 10 censor Kontac editor Summe s the senate that it could no longer ad editorial, they suspended the paper altogether. vertise in the Vo ice because rules pro hibi ted "institutional money from be May \978, former principal Clayton (used because "they were all afraid of ing spent on advertising in a newspaper Smith had prohibited publication of being fi red . " not recogniz.ed by the staff of ECC. " Summe's editorial , "In the Middle of Summe and ano ther student , Jeri Wilson says he has been trying to get World War Ill," which criticiz.ed re G risso , are represented by South Bend his pu blica tion recognized since early cent teacher firings. He claimed that aUorney Jeanne Swartz. October, without success. As of March such editorials "violated approved Warsaw has gained notoriety in re the senate had not paid its bill. 30, 0 policy. " cent years because of its c ensorship Summe appealed to the school problems. The Los Angeles Ti mes ran INDIANA board, and by citing several court deci a front page article on June 3, 1978 re sions giving student newspapers pro porting that the Warsaw School Board Students sue to tection under the First Amendment, ordered the burning of such books as persuaded the board to let her run her Th e Bell Jar, Go Ask Alice, and The • editorial uncensored. It ran May 26 . Stepfo rd Wi ves. The Indianapolis Star reported a mo nth later that te cher reVIve paper Ray Green became principal during a a was fired for questioning the prin Two students at Warsaw (Indiana) the summer, however, and asked cipal ' s orders to ban certain textbooks. Community High School filed suit in Summe to sign a document stating that And Professor Edward B. Jenkinson U.S. District Court in April, charging she would not participate on the Kon of Indiana University has published a that their principal, superintendent and lac sta ff the following year. She re study which he says shows that the school board acted illegally in suspend fu sed. Warsaw School Board "continues to ing t he Warsaw student newspaper , the Green denied he was intimidating or violate the First Amendment rights of Konrac, and replacing it with a page in censoring Summe, and said rather that students, teachers and parents. " a local newspaper. The students con his action was simply "an administra Joe Bauer, an attorney from Notre tend that the new format, called ' 'Tiger tor's attempt to solve a student's prob Dame, Indiana, has filed suit against Alive," is limited to "stories that con lem. " the school board over the book-burn vey a positive image of Warsaw ," and In September, he announced the sus ing controversy . prohibits publication of editorials and pension of the student newspaper . and More recently, Green ceosored sev sports articles . said that in its place the local daily eral photographs from the school year suit see ks a permanent injunc , The newspaper the Wa rsaw Times- Union , book. One photograph depicted stu tion to revive the Kontac and protect it would reserve one page a week for dents roller skating in a hallway , while from administrative review and censor articles by students. Green would another showed a rally by more than ship. It also asks for punitive and com review al l contributions. 400 students protesting a new "tardy pensatorydamages. He said that the Kontac was sus policy." He has also ordered two pho Principal Ray Green and Superinten pended because the school was having tographers to turn over all film relating de nt Charles Bragg decided to suspend trouble finding an adviser, but Summe to a p hoto essay on marijuana use the Konlac after Editor Anne Summe believes that he never had any intention among students. So far, the students questioned the administration's policy of h iring one, and that in fact the have refused, and are considering legal of reviewing newspaper articles . In teachers Summe had asked only re- action . O SPLC Report Spring 1979 29 CENSORSHIP .ALABAMA- . Pot photo outrages Mobile School Board A photograph of students smoking marijuana published i n a high school yearbook so outraged the · Mobile County (Alabama) School Board last December that it established a policyof censoring any material in student pub lications that does not "promote the general welfare of students." The photograph appeared in the Davidson High School 1978 annual over a caption which read : "A few stu dents resort to alcohol, pot or tobacco when they become bored. A buzz or a high seems to ease boredom and make I the daily burden lighter. I Under the new guidelines, the facul ty adviser is directed to "scrutinize and PHOTO BY JOHN M YIINSON I COU'HESV THE BLADE approve all items placed in the annual , with any i tem he or she has any doubt Fl orida students'sp oof oj Anita Bryont was destroyed by school administra tors about taken directly to the principal." who deemed it "in poor laste. " The principal will then "be held re sponsible for presenting a book that FLORIDA meets ... community standards." Those standards specifically exclude Principal orders students "showing or implying" drug use, alco hol consumption, vulgar language and to anything " cont rary to the good taste of destroy Anita Bryant sp oof the localcommunity ." One Ihousand copies of Ihe North "The article was definitely not in The school board first enforced east High School newspaper in St. Pe good taste," Zachary said. "For a those rules in February when a Valen tersburg, Florida were reprinted in school newspaper, il had no business tine's Day issue of the Mobile High April because a spoof of Anita being in il." School student newspaper, the Sp or Bryant's anti-homosexual views was He explained that he wanted Ihe pa lill', ran a l r c which contained the ime i k deemed "in poor t aste " by school ad per 10 presem "a public image in a way word "catho use ." The leacher who minislrators. that we wanl it to be presented . These oversaw the issue was suspended from Four pages of the six-page Nor' kids know that and I would hope t hey teaching three days and laler were for re Easter April Fo ols' Day edition wouldn't try to write Ihese sort of ar moved as adviser. Three members of reprinted at the cost of $100 to the lides . They're nOI just writing for the staff were also placed on proba school budget 10 remove Ihe humorous adults; we're writing for 13- and 14- tion. announcement that Anita Bryant year-olds." "If that's called censorship, we're would speak at the school about her The school superintendent, Gus Sak going 10 censor," said School Board two books, "Drink OJ, Don 't Be President Don Alexander. Gay," and "Eal Fruit , Don 'l Act Li ke kist differed . "It's nOI a mailer of what i a e Ihe princ ip l wants to see Anne Reeks, a Mobile Press Register II." A ll the articles in Ihat edition were m g a at the high sc hool." He add ed that no reporter who regularly covers the spoofs . o cy exisls at Northeast school board, queslioned the legality Nor' Easler adviser Herb Sirota first censorship p l i of the new policy and contacted the read Ihe item when the paper returned High School, bUI mentio ned that stu c decided Student Press Law Cenler in Washing from Ihe primer. Believing t he article dent editors had on e Lo main lain a paper free of personal attac s . ton . SPLC Director Michael Simpson 10 be libelous, he consulted with school k told Reeks Ihat the new policy is "bla principal Thomas Zachary and two as "J was pretty shocked but there was lantly unconstitutional." sistant principals. They decided to de nothing J could do about it," said But Alexander responded to Ihat st roy the edition and reprint it withoul ed itor Wendy Borbath. "I don'l see cont ention by saying that "Washing the Bryant article. that there was anything offe nsive ton lawyers had better keep their noses Another adviser, Terry Dunham , about il. There were other pariS of the I out of Mobile schools. I He said he said he read the issue before it was paper J thought would be more offen would run his schools "the way J run printed and found the Bryant spoo f ac stve." including an arl icle t hat mocked my high school-aged daughler-with ceptable because the actress is a public Zachary's southern accent . ThaI article an iron hand." 0 figure and therefore subj ect to parody. ran in the revised edition. 0 30 Spring 1979 SPLC Report CENSORSHIP NORTH CAROLINA University fires, rehires editor in election coverage dispute The publications board of East spmng with his editors not to print Carolina University suspended Doug anything on some Fo untainhead poli White as editor of the Fo untainhead "White was removed in tical "enemies" so as to avoid giving for almost a month this spring on the out free publicity. not keeping consis a shocking manner charge that the newspaper gave biased tent office hours, not enforcing dead coverage to the recent student govern utterly devoid of any lines. re-printing old editorials and ment race . White was reinstated with due process whatsoever." general mismanagement. full pay in April. only a week after his When questioned by the board, attorney threatened to sue t he univer White responded that he withheld pay sit y. checks to force the staff to attend According to board minutes, the sus published platform had been mis meetings, that beer was drunk while pension was ordered March 27, four placed. He refused to print a statement police were on the premises, that he be· days after the publicat ions board heard apologizing for the Fo untainhead elec lieved there was a faction against the complaints from student poli ticos and tion coverage, as one board member newspaper. that the staff had recently one faculty member that the Fo untain requested. begun to establish consistent office head had manipulated the elections by After White's suspension the board hours, that he had only recently begun not publishing the platform of one can launched a full scale investigation of to enforce deadlines because he wanted didate, not contacting a candidate for the Fo untainhead. Student government to leave the staff "breathing room," comment on an article concerning him. President and board member Tommy and that he wrote 90070 of the editor and otherwise presenting a biased view Joe Payne denied that the investjgation ials. of the campaign through errors of wasun dertaken fo r political reasons. When the board voted on April 3 to commission and omission. No formal White claimed the board met "in a continue the temporary suspension in reasons were given Co r the suspension series of secret meetings" and never definitely, White contacted the SPLC until April 12, when White received a gave him written notice of the charges and the North Carolina Civil Liberties Jetter from the board . against him or permitted him to cross Union for legal assistance. NCCLU At the March 23 meeting where chese examine the witnesses against him. volunteer attorney Thomas F. Loflin allegations surfaced , White explained The board reportedly heard testi III wrote university chancellor Dr. that he had followed a "hands oCC" mony accusing White of placing a free Thomas Brewer demanding White's re policy. Page editors made their own political ad in one issue, withholding instatement. decisions and set their own policy, he paycheCKS, allowing the consumption Loflin noted in his April 12 letter said, adding that he belie ved the un- of beer in the newspaper office, con- that White was suspended "from the student editorship of the paper in ob vious recaliation for the manner in CALIFORNIA which he covered in his paper student political issues and races," and said the T-shirts upset administrators board hearings were conducted "in a T-shirts bearing ambiguous sexual the Viking Voice. by junior Darren shocking manner utterly devoid of any references were the target fo r adminis Johnson protested the administration's due process protections whatsoever." trative discipline in Cali Co rnia's Kings discipline of the students and failure to Loflin concluded by threatening le burg High School in February. consult the Student Council before tak gal action if White was not reinstated One student had to wear her T-shirt ing action. According to Johnson the within seven days. Chancellor Brewer , , backwards and under a jacket for its column "enraged teachers, administra reinstated White with fu ll back pay on inscription " Life i s a bed of roses but tors, and a minority of students and April 19. watch out for the pricks." and another community members" because it re However, the board did not reap student was sent home Cor a shirt say· printed the T -shirt slogans. point White as editor for next year . ing "Sque eze Mine" with an arrow An attorney consulted about the "The board action irreparably dam· pointing downwards. controversy ad vised that dress regula 3ged any chance I had for reappoint The Kingsburg dress code prohibits tions should be made more spe cific. ment," he said. "It was a political students from wearing clothing with School officials have agreed to re-word move from the beginning." "unacceptable wording, insignias or the code. White said, "The administration slogans." The St udent Council is the hasn't yet learned what freedom of the official dress review board with ulti Johnson is the winner of the First press means. They still believe they are mate authority resting with the assis Annual SPL C Journalism A ward fo r the publishers [of the Fountainhead) , tant principal . his article on the First Amendment. contrary to what the courts have A column in the school newspaper, Hiscolum n isrepr in ted on page 47. ruled.ltD SPLC Report Spring 1979 31 CENSORSHIP NEW JERSEY Students sue over censored Carlin article Two New Jersey high school stu dents filed suil in March challenging their school officials' decision to cen sor from the school newspaper an edi torial about a recent Supreme Court decision. School officials contend Ihat the edilOrial contains "indecenl lan guage. " Mati Smith and Alan Grossman, staff members of the Cranford High School Sp otlight and authors of the editorial, asked a U.S. Districl Court to permanently enjoin school ofricials from prohibiting the publication of the con troversial ar ticle and to award COSIS and at torneys' fe es. The students' .editorial allacked the Su preme Cou rt's decision in the case FCC v. Pacifica Fo undation, which upheld a Federal Communications Commission order restricting the broadcast of "seven dirty words" to those times of the day when children are not likely to be in the audience. The -case arose from a mid-aflernoon broadcast by New York radio station WBAT of George Carlin's monologue "The Seven Words You Can't Say on Television . "(See SPLC Report 8.) Named as de fendants in the stu dents' suit are the Cran ford Board of Education, Superintendent Robert Paul, Principal Robert Sayfarth and Assistant Principal lrwin Figman . In spring 1978, Smith wrote an ar ticle about the case and submilled it to his editor. Because the ar ticle con tained specific reference to Ihe seven Language used in a mid-aft ernoon monologue oy comedian words, the editor submitted it to Assis George Carlin was dee med "indecent " by the Sup reme Court. tant Princi pal Figman, who refused to allow its publication. The following summer the Supreme Amendment ri ghts of the [students] 10 Smith appealed Figman's decision to Court issued its decision in the Carlin peace fu lly and non-disruptively ex Principal Seyfarth, pointing out thai case. Smilh, with the assistance of fe l press and communicate their views." the article was an expression of opinion low reporter Grossman, revised the ar The students also assert that the cen and that the inclusion of the seven ticle leaving the seven words intact and sorship was unconstitutional because words was "in the interest of com plete submitted it for publicalion the follow the school has no written guideliness and accurate reporting." Seyfarth also ing school year. Although the st udent concerning sludent publical ions. refused to allow the article's publica edil Ors voted to allow the article's pub Papers liIed with the court allege tion. lication, Principal Sey farth again ob that all seven of the objeclionable When an appeal to the superinten jected. words can be fou nd in books and ot her dent of schools proved frui tless. Smith Smith then contacted the American publications in rhe Cranford High appeared before the Cranford Board Civil Liberties Union, which arranged Sc hool library and other libraries in of Education in May J 97 8. The board fOf him to be represented by Somerville Cran ford and throug hout New Jersey. voted to censor Ihe article, calling it allorney Richard Harris, The newspaper staff is holding up "filthy" and "offensive." One board Smith and Grossman liIed suit in pu blical ion of the June issue of Ihe member charged that the school "was March claiming Ihal Ihe ce nsorship of Broadcaster pe nding the ou tcome of a no place for words like this." t he editorial "violated t he First hearing scheduled for May 29. 0 32 Spring 1979 SPLC Report Your subscription supports the work of the Student Press Law Center The Student Press Law Center is the only national Pleaseell(<< my subscription to SPLC Reports: organization devoted exclusively to protecting the First o I yearat $5 .00- for students Amendment rights of this nalion's high school and college o I year at $ 10.00- for non-51 udenls journa lists. o Along with t his blank I have enclosed a check or The Center serves as a national legal aid agency providing money order payable 10: legal assistance and information to Siudents and faculty Student Press Law �nter adv isers experiencing censorship or other legal problems. 1750 Pennsylvania Ave. NW Three times a year (Wi nler, Spring, and Fall), the Center Room 1112 publishes a comprehensive Report summarizing current Washington, DC 20006 controversies over student press rights. In addition , the Reportsexplain and analyze complex legal issues most often o Please bill me laler. confronted by siudent journalists. Major court and legislative aClions are highlighted. Name This year, Ihe SPLC Reporl has been extensively revised and expanded to beller meet lhe needs of students, teachers, adminislrators, and lawyers. Your subscription price ($5.00for students, $10.00for non City, Stale, Zip students) will help us continue to serve as the national advocate for the rights of student journalists. Other Please begin my subscription with Reporl__ _ contribUlions are lax-deductible. Back issues of the Report are available at the following o 1 wish to support Ihe work of the Siudeni Press Law CenlC1' prices: with a cont ribulion in t he fo llowing amount: Issues 2-4 @ $1 .00 each The SPLC is interested in the titles or positions of ils individual Issue 5- Volume 2, No. I @ $2.50 each subscribers : . ______t tile} poil I ion SPLC Report Spring 1979 33 '-.. �' ·�. " .� " .= '; ..., . I' � 'i . - Studentsne ed not apply Shield laws, press pass policies often exclude student journalists by David Danner the privilege to journalists contribu ting to newspapers and pe riodicals 'issued at regular intervals and having a paid ..A corollary to the right to publish ," POller Stewart circulation.' This would appear 10 deny the privilege to once said, "must be the right to gather news. The fu ll flow student journalists contributing to high school newspapers of in formation to the public protected under the free press which have no paid circulation. There may also be a ques guarantee would be severely curtailed if no protection tion as to whether such journalists are co ntributing 10 an whatever were afforded to the process by which news is as 'accredited newspaper.' " sembled and disseminated .'" The phrase "issued at regular intervals and having a While the courts have consistently held that college and paid circulacion" is nearly identical to che wording of che high school journalists are protected under the First shield laws of Illinois, ' New Jersey,· Indiana,' Louisiana' Amendment,' no court or lawmaking body has yet held and New York.? Arguably, students would nOl be covered that students are entitled to the same "right to gather in any of these states. news" as professional newsmen. And despite Just ice New Mexico's shield law defines "journalist " as "any Stewart 's corollary, student journalists are regularly person who, jor gain, is engaged in gathering, preparing, denied access to news events ranging from school board editing, analyzing, or commenting on news for a news meetings to presidential press conferences . paper. . . ,," 0 Similarly, New York and Maryland laws There are, of course, fundamental differences between protect only those who work "for gain."" Under these swdent newspapers and made-for-profit publications. In statutes. unpaid student journalists are not covered . many cases, st udent newspapers are produced as part of a Delaware's shield law defines "reporter" as one who school's journalism curriculum, and ordinarily they are "at the time the information was sought was earning his school-funded . They are usually distributed at no charge principal livelihood by, or in each of (he preceeding three wi thin the school. And frequently student journaliscs are weeks or fo ur of the proceeding eight weeks has spent at not paid for their work. least 20 hours engaged in the pract ice of obtaining or pre But are these differences significant enough to deny stu paring information for dissemination ...." I: The law dent journalists some of the rights enjoyed by professional wou ld cover only those students who could show that they newspapermen? In most cases, no. But they are often put in the required time to fit the state's definicion of "re enough to exclude students from the benefits of some state porter. " laws and federal government po licies. Such li mits as those stated above have been successfully challenged in the courts, however. In 1977, a student fi lm Shield Laws Exclude Sludrnts maker at the University of California at Los Angeles re In the 1972 case Branzbllrg 1'. Hayes, ) the Supreme fused to turn over (0 an Oklahoma judge any papers and Court held that reporters do not have a right to refuse 10 film relating to a free-lance fi lm project, contending that reveal conridential news sources to a grand jury . However. as a member of the press he was entitled to protect his con the court suggested that individual states could enact laws fidential sources. to provide newsmen this privilege. Today 26 states have so Arthur "Budd" Hirsch was filming a documentary ca l led "shield laws" which protect newsmen from prosecu about the death of Karen Silkwood , a laboratory analyst at tion for re fusIng 10 disclose news sources 10 a judge, legis an Oklahoma plutonium processing p lant who was killed lative body or other tribunal. in a car crash en route co meet a Ne w York Times reporter. The laws of nine of those statcs, however, do not extend Silkwood was expected to disclose alleged plutonium losses the privilege to students. Fo r example, Rhode Island AI and ol her irregularities at the plant to the reporter. torney General Dennis Roberts told SPLC Report that his Her fa mily later sued the plutonium processing company state's "Newsman's Privilege Act '" "limits the scope of and several FBI agencs, charging them with conspiracy to ----_...... -.•. _--_...• _ ...._-_ .. _ . _ ._--_._-_ ... _--- -_... -_ . . ..- --- SPLC Report Spring 1979 35 preven t Sil kwood rrom organizing a law fu l labor union at gan, Minnesota, Montana, North Da kota, Ohio, Oregon, the plant, as we ll as negligence in exposing her to harmful Pennsylvan ia and Tennessee. radiat ion. But even in these states, such protec t ion does no t neces The company's attorneys served Hirsch with a subpoena sar i ly i mply that students are recognized by lawmakers as in Feb r uary 1977 order inJ!, him (0 a ppea r in court with all having the same rights as profess ional newsmen ro r ot her papers and film relating to (he Silkwood investigat ion . He purposes . refused , citing his privilege as a member or t he press to protect con fidential sources under Oklahoma's shield Endorsements Banned law.') In Oregon , for example, state Attorney General Ja mes The U.S. Dist ric t Court in Oklahoma C ity ru led that Redden issued an opinion that s tudent journal ists were Hirsch was not covered by t he state statute because he was bo nafide "representatives of the new� media." bU I nulli not "regularly engaged in obtai n ing, writing. reviewi ng, fied that concession by s tati n g that student journalists may ed iting, or ot herwise preparing news ." But in September be barred rrom executive sessions of schoo l board meet · 1977 t he U.S. Cou rt of Appea ls ror the Tenth Circui t re ings, even when those meetings are ope n to members of the versed the lower cou rt ru ling, holding that Hirsch was en pro ressional news media. Because st udent newspapers are tit l ed to newsman's status, and was therefore not required pu bli shed with sc hool fu nds and as par t of a journalism (0 tu rn over his papers a nd fil m. curriculum, Redden says, sc hool districts are effec tively "We are not p repared to say that the fact that Hirsc h is the "owners" of such pu bl ica tions and may therefore re not a salar ied newspaper reporter of i tselr acts to depri ve strict their co ntent as well as the act ivities of t heir report him or (he right 10 see k protect i ve relier, " t he court ers. "fir a school d i stric t ) po licy bars reporting of t he mat· stated . " ters discussed (at a board meet ing). the student reporter In t he 14 ot her states that have sh ield laws. student jou r need not be admitted . and if admitted. any report of the nalists would probab l y be exten ded the same protect ion as session may be prohibited." 16 professional newsmen .' � Those st ates are Alabama, He also rea ffirmed hi s ea rlier opin ion that ed i torial poli Alaska, Arizona, Arkansas, Ca lifornia, Kencucky, Michi- cies of college and uni versity newspapers are subject to control of school administrators. "It is the school 's news paper. The editor and others who work on the newspaper are not doi ng so in the capac it y of free agents to whom the freedom of the press would attach . , .,' Several co urts, i ncludi ng (he United States Cou rts of Appeals for the Second, Founh, Fifth and Seventh Cir cuits, have rejected Redden's contention that school dis tricts are "owners" of student newspapers and therefore entitled to control ed itorial pol ic ies . ' 4 Redden based his opinion on a 1972 Oregon Appeals Court ruling which held that a m u nicipal water board cannot use city funds to promote a ballot measure w hich di rect ly affe cts the public u t i l ity. "What that case h as (0 do with editor ial j udgmen t , 1 haven't t he foggiest ," remarked Universit y of Oregon co mmunications professor Jack Hart. "Student newspa· pers are fo rums for student opinions and are covered by t he First Amendment." But Fred Friendly, a fo rmer Co lumbia University journal ism profes sor and CBS News chief. now wi th the Ford Foundation. says that school c on trol of editorial policy is "likely constitutional since the newspapers are tax- supported . " The issue may be decided soon. Last April a Glads(one, Oregon student reporter fi led a class action suil i n U.S. District Co urt i n Portland after he was denied admittance to a board meeting which was open to pro fessional news me n. Scott Clark. a repOrter for t he G ladst one H i gh School Roamin ' Scroll. has sued his adviser, princi pal and sc hool board , ask ing, among other things, that s t u de n t s be afforded the same access rights to school board meet ings as ot he r reporters. (See story on page 4.) Access at the Federal Level Student journalists face great d ifficu lty gaining access to news events of nat ional interest. Wh i le the most deter mined repo rters may sometimes a t tend president ial press con fe rences or sessions of Congress , policies of all three b ranches of (he federal government as a rule deny press ac PROVIDe NCE JO URNAl·BUI l.E Til; cred idation to students. Rhode Island A (forney General DellI/is Roberts soys Rules governing the press galleries of Co n gress limit his slale 's shield lo w does not eXlend to students p ress passes only to persons working for newspapers "pub- ---_ .. __ ._ .. __ ._...... --_ ... _---- 36 Spring 1979 SPLC Report The Constitution empowers each house [o f Congress) to determine its rules of proceedings ...It is a conti n uous power. always subject to be exercised by the hou se, an d wi thin the limits suggested , absolute and beyond the challenge of any other body or tribunal." Th� appeals court did not say that t he press gal leries' policy was right; it si m ply said you cannot sue Con gress. White House Policy ' Arbitrary' '(ou can sue the Whi te House. however, and according to McGee, "You might have a suit agai nst them_ I'm not saying you do, but you might." White House criteria for issuing pe rmanent press credentials require, among other things , that j our n al ists "be accredited to one of the Capitol Hill galleries,"" a req ui rement which necessarily excludes students. If, as the D.C. Di strict Co urt says, such policy is a violation of the freedom of the press guarantee of the constitution. M cGee is proba bl y righ t . White House Associate Press Secretary Patricia Bario says the rationale for denying st udents access to White House news events is simply a mailer of space. "I recog nize that the president is a students' president same as he is to everyone else," she says ... However, press con ferences involving the President of the United Slates, by their very nature, become a crowded event. We find it v i rtually im possible to accommodate all the students who would like 10 attend and therefore have adopted the rather arbitrary COURTESY THE EUGENE REGISTER GUARD posture that we can accommodate n one. " Oregon Allorney General James Redden: Jnterestingly enough, the same D.C. Court of Appeals School boards ael as "owners" oj publica tions which said that Congress is i mm u ne from suit also ruled in a case involvi ng White House press credentials that "arbi lished fo r profit and supported chieflyby advertising or by trary or content based criteria fo r press pass issuance are subscription, and owned or operated independently of any prohibited under the First Amendment . ,.:\ Student journalists may have d i fficu lties covering industry, business, association, or institut ion." I 0 Roy presidential press con ferences in their own hometowns. McGee, superi ntendent of t he Senate Press Gallery, ex pl ained that high school and col lege jou rnal ists would be Tami Miller of the Yamhill-Carlton (Oregon) High School excluded under this rule. "The rationale for excluding Expression sought press credentials to cover Caner's May non-pro fit groups is to exclude lobbyists or organizations 1978 visit to Oregon to campaign for Democratic candi not organized as pub lishing ven tures . Non-profit organiza dates. Carter's advance people denied M i ller's request, tions usually have other motives [than objective reporting] . saying that they "weren't allowing teenagers in for a varie ty of reasons." One of the reasons cited was that "pro fes and their publication is onl y a sideline . . ' Asked how this rationale aoolied to student publica sional jou rnalists did not want to work with unpro fession tions. McGee said simply that such pu blications are affili al student reporters. " ated with institutions and are therefore excluded . "It is not a First Amendment right al all," he said. "It is a non-justiciable issue; it is a privilege 10 occupy space in the Senate press galleries ." The notion of privilege was challenged in 1973 by Con sumers Union, the non-profit organization that publishes Consulller Report magazine. Often Ihe Per iod i cal Corres pondents' Association, directors of the Senate press gal "We find it virtually impossible leries, denied press accredidation (0 (he magazine's report to accommodate all of the students ers. Al though Consumer Report had a circulation of 2.2 m illion, it was not pu blished for profit. who would like to attend The United States District Court for the District of Col [White House events] umbia ruled that COllsumer Report 's exclusion from the and therefore have adopted Se na te galleries was a "denial of equal protection and due process , " and that the Senate's policy of excluding non the rather arbitrary posture profil gro ups "violated the freedom of the press guarantee that we can accommodate none." of the Constitution of the United States . ,.," But the Peri odical Pres� Associ ation appealed the ruling , and in 1975 the court of appeals reversed I he lower court's decision. The case, it said. "is non-justiciable." The higher court based its ruling on Ihe 1892 case of United Stales v. Ballin, which decided : . .. . _ _ _ _ _ ---_. _-_. __... .- ...... __...... - .._ ...... __ . -_ _-- . ---.. ..-.. - _------_.__ .. ._- ... SPLC Report Spring 1979 37 Still, he invites student journalists to fill out Secret Ser vice information cards so that they may be admitted to pa rticular events or do specific interviews. "Student jour nalists wishing to cover a White House event should con "You keep menti oning tact me or Patricia Bario. Those interested in covering an the First Amendment. . event during presidential travel can obtain information on the credentials procedure from an AP or UPI wire service How does that apply client not less than fo ur days in advance of the President's to what we're doing?" scheduled visit." asked an Indiana administrator Recent Challenges as he prepared to Students do most of their news gathering at the school burn schoolbooks, and local level, and it is here that they face the most re straints on such activity. Many advisers and school admin censor the sc hool yearbook istrators see their relationship with student journalists not and close the school paper. as one between government and press , but as one between teacher and st udent, or between adult and ch ild. "You keep mentioning the First Amendment . How does that ap ply to what we're doing? " as ked a Warsaw, Indiana ad ministrator as he prepared to burn schoolbooks, censor the school yearboo k and 'close the school paper." The differ Even with help from U.S. Representative Les AuCoin, ences between constitutional right and parental responsi the Student Press Law Center and a Yamhill Cou nty com bility are not always understood . missioner, Miller was unable to obtain a pass . When Car But the more students have strived to cover substantive ter finally arrived, she was not there to greet him. issues, the more they have been willing to challenge what But sev�ral months later Ca rter announced plans to re they believe to be unconstitutional restraints on their news turn to Oregon, and Miller began her quest a second time. gathering activities by ad visers, ad ministrators and gove rn This time her strategy was diffe rent; she emphasized to ment. Carter's advance team that the Expression served as a com Student journalists in Arkansas, for example, threat munity newspape r and was mailed to residents of Yamhill, ened to ri le suit to challenge a state police policy of denying Carlton and Gaston. This time, she received her pass . press credentials to students . They received their passes in "The pass was granted to me only because my paper Fe bruary . (See story on page 5.) covers community news ," she says. "They still will not A reporter at Palm Beach Junior Col lege in Florida allow students press passes, and they made an exception in sought legal advice to challenge the school administra my case ." She says that when she picked up her pass she tion's contention that it was not req uired under the state's was instructed not to tell anyone that she was a student. open records law to release documents concerning the col But White House Deputy Press Secretary Walt Wurfel lege president's travel expenses. He later obtained the doc says that his office uses "a ru le of reasonableness and fair uments, which showed that the college president had spent ness " in limiting student access only "to the extent that school money to fly to a distant city to attend a basketbal l professional news med ia can be accommodated. game. "' Both at the White House and during presidential trav And a Hood River, Oregon reporter received the sup els, there are events where the room is so small or where port of the American Civil Liberties Union in his quest to the area available for press is so limited that we are forced gai n ad mittance to Hood River School Board executive to restrict the number of reporters ad mi tted . This fre sessions . quently applies to even the national networks and other As such challenges continue, it will be up to the courts to major news organizations." determine whether student journalists are entitled to the Students will be considered for the names and nature of their publica Student passes to particu lar events involving tions. the president or vice-president if there Those interested in covering events J is room, says White House Deputy outside Washington should contact the i journalists Press Secretary Walt Wurfel. local United Press International or As 1 I Students interested in attending sociated Press bureaus or client news 1 may app ly White House press con re rences should papers not less than four days before contact: the scheduled visit. Because there have been cases in J Jo rpasses Patricia Bario which an individual asserts that he Media Liaison Officer works fo r a high school or college i The White House newspaper and is later discovered to be Washington, D.C. 20006. neither a student nor a journalist, it is a She will require all student journal good idea to bring identification and a ists to fi ll out Secret Service forms, giv letter of introduction from a faculty I ing their social security numbers and adviser or ad minist rator. 0 ------_._._----...... - �=-==----=--=-:--=-=- .. -...------.--.-..... -- - - I 38 Spring 1979 SPLC Report I same rights and privileges afforded the professional media. that news gathering is a First Amendment right. And as The courts could decide, as Oregon Attorney Ge neral Red To m Wicker of the Ne w York Times has noted, "If courts den has , that "the school newspaper could serve as a learn can rationalize themselves into upholding administrators ing tool if it contains nothing save the reporting of sports who quash anybody 's First Amendment rights, then every resu lts, times and places of meetings and other news of the body 's First Amendment rights are to some extent en school ."'l But it is more probable that they will recognize dangered . "0 :1 " ,I I . 1 I j Footnotes ! I. Branzburg v. Hayes, 408 U.S. 665 , 727 , (Stewart, J., dissent COMPo LAWS § 767 .5a (1968); MINN. STAT. §§ 595 .021-.025 ing). (Cum . Supp. 1977); MONT. REV. CODES ANN. §§ 20-1-12.1 ·r (Supp. 1975); N. D. CENT. CODE § 30-0 1-06.2 (1976); OHIO REV. I 2. Tinker v. Des Moines Independent Community School Dis " .! CODE ANN. § 2739. 12 (Page 1953); OR. R EV. STAT. §§ 44.510- trict, 393 U.S. 503 (1969); Papish v. Board of Curators, 410 U.S. .540 (1973); PA. STAT. ANN. tit. 28, § 330 (Purdon Cum . Supp. 667 (1973); See also cases cited in footnote 18 below. 1977); TENN. CODE ANN. § 24-1 13 (Cum . Supp. 1976) . 3. Branzburg v. Hayes, supra, n. 1. 16. Opinion No. 7735, March 16, 1979. 4. R.I. GEN . LAWS, §§ 9- 19. 1-1 to -3 (Supp. 1975). 17. See 37 Op. Atty. Gen. 1414. I 5. ILL. ANN. STAT. ch. 51, § 111-1 19(5mith-Hurd 1977). 18. Sa Bayer v. Kinzler. 383 F. Supp. 1164 (E.D.N.Y. 1974 ). ! 6. N.J. STAT. ANN. §§ 44 .5 10-.540 (1973). aff'd 515 F.2d 504 (2d Cir. 1975); Gambi no v. Fairfax Co unty i 7. IND. CODE§ 34-3-5 (Supp. 1975). School Board , 439 F. Supp. 731, aff'd 564 F.2d 157 (4th Cir. 1977); Joyner v. Whiting, 477 F.2d 256 (4th Cir. 1973); Bazaar v. I 8. LA. REV. STAT. ANN. §§ 45: 1451-1454 (West. Cum. Supp. i Fortune, 476 F.2d 570 (5th Ci r. 1973), modified 489 F.2d 225 1976). I (1973); Lee v. Board of Regents, 306 F. Supp. 1097 (W.O. Wis. 9. N. Y. CIVIL RtGHTS LAW, § 79-h (McKinney 1976). 1969), aff'd 441F.2 d 1257 (7th Cir. 1971). r 10. N.M. STAT . ANN. § 20-1-12.1 (Supp. 1975) (emphasis 19. Rules Governing Periodical Press Galleries, U.S. Govern " i1 added). .! ment Printing Office 34-340h . :1 :1 11. N.Y. CIVIL RIGHTS, supra, n. 9; MD. CTS. & JUD. PROC . 20. Consumers Union of U.S., Inc. v. Periodical Correspon CODE ANN. §9- 1 12 (1974) . dents' Association, 365 F. Supp. 8 (1973), 515 F.2d 1341 rev 'd ,I.. (D.C. Cir. 1975). 12. DEL. CODE tit. 10 §§ 1320- 1326 (1974). 21. Ibid. 13. OKLA. STAT. tit. 12, §§ 358-. 1-.3 (1976). 22. See Sherrill v. Knight , 569 F.2d 124 (D.C. Cir. 1977) . 14. Silkwood v. Kerr-McGee, 563 F.2d 433 (10th Cir. 1977). 23. Ibid. 15. ALA. CODE tit. 7, § 370 (1958); A LASKA STAT. § 09 .25.150 School Book Protest a Burning Issue, Los Angeles Times, (1973); ARIZ. REV. STAT. § 12-2237 (Cum . SUpp. 1975-76); ARK . 24. June 3, 1978, p. I. STAT. ANN. § 43-917 (1964); CAL. EVID. CODE § 1070 (West Cum . Supp. I 977); Ky. REV . STAT. § 42 1.100 (1970); MICH. 25. Opinion No. 7735, supra, n. 16.0 i )11 'J . , 'j t SPLC intern opportunities i . ' This SPLC Report was produced entirely by a team of lastic Magazine in Englewood Cliffs, New Jersey. A native ! st udent interns working out of offices in Wa shington, DC. of Portland, Oregon, he will begin law school in August. Two interns wo rked on the spring Report staff. The Student Press Law Center offers internships during each school semester and during the summer for high Lisa Najavits, 18, is an early graduate of Metuchen school, college, and law students interested in journalism (New Jersey) High School, wh ere she served a term as or law. editor-in-chief of the student newspaper Bulldogs Bark. Interns resea rch and produce the SPLC Report, handle She will enter Barnard Co llege this fall. Funding for her requests fo r information on student press rights, assist the internship was provided by the Gannett Newspaper Director in lit igation by providing para-legal suppo rt, and Fo undation. pa rticipate in the Center's fundraising activities. The i David Danner, 23, is a graduate of Co lumbia University, Ce nter provides its interns with stipends. Academic credit I where he was a staff member of the Daily Spectator and is sometimes available. I was contributing editor of the Columbian yearbook. He Interested students are encouraged to apply to: The I has worked for the sports department of the Portland Ore· Student Press Law Center, Room 1112, 1750 Pennsylvania :j I!t gonian and mo re recently was house organ editor at Scho- Av e. NW, Wash ington, DC 20006.0 ,! n:', p 'i ::-=-c-=--=------.--.-..-- .-.. SPLC Report Spring 1979 39 ADVISERS OHIO "At no point in Ihe process was J in formed of Ihe charges . I was promised the opportunity to respond to the alle Dr. Mu rvin Perry ousted gations , bUI was later denied that op portunity," Perry said . "I was never shown the official report or given any as Kent State j-school chief reasons when 1 was told that I wou ld not be reappointed." The 15-year director of t he Kent Perry said, ciling an article on a pla Perry appealed Ihe decision to un i State University School of Journalism, giarized Ph .D. d issertation and a piece versity officials. The Board of Trustees Dr. Murvin Perry , charged that he Lost that criticized a $20,000 expe nditure 10 allegedly granted a five-minute h ear his job in January because Ihe univer� hire a consultant in the search for a i ng . wh ile t he university president re sity administration wants restrain 10 new u niversity president. fused a fo rmal hear ing and would only the Kent Slaler from publishing Perry claims to have documentati on Daily listen to a brief summation of Perry's abrasive articles and because he re reveali ng the administrat ion's desire 10 constil utional arguments. fused to comply with "strong urgings" have him replace Frank Ritzinger, the There is a "good possibilily" that that he replace the paper's adviser. Ken t Slaler adviser since 1971 . The Perry will take legal action agai nst the Perry said h� was never given a c hance " university wan ted 10 ta ke n o overt ac universi ty. to defend himself or appeal. " tion towards the paper, so it tried to "The ad miniSl ration has consistent Neither the Dean of the College of su ppress th e Ken t Stafer through ly refused to address my record here." , Per ry. Fine and Professional Ar ts H arry he said . En rollment has increased ten Ausprich , nor Schwartz, the Last September Perry was reporledly Michael fold and two School of Journalism ac ademic vice president, would com placed summarily under administrative programs have been approved by the ment on the dismissal to SPLC Report. review by the dean of the College of Council of Journalism in America. ac "I've frequently had problems with Fine and Professional Arts, who had cording to Perry . " Beyond this. I have minor administrators regarding con been on campus four days when he ini the outstanding supporl of journalism tiated Ihe action. troversial things in the Kent Stater, " profess ors. alumni and the majority of fa culty and students." He claims the WISCONSIN university president used a form letter ------,- to respond 10 the "nood of letters" Fired adviser awarded $22,500 senl on his behalf. The termination of the directorship The Union Grove (Wisconsin) High sure from students. local press and sev is effective July J. Per ry was offered a School District agreed April 2 to pay eral scholasti c press organizations . (See pos ition on the leaching faculty, which $22,500 in damages to James Eng SPLC Report 5.) Engmann con tacted he declined , preferring to take on the mann, who was terminated as adviser his union attorney, Michael Stoll of the chairmanship of the mass communica to the Union Grove High School Bron Wisconsin Education Association, who tions department at East Tennessee co Times in 1977 after he refused to filed a federal lawsuit in U.S. District State University in Johnson City. censor Ihe student paper. The settle Court in August 1977. Meanwhile , the adviser 10 the Daily ment also requires the school di st rict 10 Engmann, who had been journalism Ken l Stoler barely escaped a similar remove all adverse non-renewal refer instructor at Union Grove since 1973, fate . Frank Rit zi nger said he was up ences from Engmann's personnel file describes his years there as "a running for tenu re this year and in mid -March and add a non-adverse employment battle to see who controls Ihe studenl learned thaI, for lack of a Master's recommendation. press. It just came 10 a head after four degree, he would not receive tenure. A "It feels good to have it all over," years." Union Grove administrators month later, the decision was re Engmann said of the out-of-court set declined comment on the sett lement . tracted. His case will be re-reviewed in tlement . "At last my wife and I can go The school board has since dropped the fall because a procedural error did on living our lives and put Union journalism from the school curricu not allow him su fficient time to as Grove H igh School behind us." He is lum, but ad ministrator James High semble a documented pro-tenure argu now a Master 's degree candidate at the land says that action was unrelated to ment. University of Wisconsin-Milwaukee, the Engmann lawsuit or any censorshi p Ritzinger said, "I fi rmly believe it's whe re he is wri ting a dissertation on the cont roversies .•, We dropped it beca use because of my handling of the newspa Fi rst o\mendmentrights of students. not enough students signed up for it. per. The administration is violently Engmann was notified that his con· Board rules stale that at least 18 stu .a nti-co\lege press . I guarantee I will tract would be terminated in March dents must be signed up for an elective never get tenure because if I get a Mas 1977. The school board 's notice made to j ust i fy its place in the curriculum. ter's degree, the ad ministration will at specific reference to the student news· Last year only 13 signed up." tribute the dismissal to 'professional paper's use of the word " pissed " in a He anticipates that the paper will be development' .. or some other abstrac headline . which it said " brou ght disre revived by nex t year , however. "ll is t i on. pute upon the school system. " on the agenda as a curricu l ar aC livity." If he fails to obtain tenure, his con The board had earlier taken action The board has not chosen a new advis tract will expire in June 1981 . He will to fire the Bronco Times student er, but Highland says he will be a pre "very definilely" take legal action if ed itor, bUI tabled the idea under pres- sent member of the faculty. 0 denied tenure. 0 40 Spring 1979 SPLC Report ADVISERS COU RTESY IHE RECORD. BERGEN�OUNTY. NEW JERSEY NEW JERSEY Ex-adviser loses tenured teaching post "I'm t he whipping boy . The admin tion of articles critical of school offi enrollment. "A reduction in force has istration can 't whip the kids so they cials and addressing such t opics as been going on for three years, with ten whip me." So said Bill Downs. who teenage pregnan cy , marijuana and co teachers in the district being cut this lost his teaching post at Pascack Valley habitation. Last year he became the year. We go by seniority . All the non Regional High School (Montvale. New only teacher in the school's history not tenured teachers are already gone. " Jersey) in March, less than a year after (0 have an ext ra- duty contract re Saxe makes no secret of his dissatis the Pascack Valley Board of Education newed . " Many teachers have said that fa ction wi t h Downs, however. "He axed him as adviser to the school news I'm being fired (now] for what I did was not putting out a quality pU blica paper. with the newspaper, " Downs says . lion . No subject is taboo and J do not Downs, a tenured teacher, had ad Pascack Valley Principal Morris censor the paper or see any articles be vised the Smoke Signal for four years, Saxe denies this and attributes Downs' forehand. but J expect topics to be well during which time he allowed publica- dismissal to budget cuts and declining continued on page 42 SPLC Report Spring 1979 41 ADVISERS INDIANA Adviser asks $65,000in tenure displlte An Indiana high school newspaper not check to see if the writer of the let adviser has filed suil in U.S. District ters did not base his opinion on fact." Court , charging that her principal "The principal Neison objected to the nole. saying withheld a recommendalion of tenure had directed the adviser thaI such research "would be a ful l for her in retalialion for what he consi lime job." dered "an overabundance of negativ 'to develop One letter complained thal the ad ism " in the newspaper. a more positive ministration did not award the $100 Terri Nelson, adviser to the York approach.' " promised for information leading to town High School Broadcaster since the apprehension of a vandal. II Ques 1974, has asked for $65,000 in damages tioned whether it was worse 10 vandal from Principal James Laws. She claims ize Ihe building or to lie about the that since October 1978 Laws has sent refuse to recommend tenure in October award, which, according to the letter, her at least len written reprimands and 1978, after Nelson had allowed several was never given even though the given her "a great deal of verbal cen students to withhold their names vandal had been caught on in sure" for allowing students to publish from letters to the editor critical of Ihe formation from a student. Laws claims articles and anonymous letters to the administration . After Ihe letters were the slUdent refused the money. editor critical of the school administra published. Laws demanded that Nel Another letter censured and refuted the tion. son reveal the students' names. Nelson administration's announcement that it The suit also asks the court 10 per refused to disclose them. however. was entitled to search locked cars in the manently reslrain and enjoin Laws conlending that to do so would curtail school parking lot . from "atlempting to censor, impose Ihe sludenls' constitutional righls to Nelson said she had always offered prior restraints on, or otherwise dictate expression. the administration "equal space" to what is and is not published in the In November, Laws delivered Nel respond, an offer which the principal Broadcaster" and to order him not to son a note reprimanding her for the continually declined. harass Nelson or refuse 10 recommend "negalivism" in the newspaper and In a later memo Laws voiced his dis renewal of her co nlract because of her "directing [her) as the adviser for the approval of Nelson's use ' 'of I he teach unwillingness to censor the newspaper newspaper 10 develop a more positive ers' lounge as a place to continually or reveal the names of student leiter approach by the Sludenls." complain and air her views," writers. The next month Laws sent Nelson a The nOle also accused Nelson of mis Laws denied that he intimidated Iypewriuen memorandum citing eight handling newspaper office machinery. Nelson in any way or thaI he allempted articles or lellers 10 the editor which he resulting in costly repairs. Laws laler to censor the newspaper. "I have a lot said demonstrated "a lack of direction recanted on this point when a type of respect for Mrs. Nelson and she on the part of the adviser, resulting in writer repairman told him that such re does have some very fi ne qualities in an overabundance of negativism in Ihe pairs were needed because of the her teaching. But based on what I have newspaper. " He directed Nelson to machinery'S old age. observed I could nOI in good faith jus verify all facts in su bmilled letters and In a December 15 evaluation of her lify recommending tenure." noted that, "The editor (adviser) work Laws concluded that, "based Laws had first told Nelson he might would be remiss in his duty if he did upon what I have observed during these firsl few months of school Ihis year, I could not in good failh justify Ihe recommendation of tenure for Mrs. Ex-adviser loses, tenured post Nelson. " continued/rom page 41 size came afler he was removed as ad Nelson filed suit in February with fi researched and nOI jusl emotional out viser to the Sm oke Signal, and that stu nancial assistance from the Indiana bursls. " dents were ready 10 stage a waikoul Slale Teachers Association, reportedly NOI everyone accepts Saxe's apprais when they learned of the school the first time that organizatio n has so al. Under Downs' direction, the Smoke board's aClion. a,>sisted a leacher still on the payroll. Signal moved from third to first place Saxe acknowledges Ihe students' She told SPLC Report, "This is some in the Columbia Scholastic Press Asso supporl. of Downs and finds il "dis thing that might have been happening ciation rankings. The Bergen County turbing" that they were salisfied with 10-15 years ago, but [ can't believe it's ( N . J.) Record commented that what he termed a "poor pUblication ." happening now. I may be idealistic, bu t "Downs' ouster was just another Bul he refuses 10 lake all responsibility if I'm going 10 go ou t, I'll go out fi ght round in a continuing conflict over ed for Downs' dismissal, saying that even ing for the principle." itorial control of school newspapers." if he had approved of Downs' per Laws refused to comment on the Downs rejectsSaxe's conlention Ihat formance the school board would have pending suit to SPLC Report except to declining enrollment was a factor in Ihe removed him anyway. "The superin say that he is optimistic about his de school district's action. He claims that tendent was convinced he was doing a fense. He reiteraled, "I never at the only drop in his journalism class lousy job. "0 tempted to censor. "0 42 Spring 1979 SPLC Report ETHICAL ISSUES Editors pus11 Playboy up against the ivy wall When Playboy magazine pholo The Brown Daily He rald ran the ad grapher David Chan visited the Ivy "to let people make up their own League campuses las I winter, he re mind." ceived the same mixed welcome he has Only the Harvard Crimson declined come to expect at colleges. to run the ad. and il devoted several While more than a hundred women columns of pri nt to explain why. A De at each school came to his hotel room cember 2 editorial said, "The Crimson to pose, hundreds of others came to rejected the ad because the paper picket, and amid all the controversy, thought the ad would have been aiding editors of the Ivy League student news Playboy in its search for a pictorial papers found themselves in the rather that will degrade Radcliffe women and uncomfortable position of deciding women in general, further enforcing whether or not to run Chan's adverlise sexist attitudes. Our point is simply menls inviting Ivy women to audition. that The Crimson does not want to be party in any way to Playboy 's exploita Newspaper editors at Columbia. ti ve tactics ... Brown, Cornell, Dartmouth. Pennsyl A dissenting opinion appeared three vania and Yale all decided to run days later which read , "This is not re Chan's ad, bUI none did so without lentless, structural exploitation; il is an comment or controversy. offer, easily ignored. The argument At Princeton, where Chan was met that this papershou ld be the presumed with demonstrators, the Daily Prince champion of the women of Radcliffe, fonian ran the ad "in order to allow protect them from having to make freedom of choice." seamy choices, is a role that certainly The Yale Daily Ne ws editorial board had no parallel in previous cases of ad voted not to run the ad. only to be vertising policy." overruled by publisher Thomas Kelly. Chan was reporledly de lighted with COURTESY PLAVBOV MAGAZ INE The ad finally ran beside an editorial the attention he received at the col Playboy pho(ographer David Chan: urging women 10 stay out of camera leges. "I always have the best results in delig hted with allen/ion shot. a small community." he says . 0 nEfilICTS: .,---... - W ISCONSIN 1<.,.- -.,_.- 1�---.,.... _0... ___ _ -. ___.. __ en _ _ A ___ _ 4u..::=-- Daily Cardinal stands up ------.-.- to contraceptive ad ban The University of Wisconsin Daily cember with an editorial denouncing Cardinal has successfully challenged a the law. state statute banning contraceptive ads "A statute that not only flagrantly in print media. restricts print media ad content but Last fall the paper ran an ad for En also unconstitutionally abridges citi care Oval, a new spermicide, unaware zens' right to know ought to be re '-, 0.>-- ,,_,__ • of the statute's existence. The pro pealed," stated the editorial. ------. � ,. ---_...... -_ ....__ . duct's agency warned them of the law In January, Wisconsin Attorney ..e;== ._" after the University of Wisconsin-Mil General Bronson La Follette issued a ��- The most IaIed waukee Post refused to publish the ad . formal opinion stating that the law was The Daily CardifUJl obtained the unconstitutional. La Follette ciled a aboutCOldt� supporl of the American Civil Uberties 1977 U.S. Supreme Court decision that shcettie� Union, and fac ing a possible $250- struck down a New York statute which Contraceptive adsare no longer $500 fine and the opposition of some banned Ihe advertising of contracep banned fr om the University of fa culty members, re-ran the ad in De- tives.O Wisconsin Daily Cardinal SPLC Report Spring 1979 43 ETHICAL ISSUES NEW JERSEY Paterson College registrar upset with brawl coverage He got drunk and threw a glass of buted to named sources and each alle wine at his drinking partner. When the gation triple-checked with head offi companion retaliated with a mug of cials, witnesses, and pub employees beer, he went on a rampage, throwing and managers, Mills said. things and trying to strangle him. And "Evangelista would make no com when t he school newspaper wrote ment before the article was published about it, he demanded a retraction and but was more than willing after the ar the name of the article writer, in timat ticle appeared. He is under the belief ing that he would consider taking legal that things said about him he did not action . do. I think he was too drunk to remem The "he" is William Paterson Col ber," she added, mentioning that she lege registrar Mark Evangelista and the was present at the melee. episode is the Beacon 's version of a In fact, as night manager of the stu February brawl in the student center dent center, Mills had to write the offi pub. cial Student Center report on the inci Beacon editor Judy Mills said it dent. Evangelista called her report :III-literate slogans removed "hurt us to [publish it) but we have to "opinionated" and demanded that it to avoid illfe elings do our job." Originally unsure of be rewritten to include only the facts. whether or not to print the article, she Mills revised the account. NEW YORK contacted Mike Simpson of the Stu dent Press Law Center, who advised In her role as newspaper editor, Staff avoids her that the incident was newsworthy however, she did not accede to Evange and deserved fair coverage. But Bea lista's demands. She refused to run a 'bad impression ' con adviser Herb Jackson called it retraction and reveal the author of the The staff of the Saunders Trade and "just another barroom brawl" and Beacon article, saying it was a "staff Technical High School newspaper re s uggested t ha t the s tory res t. effort." Mills reported that Evange moved the dictum "A House Divided "So we had to find a good angle," lista "harassed the news editor for a Against Itself Cannot Stand" from its Mills explained. "Finally we learned full fifteen minutes" to try to obtain December /II-literate cover when the that because a faculty member was in the author's name. principal objected to the "bad impres volved, an investigation into the inci When contacted by SPLC Report, sion " the phrase would create. dent was underway to give him the ben Evangelista refused to comment except efit of the doubt. That's how we to call the incident a "misunderstand The saying would have appeared handled it ." ing." "There is no controversy as far above a photograph of the school be Every fact in the article was attri- as I'm concerned," he said. 0 ing chiseled into halves by hand-drawn figures sitting on either end of the roof. The illustration remained on the cover, NEW JERSEY leaving a one-inch white strip un der the /II-literate masthead. The cover illus Self-censorship in Tenafly trated an article that discussed the po larization of trade and technical stu The course evaluations Tenafly (New no longer be able to advise if the staff dents at Saunders. Jersey) High School's Echo worked did not acquiesce. live months to produce were relegated At least one of the three who voted Principal Reginald Marra said he to the trash can when the question of down publication did so for fear of los "met with the newspaper staff and printing them faced the paper's editor ing the advisers, Moscovitz claimed. sponsor [adviser] to discuss what the ial board in January. The American Civil Liberties Union newspaper was trying to do. Eventually The 3-2 decision came after adviser of New Jersey had previously judged they understood that I didn't want the Robert Mulholland urged the staff to the course evaluations "innocuous and newspaper to do something to harm scrap the article because of the poten totally devoid of any libelous interpre the reputation of the school. There was tial for libel suits and the "simple un tation ." The SPLC had similarly ap no 'controversy' as the decision was fairness" of publicizing the informa praised the article, whish was based on based on a consensus of the staff and tion . the results of a formal poll and student sponsor," he said . According to an article by editorial and teacher interv' iews. Robert Rynolds, /II-literate culture ed itor Harry Moscovitz, Mulholland Despite this reassurance, the staff editor, agreed with Marra, saying that told the staff that "there was a decided not to publish the evalua no one objected to removing the phrase chance" he and his co-adviser would tions.D after the principal met with the staff. 0 44 Spring 1979 SPLC Report ..-- _ .. . ------_ ..._-_._--_ _._-_._--_._._ .._ -.•_-_ ... _------_._--_._- _ ....- - --- ...... _- YEARBOOKS - · · ·· · · ··-······-- --. _-._._-_._--_-·-- _ . · · · . _-.-. _ . . 0'==== KENTUCKY FBI probes photography kickbacks The Federal Bureau of Investigation the money is used on ot her school proj has begun looking into alleged illegal ects and is not returned to the year kickbacks that school po rtrai t photo book budget . Because of this, he says, graphers have been paying to Louis some schools charge students more ville (Kentucky) area high school prin than 75 per cent over the act ual cost of cipals in return for school yearbook "The Louisville the yearbook. "The students are get ting ripped off," he says. portrait contracts. Co urier-}ournal However, Rice cited fi gures to show Usually a photographer shoots all reported that that because the photographers re the student photographs used in a year turned a portion of their profits, the re book free of charge and earns his some principals tail price of t he yearbook was red uced money by selling copies of those photo have accepted fro m $17.50 to $12. "That's typical for graphs to students and their fa milies . televisi on sets, most high schools," he says. Under the kickback arrangement, how Two years ago a Jefferson County ever, photographers bidding on such free meals, cameras grand jury advised the school system to contracts must agree to pay back to the and firearms." order an end to the kickbac ks, but the principal a percentage of those profits. practice continued until this year. The percentages range from 15 to 50 Under a new policy, all bidding is done per cent. by the central school district ad minis The FBI believes this practice is a tration. violation of the Hobbes Act, which The FBI declined comment while the prohibits a public official-such as a investigation is pend ing. U principal-to use his office for private gai n. The Kentucky attorney general's INDI ANA office issued an opinion fo ur years ago --�-,. .�-- which cal led the kickback arrangement "commercial bribery." Adviser, salesman trade lawsuits Although principals maintain they The Indiana representative of the SPLC Report, Kennard blamed those use the money for school projects and Taylor Publishing Co mpany of Dallas, misfortunes on Kellett. "She cancelled not for personal use, the Louisville Texas, agreed to drop his lawsuit the proofs; she wouldn't let us look at Courier-Journal reported in March against Blue Ridge (Indiana) High the proofs . Now she won 't let us look that some principals have accepted School yearbook adviser Judi Ke llett at the original pictures." He refused to television sets, free meals, cameras, after the adviser served him wit h a say that he had ever promised Kellett firearms and other items in return for $1500 countersuit in small claims court ext ra books, and said his co mpany contracts. April 22. At the same time, Kellett has would gladly have offered a refund on John Arnold, a suburban Louisville agreed not to pursue legal action . the books printed upside·down. photographer, says his business has Dick Ken nerd sued Kellett for $270 When asked how that wou ld help the been hurt over the years because he has that he says she owed him fo r shipping student who wou ld then have no year· refused to offer kickbac ks to prin costs on the 1978 annual. She has re book at all, Kennerd said, "Look , 1 cipals. "It's a national scheme," he fused to pay, claiming that the year have been in this state for 20 years and says. "And it has been going on for book com pan y made numerous errors 1 've seen companies come and go. I , in the yearbook copy and broke several mllst be doing something right." years. ' agreements during production. Not according to Kellett . She says But Dr. Irving Rice, the principal of She charges [hat [he company lost she was never warned about com pany Louisville's Male High School, says several photographs, including those dead lines, therefore su bjecting her that he has never heard of principals of the entire sophomore class, and [hat budget to surcharges that forced her to receiving gifts in exchange for con those photos had to be re-shot at [he cut eight pages of color from t he book . tracts . Rather, he claims the money is yearbook's expense. Several photos She also claims that when Kennerd's returned to the yearbook budget in the were cropped incorrectly, she says, employee for her area resigned , she form of a rebate, thereby reducing the while others were turned sideways. never received notification. "We went price of the annual . "We ask the She also asserts t hat she received four or fi ve wee ks without a rep." photographers to donate a portion of only one extra book even though the Kennerd responded , "She has never, their contract to the school and that com pany promised her 15 to 20, and never been without a representative." money is used for the book. I see it as that because of the shortage, three He explained his company's lack of no different than selling candy to raise st udents were forced to purchase books visits by saying, "Sometimes you can money. " printed upside-down. visit a client 40 times a year and it's not Arnold believes that in most cases I n a telephone i nterviw wit h the enough. Other times you see them ...... _ ... _--- -_ •... _------_..•.. _ ... _------_...... _. _.- .. . SPLC Report Spring 1979 45 ------.._--._ ------YEARBOOKS ------_._------====== twice and that's too many. She never called; we never knew she needed ad vice . " Ke nnerd made frequenl visits to the Open a high school in an effon to collect the money. Kellett charges that at one time he even interrupted class an d threat Washington ened a lawsuit. When he fi nally sued, she responded w i t h a counters u it, chargi ng the representat ive with ha rassment and ask ing $1500 in damages. bureau Kennerd denies that he ever harassed Kellet t and accuses her of breaki ng sev eral appointments he had arranged. Kennerd did not learn of the coun for only $18 tersuit until he appeared in court April 22. At t he judge's suggest ion, both agreed to drop their suits. 0 Un ti l now , only commercial newspape rs could afford to subscribe to a news service . KENTUCKY But as more and more high schoo l newspapers Wo man seeks $50M report national news to their readers , there is now a service that can he lp your for book negligence newspaper find news that de als with youth A H opkinsv i lle , Kentuck y woman -- the Student Press Service . has filed suit for $50,000 against her son ' s high school , claiming that the Bob Woodward of the Washington Post yout h 's reputation was damaged calls SPS "a service that has been needed when his name appeared below a pic for years , and will provide students with lUre of a dog i n the school yearbook. informa tion which they can ge t from no Margaret Major claims her son other newspaper or magazine ." Ellis was so humiliated by the picture that he transferred to a school in A one-year subscription cos ts $18 . Washington, D.C rather than return You receive the SPS News Report every two to Christian County High School in weeks dur ing the school year , as we ll as Hopk i nsvi lle . She also alleges that special re leases when the news can 't wait. after the photo's pu bl ication, mem bers of her immediate family were The material can be reprinted, but we harassed by persons who barked at encourage you to localize the stories for family members "as if they were maximum bene fit to your readers . Finally , dogs. " SPS is a Washington bureau for your paper, The su it seeks $50,000 in damages to he lp you with stories of your own . from the Christian County Board of Education and t he Christian County Why not subscribe today? High School. A spokesman fo r the school says Major's name appeared in the year book only because of a mechanical error by Ihe printing machine. Staff (SPS) members had erased the student's name from (heir lisls after he declined to have his picture published, but an Student Press Service indentation that remained was picked up by a computer scanner and inad 1015 20th Street, N.W. , vertent ly published under t he photo of the dog. The dog photo was "ad copy" that the computer automatic Washington, D.C. 20036 ally substitutes for photos that are removed. 202/293-2872 "It was ent irely an accident." the spokesman said. No trial date has been set . 0 - ---=-----:-----:-::=-=�-=-::_____::::_"C ------.. ------.- -.------:-:: =__ 46 Spring 1979 SPLC Report AFTERWORD Darren Johnson winner of first SPLC Journalism Award Th e Student Press Law Center ispleased to announce that Darren Johnson is the winner of the First Annual SPL C Journalism A ward. Johnson is a junior at Kingsburg Hig h Sch ool (Cali fo rn ia) and the opinion editor of the school ne wspaper Vi king Voice, where this column originally appeared. Johnson credits his jo urnalistic success to "having been raised by a pack of wolves. " He lists his extracur ricular activities as . 'cruising do wn Main and participat ing in the usual Friday night rituals. " in addition to be ing a co-founder of "The A thletie Supporters of Kings burg High School, " and a member of the yearbook staff, the drama club. and the Mu Alpha Th eta hono rary math society. His winning en try appears below. � U • )" " � .:' "''t. \ .. VIKING fl'VO ICE .,. T- shirts on trial by Darren Johnson slogans may not be worn on campus. The st udent coun cil will serve as (he dress review board and will act upon Ambiguous; adj . Do ub( ful or uncertai n; capable of cases referred to it. Final authority will rest with the As being understood in either of two or more possible sis(an( Principal ." In other words, the administration is ways; equivocal. prac(ically free (0 do anyt hing it damn well pleases The fo llowing article deals with Ihe rather controver concerning what may or may not be printed on a T sial and emotional q uestio n : Can students be disciplined shirt . Addit ionally, the studenl council was not con u u or reprimanded for wearing T-shi rts with am big o s sulted before disci plinary ac tions were taken in bOlh of phrases printed on them to school? Ambiguous in the (he cases discussed in this article. sense that an obscene or sexual connotation may be The question arises as (0 whether the students' rights derived from a ph rase that a( fi rst glance seems stra ighT are being violated . KHS is not a prison (we have 10 pay fo rward and uncontrived . for ou r lunches). St udents do have a few const itutional Item: A KHS student was recently given a referral and rights, freedom of speech being one of them . Isn'l a forced to wear her T-shirt backwards under a jacket for phrase wrillen on a T-shirt an extension of the wearer's supposed ly violaling the dress code . Printed on the T personality and fee lings, thus an expression of free shire was this seemingly innocent pro verb: "Life is a bed speech? of roses, but watch out for ( he pricks . " Item: During Spirit Wee k activities anot her student The Depart ment of Health, Ed uca tion and Welfare in a handbook student righls stales: was sent home for wearing an "obscene" T-shi re 10 of school. The shirt sa id ' 'squeeze mine" and had an arrow "(A student) . . . has the righl 10 express his views, po inting 10 the wearer's ...belt buckle. eit her orally or symbolically (I hrough buttons, arm ]n both of the above incidents, there was no nudilY or bands, symbols on clothing, po litical salu tes, etc.) how obscene gestures displayed on the shirts. No "dirty" ever unpopular or cri t ical of school or governmental words. unless thy are taken OUI of context. were present. policy I hey may be ." The offend ing language, if an y, was all i mpl ied and not Compare this passage with the KHS dress code. Be stated. The phrases were, at worSl , ambipuous. ginning to get the picture? The vagueness of our dress The seclion of the KHS dress code that concerns this code gi ves lhe administration a free hand TO regulate issue is here: what we can or can 't wear, thereby violating our "Clothing with unacceptable wording or insignias or righls. O SPLC Report Spring 1979 47 non· prall' org. student press law center us postage 1750 pennsylvania ave. nw pai d rm 1112 washington. de washington de 20006 pe rmit no 45422 A TrENT/ON: Student Publication