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�' .. 1 , '." j<',KUM TH� Ul.KJ!A.:IUK: ;c',;({t , :: ':', < :< EDITOR'::" ,;, , : " " :, R. The Student Press Law Center turns ten years old in :i::. . � ,C '�staj Chlssell Hovvard Un,vers,ty October. . - WRITERS . � :- ,: ; : A decade is a long time. Kevin Chandler Jane Hess The SPLC has seen its share of lean times in that CatholIc U Law School T mple U Law School .' . decade. We've had seven Directors. We lost track of the Hayden White J. Marc Abrams C:: , addresses we've had a long time ago. We had two years Student Pro Law Cen� :r· l' when the magazine you now hold - the SPLC Report COVER ART " .. . . . ,"';- . - did not get printed. Bruce Tobin David Br<;> ' In all the shuffling, some of you may have fo rgotten director SPLC. But we never fo rgo t you. And through that J Marc Abrams '�S �;" decade we've been there all the time, helping over 3000 Corporate Board of Directors ;.t; , , .::; " . of you wi th your legal problems one-on-<>ne. We enjoy getting to know people all over the nation and help them with their fights fo r a free scholastic press. But as it was once said that the ultimate honor we can pay the unknown soldier is not to have any more like him in the fo reseeable future, the ultimate honor that can be paid to the SPLC would be to not have any more censorship.

. . ;-� That's not going to bappen until we can educate an entire generation of students, advisers, teachers and administrators at thousands of colleges a'nd secondary schools in the United States. We can't do that one-on­ Knlflhr R

; Th e Student Press Law Center The Student Press Law Center is the only national organiza­ tion devoted exclusively to protecting the First Amendment rights of high school and college journalists. The Center is a national legal aid agency providing legal assistance and '/ 0 information to student journalists and fa culty advisers expe­ riencing censorship and other legal problems. ':, . - 2 SPLC Report WINTER t 983-84 The Student Press Law Center Rep 0 rt

VOLUME 5 - NUMBER 1 WINTER 1983-84 CONTENTS:

Cover Story ...... 27 SPLC looks at studentpublication guidelines with the help of two scholars

SPLC Model Guidelines for Student Publications ...•...... 29

CoIJeges ...... 4

• Howard students support editor

• Minnesota Daily victorious • 'Taking the Pledge' offends IlIini editors • Schools fue editors in Michigan, Washington

• Meetings opened at Portland State

Advisers ...... 10

• They've got trouble, and not just in River City

Libel ...... 12

• Singing and dancing at Dartmouth • Barking up the wrong tree in Georgia

Advertising & Economics ...... 14

• Problems are spreading over whether dollars equal control

High Schools ...... 16

• Principal saves kids from themselves • Unusual tree bears interesting fruit • Montana satirist censored • School roasted at Senior Day barbecue • Pa per makes a federal case of Missouri c�nsorship " W"LL, ME. LOO,." OkAY WM£r-J WE &OU.,." � '"�.

WINTER 1983-84 SPLC Report 3 College Student Editor Battles Howard U.

Howard University has had more had previously attended Syracuse Uni­ reinstated McKnight until a trial could than its share of controversy in the versity in New York.. The administra­ be held. The judge staled that because past, including a student takeover of tion maintained that its decision was of McKnight's "failure to disclose" on the institution in the late sixties. So it not connected at all to her editorial her college application, any contract does not seem strange that 1983 will go practices and that it was common pro­ with the University was voidable. down as another year marred by con­ cedure to order withdrawal under these As to he press claim, the court flict, as administrators and the student circumstances. t fr ee suggested that the First Amendment newspaper editorclashed over the issue: McKnight's expUlsion set off angry play this case, "First Amendment protection fo r protests on campus, as students called would not come into in since McKnight was "not persuasive in whom?" fo r her reinstatement and Cheek's resig­ her allegation that Howard . was a state The difficulties experienced at How­ nation. To express their demands fo r . . ard, a predominately black. school lcr "free speech at Howard," students agency." cated in Washington, D. C. have served marched on the ad ministration build­ Just a fe w hours after McKnight was as a focal poiDt fo r debate over the ing, ronducted a sit-in and burned denied the injunction, Cheek reinstated extent of constitutional protection en­ Cheek in effigy. her as a student, 5ayin& only that "it joyed by private school students. Ever Meanwhile, McKnight too� her case was in the interest of all parties con­ since 1969, students attending public to D.C. Superior Court. Judge John cerned." Two later, the board schools and state-ehartered or state­ Goodrich issued a temporary re­ weeks that oversees publication of the Hilltop fu nded colleges have been protected by straining order effectively reinstating voted unanimously to rei nstate her as the First and Fourteenth Amendments. her as both a student and editor until a editor. However, since the guarantee of these hearing fo r a preliminary inj unction freedoms serves as a lim it on govern­ could be held Calling the dismissal a . But somehow it just didn't seem ment interference, a linding of govern­ "mighty strange coincidence" in light of desti ned that McKnight and the Hilltop ment or "state ac i n t o " must be made her articles, he ordered the administra­ would Jive bappily ever after. On e court in rde an by th o r to bring tion to "cease and desist from interfer­ MaTCh 22, the Hilltop board voted to ostensibly private institution under the ing" with McKnight's "exercise of free suspend publication of the newspaper, restrictions of the Bill of Rights. The press rights guaranteed by the First citing an approximate deficit of $25,000 courts u thus far have been rel ctant to Amendment...and her contracts with that could not be erased even if all adm n o ard lindthat the actions of Howard i ­ H w University." advertising fe es were coUected. The attributabl to the State. istrators are e Goodrich's mention of the First board ordered the Hilltop to shut down a co mp ica ed e n s In l t chain of ve t A mendme nt raised the expectations of immediately, pending an audit to detet­ nning in e i begi October 1982, HillTOp d ­ press advoc.ates who fe lt that Howard's mine the paper' s financial status. tor Janice McKnight began publishing receipt of substantial fe deral funding, articles that detailed a sex discrimina­ coupled with the fa ct that the school In fact, when the audit by an inde­ tion complaint filed against Howard's was created by an Act of Congress, pendent firm was rompleted, it showed general counsel by an attorney working might lead to a finding that the Univer­ that the HjffTOP was actually running a in that office. McKnight said that she sity was a government instrumentality surplus. At the next meeting of the came under pressure from Howard subject to the limitations of the Bill of Hi//top board, a quorum was not pre­ President James Cheek and Vice Presi­ Rights. sent, and thus a vote to restart publica­ dent fo r Student Affairs Carl Andel"SOn That excitement was dampened two tion rould not be taken. The paper had to stop covering the story because they weeks later, however, when Judge Syl­ been effectively suspended fo r the re­ fe lt that some of the accusations made via Bacon refused to issue a prelimi­ mainder of the school year. It is now by the attorney were "potentially libel­ nary injunction which would have back in operation. ous:' Gi ven Howard's private status, the scnool-as publisher of the paper­ would be responsible for its contents. and therefore liable in any libel suit brought against the Hilltop. The problems intensified late in Jan­ uary when the Board of Trustees iss ued "Policies and Procedures" fo r the Hill­ lop-one of which required the editor to submit "potentially defamatory material" fo r review by Howard's coun­ sel. McKnight sharply cri ticized the order, saying i1 "infringed on the rights of the studentsto freedom of speech:' The controversy came to a head on February I when McKnight received a telegram infonnin8 her to withdraw fr om the University. School officials alleged that the tXiitor had falsified her GarlandStillwell admission fo rm by not stating that she Students rally In support of McKnight In fro nt of Howard's administration building.

4 SPlC Report WINTER \983-84 Eighth Circuit Upholds Minnesota Daily Fee The Eighth U.S. Circuit Court of views the student opposes,then one ments were heard on June 14. Appeals, citing First Amendment would expect that they would have The Minnesota Civil Liberties considerations, reversed October II taken some action in regard to Union and a group of 12 university a Iower-court ruling that perjri}tted newspapers at the other campuses." professors each filed briefs in sup­ the University of Minnesota's The court also ruled that the port of the Daily, which is officially board of regents to withdraw man­ District Court must rectify the published by the board rather than datory student-fee support from damage done to the Daily's fi­ the university. one of its student publications. nances. Marshall Tanick, attorney The regents' controversial deci� Three former editors of the Min­ for the paper, stated that the Daily sion to change the method of the nesota Daily, the student newspaper will seek not only the reinstatement paper's funding came about after of the university's Minneapolis-St. of mandatory· fee money, but also the "humor issue" debate resulted Paul campus, had joined with one attorney's fees and all money pre­ in investigations conducted by of the paper's current editors in viously withheld under the current committees from both houses of the filing an appeal of the U.S. District system. About $16,000 has been Minnesota Legislature. Initially, the Court decision by Judge Robert refunded. regents only passed a resolution Renner. This decision accepted the The mandatory fee had previous­ criticizing the humor issue after its withdrawal of the mandatory sup­ ly contributed roughtly 15 percent publication. port as constitutional. of the Daily's support. However, on June 25, 1979, the The three-judge circuit court pan­ The timing and fact of the old state Senate Committee on Educa­ el ruled that the regents' attorneys system's reinstatement depends on tion met to discuss the issue, and were unsuccessful in attempting to the lower court's interpretation of on November 14 of that year,the prove that the funding change was "injunctive relief," and on whether Higher Education Division of the unmotivated by a controversial or not the regents decide to appeal state House Education Committee 1979 "humor issue" of the The the case to the Supreme Court. followed suit. In addition, a group Daily Inquirer, contained satirical That decision has yet to be made, of university students began to articles that offended on-and-off­ and most of the regents declined to work towards the repeal of the campus readers, including several comment on the court's reversal. Daily's mandatory student-fee public officials. University President C. Peter funding. Much of the protest focused on Magrath and Leonard Keyes, one of Finally, despite a 99-7 vote by a the pieces attacking religion, such three lawyers for the regents, simi­ student-faculty governing body to as a "mock interview" with Jesus. larly declined to comment upon keep the mandatory funding, the A subsequent apology published by hearing of the decision. regents voted 8-3 on May 9, 1980 the Daily failed to diminish the However, Daily editor Victoria to institute the refundable fee sys­ controversy, and public concern by Sloan stated that the paper's staffis tem on a one-year trial basis. The state legislators motivated the uni­ "extremely gratified with the deci­ following June 30, the Board of versity to institute a new funding sion." She believes that the issue Publications voted to file suit with system for the paper in May 1980. needed to be decided in court, the four editors against the regents This system gave students the "because the protection of free and Magrath, charging that free option of getting a refund of their speech and free press is essential expression and equal protection un­ share of the student activity fee not only for the Daily but for the der the law were violated. money used in support of the Dai­ academic community at the univer­ ly. sity as well." In issuing his judgement for the The circuit court judges ruled "It's rare that a government body District Court on Dec. 28, 1982 in that, while the regents' action may acts as flagrantly against a newspa­ favor of the regents and Magrath, have been on legitimate concern, per as the regents did in 1980," said Renner stated that the refundable "it is clear that the First Amend­ former Daily editor Kate Stanley, fee system helped to preserve "the ment prohibits the regents from one of the plaintiffs in the case, delicate balance between plaintiffs' taking adverse action against the along with former editors Jeff Gold­ First Amendment righ'ls and the Daily because the contents of the berg and Christopher Ison, and rights of the dissenters who help paper are occasionally blasphemous current Daily editor Michael Doug­ finance the Daily." or vulgar... We have here a case of las. Although the impact of the ruling mixed motives." "But we must hope the appeals is uncertain and the University says The court pointed to student court decisions will keep something it will appeal, in conjunction with a testimony at the District Court trial that extreme from happening again, similar decision involving the stu­ indicating that the regents had de­ both here and elsewhere," she dent paper at the University of clined to apply the new funding added. North Carolina - Kania v. Ford­ system to all student publications at The decision to appeal the Dis­ ham, 51 USLW 2554 (4th Cir., all campuses. trict Court's ruling was made on 1983) - it appears that the "deli­ "If the regents had truly been January 3 by the university's Board cate balance" has shifted away from motivated by the principle that a of Student Publications, which had those who would use funding con­ student ought not be forced to filed the original suit along with the trol as a mechanism to censor the support a newspaper that espouses Daily and the editors. Oral argo- scholastic press.

WINTER 1983-84 SPLC Report 5 Illini Editors Resign Early OYer 'Pledge '

The Daily IIIini, the newspaper As a result of the resignations, over 150, and a total staff between at the University of Illinois, lost 18 the younger staff moved up some­ 300 and 400. Students are employ­ staffers this spring in a controversy what quicker than expected, and, ees, and are paid fo r their efforts. which they say involves freedom of according to Maloney, the transi­ Maloney said that the require­ the press but the parent corporation tion was a rough one. ments were no more or less than says is just a matter of trying to But according to 1983-84 editor­ many similar employee agreements keep students running a student in-chief Lisa Friedman, "There's used by newspapers across the na­ newspaper. always a little drop when the new tion. The 18 staffers - almost all editors take over." Other disagreed. The Reporters' senior editors - resigned March 25 Friedman and most of the cur­ Committee fo r Freedom of the after refusing to sign fo rms required rent editors and staffers have signed Press got interested in the case. by the Illini Publishing Co. which the pledge, although Maloney said "We first heard about the situa­ would certify that the staffer was a that the IPC is back to using an tion when a reporter on the DJ currently enrolled student at the honor system. (Daily Illini) staff contacted our University of Illinois, maintaining "I think that is really what the Director, Jack Landau," explained at least a C average and taking at Board prefers," he said. "But at the Julie Wurth. Wurth is herself a least 12 hours of classes. The IIIini time they had really fe lt something fo rmer editor-in-chief of the DJ. staffers who resigned in protest stronger was needed." The Reporters' Committee ar­ included the editor-in-chief and the Maloney said that the entire IPC ranged to have University of Illi­ managing editor, and left the paper by-laws are being reviewed this fa ll nois Law professor Ronald without its most seasoned veterans. with an eye towards revision, and Rotunda represent the editors who Jean Franczyk, the editor-in-chief that is one reason the Board re­ resigned. who resigned, said that she viewed turned to the honor system. To date, however, the main im­ the requirement to sign the pledge "It didn't fe el right to ask stu­ pact seems to have been that the as something which "allowed pro­ dents to sign a statement when the new editors had a rougher rite of fe ssors to bring interests of the rule might or might not be around passage than would otherwise have classroom into the boardroom." in two months," he said. been the case, though Friedman The IIIini Publishing Co. Board, The Daily IIIini is one of the says there is no bitterness between which also oversees the campus largest university newspapers in the those who left and those who radio station and yearbook, has nation. It has an editorial staff of stayed. fo ur professors on its eight-member board. But JPC General Manager Meyer Maloney, Jr. said that the eligibility rule had been in effect fo r a year at Chimes Muted in Michigan the time of the resignations; only the requirement that a pledge be The Chimes doesn't ring as loud­ Calvin College's communications signed was a change fr om the honor ly anymore on the campus of ultra­ board then voted to suspend publi­ system that had existed. conservative Calvin College In cation of the newspaper altogether Maloney said that the change Grand Rapids, Michigan. and to replace the editors and re­ came about when several board porters involved in the story. Those Last March, staffers investigated members got upset because they editors and reporters were fined $50 claims that a college chaplain or heard that many students were sim­ each, although Essenburg is appeal­ counselor was revealing informa­ ply ignoring the honor code, and ing his fine to the college's judiciary tion given him in confidence. But that many of the staff- who under board to protest the way in which when they tried to get the fa cts, IPC rules must be members of the the case was handled. they "found a lot of hesitation on student community - were in fa ct When the newspaper next ap­ the part of the administration to not enrolled in the university at all peared on campus, most of the discuss it," according to fo rmer and in some cases had not been fo r names on the masthead were new. Associate Editor Keith Essenburg. some time. According to one fo rmer staffer, the The Ch imes' editor, Ron Ludema, IPC Board Chairman Gene current editors are "a lot more then wrote an editorial asking Gilmore said that the purpose in compliant. The paper pretty much "Why had we been stonewalled?" requiring a signed pledge was "To prints what the administration get rid of people who look upon the College president Anthony Die­ wants." IIIini as sort of a clubhouse and kema instructed Ludema not to run Although the college may have spend a great deal ' of time there. either the editorial or the stories, gotten its way with The Chimes, The way they do this is sign up fo r but after a 7-to-5 vote by Chimes there is one happy outcome. Editor 12 hours of classes, but at the last staffers, the article, the editorial and Ron Ludema is now a stringer fo r minute they drop a class. It keeps an "open letter to the President" the highly respected Grand Rapids younger staff fr om moving up." ran in the March 4 issue. Press.

6 SPLC Report WINTER 1983-84 ElI

WINTER 1983·84 SPLC Report 7 North Dakota State University Paper Survives Furor Over Edit

Most members of the North Da­ teacher should first be processed on them, nor do they expect any kota State University community through administrative channels bea priorrestr aints in the future. a fo re being allowed to appear in the would like to forget bout it. The In February, the Board of Stu­ Spectrum adviser, countered that new editor of the student newspa­ dent Publications voted 3-2 not to while one should go through the per doesn't want to fo llow up on it. reprimand Haakenson, and the is­ established procedures, that should But a lot of �ple still want to sue was apparently laid to rest. As not preclude students from express­ know the story behind it. Board member Hoops explained, "It" was an editorial printed in ing their opinions in a public forum "One does not die from an editori­ the NDSU paper, the in such as the newspaper. And Sp ectrum, Spec­ a1. One dies from a heart condia staff members say that no January of this year. Written by trum tion." graduating editor Dave Haakenson, restrictions have in fa ct been placed the story attacked the grading prac­ tices of Donald Myrold, an asso­ ciate professor of business and James Madison U. economics. Haakenson wrote that Myrold and other instructors "con­ sciously and willfuJly cheat students Advertisers Sue Humor Mag out of grades and give away grades." The editor also stated that When Rick Dejarnette, a student this type of publication, and that Myrold had a policy that "if a at James Madison University in they were misled by the editor. If student smiles at him. ..or is gener­ V irginia, published his humor mag­ the Manifesto were distributed, the ally friendly to him," the student azine, he thought he might run into advertisers claimed, their business­ would receive a higher letter grade. trouble trying to distribute the pub­ es would suffer irreparable harm To many, such accusations lication on campus. What he didn't because of their connection with an would not constitute earth-shatter­ fo rsee was that some of his adver­ "obscene" and "pornographic" ing news. But two days after the tisers would go to court to prevent magazine. editorial appeared, and just minutes him from distributing it at all. Dejarnette contended that he after administration officials or­ Dejarnette printed his first issue infonned all the advertisers that the dered the professor to stop his of the Humorist Manifesto in mid­ publication would be a "humor unfair practices outlined in the sto­ March and sought assistance from issue" - hence the magazine's title ry, Donald Myrold died of a heart an on-eampus organization to hand - and he speculates that James attack, The campus was hurled into out the magazine. The James Mad­ Madison U ni versity administrators a state of chaos as some fa culty ison student paper, The Breeze, may have persuaded the businesses members blamed Haakenson fo r caught wind of the contents of the to go to court so that distribution the 52-year-old professor's death, Manifesto and contacted the Stu­ would be effectively halted without despite the fa ct that Myrold had dent Press Law Center to find out the administration resorting to long suffered from a serious heart about the First Amendment rights some fo rm of censorship. condition, of underground newspapers, think­ into An investigation the matter ing some type of controversy might Rather than endure a long court and was conducted Haakenson pre­ develop because of the magazine' s battle, DeJarnette and the advertis­ sented written statements of stu­ use of " fo ur letter words" and sex­ ers decided to negotiate. The con­ dents who confirmed Myrold's ually explicit comics. When The flict was settled when Shoney's, unusual grading sy stem, Although Breeze a mbe article appeared, nu r Dod and Coors agreed to pay fo r minor inaccuracies there were in of advertisers who had bought sub­ the ad space, and to partially defray the eilitorial, H. Ray Hoops, vice stantial space in the Manifesto re­ the cost of reprinting. president of academic affairs, con­ fu sed to pay until a hearing fo r a cluded that the "thrust" of the preliminary injunction could be As fo r the future of the Manifes­ accusations were true. held. to, Dejarnette says now that the As the controversy continued. The companies maintained that issue bas received so much publici­ concern was expressed that the inci­ when they bought their ads, they ty, a number of advertisers have dent would be used as a vehicle fo r were told by Dejarnette that the decided to pull out. Rather than prior review and censorship of the magazine wo uld be much like a relying solely on advertising fo r the paper, especially of articles critical traditional student paper such as next issue, Dejarnette is consid­ of the faculty. Some professors ar­ The Breeze. They stated that they ering selling the Ma nifesto to pay gued (hat student criticism of a "did not subscribe to or support" fo r production costs.

8 SPLC Report WINTER 1983-84 Washington State:

Editor Fired Over

Paper's Politics - ·A&,..�t)ON "lL RIl;t.ns- It took a lawsuit filed in U.S. '1E WHO OtTER District Court by the ACLU, but administrators at North Seattle - HE Il.£ . Community College are finally talk­ ing to Michael Cosgrove. Cosgrove was fired as editor of the student newspaper Polaris on November 9, 1982 by the student­ facuJty Board of Publications after printing a Veterans' Day story with headlines and graphics depicting --..... T£U. US �, IN 1'MI. UttAL.oc.! .. the "Horrors of War and Those Who Waged It." The illustrations At Press Time: showed the figure of Death standing over a field of dead bodies. Portland State Opens Meetings The Board of Publications said that Cosgrove was relieved of his Portland State Univers ity apparent­ pute with the University has been a position for violating the Code of ly believes students do not have the costly one for the paper. Former Ethics of the American Society of right to know how the University Vanguard Editor, Steve Mayes, Newspaper Editors. In addition to decides to spend mandatory student sought the help of a Portland law being upset over the Veterans' Day fees.e Th University has closed firm to present the Vanguard's case article, the Board of Publications meetings of the Incidental Fees to the University. Unaware of an was also angered by an editorial Committee to student reporters. Oregon Jaw requiring Attorney cartoon in the same issue which This student board dispersed $1.6 General approval before obtaining depicted the Polaris' adviser as a million in mandatory fees last year. outside counsel, Mayes retained the censor. Reporters of the Portland State firm. The paper now has a $750 Cosgrove feels that the Board Vanguard have made numerous legal bill. fired him because of his politics. He requests to attend the meetings. Kelly contends the University views the Board as being too con­ The University's Assistant to the was fully aware that the Vanguard servative for the viewpoints he ex­ President for Legal Affairs, Michael was see1cing legal aid but at no time pressed. A. Com, claims that the meetings informed the paper of the law. "If my politics had been similar­ are not subject to the Oregon Public Kelly said that outside counsel is ty rightist, there would have been Meetings Law. needed to present the paper's posi­ no problem," he said. "We felt it best to leave it to the tion. Cosgrove is not asking to be good judgment of the chairpersons "We can only reach a reasoned reinstated as editor of the Polaris, and the committees to decide who and responsible conclusion to this but he is demanding back pay should attend their meetings," Com dispute if we can act with the changes in the relationship between said. "Committees have made benefit of outside legal counsel," the Board of Publications and the judgments as to whether their work she said. Polaris so that editor,) of the paper would be helped or hampered by The St udent Press Law nCe ter will have more independence. Cos­ attendance by other persons." has contacted the University and grove also is asking for $5,000 in Vanguard editor, Carla Kelly, informed it of the "purpose and general damages and $25,000 in contends the Meetings Law gives spirit of the law." The University punitive damages in his suit. reporters the right to attend Inci­ has yet to comment. Before the suit was filed, little dental Fee Committee meetings. progress was made towards resolv­ "Oregon's Open Meeting Law (Editor's Note: The Student Press ing the problems at the Polaris. has granted the news media a qual­ Law Center WQS notijied on Novem· Since the March 30, 1983 filing, ified statutory right of access," Kel­ ber 23rd, in a letter from W. T. however, representatives of the col­ ly said. "We merely wish to take Lemman. the Vice Chancellor for lege have been meeting with Cos­ advantage of this right, and fully Administration of the Oregon De· grove and his ACLU lawyer, and. inform the student body of PSU of partment of Higher Education. thai according to Kathleen Taylor, Exec-­ decisions being made concerning meetings of the Incidental Fees utive Director of th e ACLU of student money." Commiflee are now open to the Washington, the case probably will The Vanguard's year-long dis- public.) not have to go to trial.

WINTER 1983-84 SPLC Repon 9 Advisers Advisers Up hold Free Press Righ ts

In what may become an impor­ person's exercise of constitutionally controversial stories, saying "a tant ruling fo r many high school protected rights. teacher's expression might not be newspapers, the U.S. 9th Circuit The local school board con­ entitled to protection if it impeded Court of Appeals bas asserted that tended that the action was based on the teacher's proper performance of a principal's prior review of '�a a number of independent grounds, his daily duties in the classroom," number of sensitive articles fo r including Nicholson's "failure to and that "the conduct fo r which accuracy," does not infringe upon follow school rules ...car elessness in appellant seeks protection did in­ adviser's First Admendment right not acquainting himself with school volve questions of supervisorial to protect the free speech of his procedures... and total disregard discipline, loyalty and harmony students. fo r the principal's instructions." among coworkers." Don Patrick Nicholson, a journa­ ./o 'parently, Nicholson previously In reaching out to comment on lism teacher and adviser of the j fai led to comply with school the prior review issue, the 9th Cir­ school newspaper at California's record-keeping requirements, and cuit's statements suggest that it will Torrance High School fr om 1968 - had not enforced various other fo llow the lead of a fe w other 1970, lost his appeal in a suit school rules. appellate courts which have upheld against the school board that did The appellate court's ruling the practice of administrative not renew his contract. The court upheld a lower court decision screening. But these court decisions ruled that Nicholson fa iled to which fo und that the school board have usually allowed prior review prove both that his press-related had acted within the proper bounds only in a fe w specified circumstanc­ activities constituted a "substantial of its authority, and that "first es, such as when the material is fa ctor" in the nonrenewal decision, amendment considerations did not potentially obscene, libelous, or can and more significantly, that those motivate the decision not to rehire be shown to be "substantially dis­ activities were constitutionally pro­ the appellant." ruptive." In addition, the courts tected. In its 12-page opinion, the 9th have typically stressed a need fo r The school's paper, the To rrance Circuit Court observed that the schools to create proper guidelines News Torch, had published a num­ consitutional rights of high school fo r such screening to restrict the ber of articles on controversial top­ students "are not coextensive with power of school administrators. ics, inlcuding minority unrest in those of adults and may be mod­ On the other hand, at least one the community, student relations ified or curtailed by school policies circuit court has declared that ad­ with local police, and the school's that are reasonably designed to ministrative prior review of public treatment of student Fifth Amend­ adjust those rights to the needs of school student publications - like ment rights. Members of the fa culty the school environment. government review of commercial and administration reportedly were "While appellant properly publications - is unconstitutional. displeased with some newspaper stressed the value of a fr ee press," Prior to the Nicholson case, the content, and Nicholson was told the opinion continued, "the school 9th Circuit had not definitively that future articles were to be sub­ principal also was acting within ruled on a public dispute involving mitted fo r review by the school's appropriate bounds when he em­ prior review and a publication ad­ principal, Dr. Ahee. phasized the concomitant need fo r viser's First Amendment rights. Nicholson claimed he was dis­ a responsible press." Since admin­ Nicholson'S attorney, Michael missed because he objected to the istrative review in this case was Simpson of the National Education principal's request that he submit declared not to be in violation of Association, described the court's student journalists' work fo r prior student First Amendment rights, statements concerning prior review screening, and adhere to the Rotary Nicholson could not claim a deriv­ of high school newspapers as "un­ International "Four-Way-Test" of ative right to disobey the adminis­ necessary to the decision. The court evaluating expression on the bases tration's instructions. misstated the facts; they said prior of "truth," "fairness," "good will," Additionally, the court addressed review fo r accuracy is permissible - and "benefit." another important issue in its anal­ - but that principal reviewed arti­ Thus, Nicholson argued, the ysis of adviser First Amendment cles because they were controver­ school's decision not to renew his rights, saying that the question of sial. He wanted to implement his teaching contract was unlawful be­ whether a school teacher's speech is Rotary standards of 'good will'." cause it was based on actions pro­ constitutionally protected requires Nevertheless, he said, "I think the tected by the First and Fourteenth a "balancing" of public and private decision may carry weight as a Amendments. The U.S. Supreme interests. precedent fo r this circuit." Court has ruled that a decision not The court consequently held that In another California case in­ to rehire an individual is improper Nicholson did not have a personal volving conflicts between a journa­ if it is made by reason of that right to encourage publication of lism adviser and school

10 SPLC Report WINTER 1983-84 administration, the sponsor of the The school's principal, Dr. Hen­ never signed her renewal contract Redwood High School newspaper ry Lambert, had suspended from later than April 5. in Larkspur lost her suit in which publication the Dec. 17, 1982 issue The journalism adviser at Dick­ she sought to have a letter of repri­ of the student newspaper, the enson High School in Jersey City, mand removed from her.file. Knigh t Times, which contained stu­ New Jersey, was dismissed from . The adviser, Sylvia Jones, re­ dent editorials about earlier her adviser position after an article ceived the reprimand when she censorship of one of the paper's on building maintenance appeared apProved of an investigation in advertisements. in the school's paper, the Dickenso­ which reporters from Redwood's Prior to blocking the issue, Lam­ nian. student paper, aged 14 and 15 years bert had instructed that a news attempted to buy wine and beer at story and editorial column on the Susan Everett, who had served as 24 local liquor stores. Their experi­ topic of censorship be removed. adviser fo r three years, was told by ment was designed to test the avail­ The disputed advertisement, which the school's principal that she ability of alcohol to minors. Ten of was fo r the All Women's Health should have shown him the article the 24 sold alcohol to the underage Center in Oca1a and which men­ before the paper went to press. The principal said Everett would be reporters; -all of the purchases were tioned birth -control and pregnancy turned over to Jones. counseling, had alteady been re­ replaced the next day. School officials believed that moved fr om the newspaper. According to Everett, the school Jones showed poor judgement in The Kn igh t Times was restrained administration had not previously approving the investigation, and pending an opinion by the school requested to screen materials, nor ordered that in the future she sub­ board attorney on the right of a informed her of guidelines fo r prior mit all controversial articles to the principal to preview and select arti­ review. She said the article in ques­ principal's office fo r clearance. cles, Lambert said. tion did not appear to be a poten­ "Dr. Lambert told me that this tially libelous, obscene, or Although the Federal District issue of Knight Times was not otherwise "disruptive" one, and Court's ruling in December 1982 going to be printed now or at any that she was unaware of any major denied her damage claim against time and I was not going to be the controversy surro unding the the Tamalpias School District, journalism adviser fo r the second school's building maintenance. Jones was able to settle on a com­ semester," Brown said. But accord­ During her term as advisor, Ev­ promise letter with the school ad­ ing to Brown, Lambert was only erett and the student staff worked ministration. But she fee ls the acting under the order of Leon to improve the quality of the Dick­ letter, which states that she must Rogers, school superintendant fo r ensonian and increase the number expose all material that may "pos­ Marion County. of issues circulated. Before she as­ sibly be illegal," violates First After Brown's December dis­ sumed her post the Dickenson ian, Amendment rights in fo rcing her to missal and January reassignment, which is financially self-supporting, impose a prior restraint on student the school superintendant's office was often distributed only once journalists. in February handed down a deci­ during the school year. Gradually, Jones is not appealing the court's sion to replace Lambert as Vang­ Everett said, the school had begun decision, but is unsure of her future uard's principal. Rogers stated that to take the newspaper seriously. involvement Redwood's stu­ wih the decision was unrelated to the "I'm waiting to see if union dent paper, the "I am Bark. censorship issue, however Lambert, grievance procedures can do any­ thoughtful - about whether I care to whose contract does not expire this thing, but it is beginning to look as continue in the adviser position year, is appealing his dismissal. if they can't, because the newspaper under those kinds of circumstanc­ As of April 11, Brown was still is extra-cunicular and not men­ es," she said. awaiting a decision concerning re­ tioned in my contract," Everett Recently, the staff of the high newal of her teaching contract. In said. "If they can't help, I'll have to school publication the Yakima the previous five years she has pursue the case through another (Wash.) conducted a similar Herald taught at Vanguard, Brown has channel." investigation of local liquor stores, with adviser permission. The re­ Colorado: sulting article produced by the stu­ dents was praised by the school and by the Yakima community. Do Advisers Have Free Speech? Debates between newspaper ad­ visers and school administrations The Colorado Court of Appeals heard arguments in the case on over questions of prior review have has ruled that a college's newspaper November 15. not been limited to the 9th Circuit. adviser can sue fo r infringement of The case is the first in which a In the course of an extended dis­ First Amendment rights, even newspaper has challenged a subsidy pute involving censorship of a high though she did not lose her job or cut-off by a student government. school newspaper, Nancy Brown, otherwise suffer "economic injury" The Student Senate of Pikes Peaks an English teacher at Vanguard after the school's student govern­ Community College voted in June, High School in Ocala Florida, was ment cut the paper's fu nding and 1980 to end the paper's $12,400 dismissed and, subsequently, re as­ halted its publication. The May, subsidy, stating in a resolution that signed as the public school's jour­ 1982 ruling is on appeal to the the Pikes Peak News "projected nalism adviser. Supreme Court of Colorado, which negative content," was

WINTER 1983-84 SPLC Report 11 "libelous... inaccurate, " and "not control the content of the Ne ws, The outcome of Olson's case representative of the students," according to the co urt "acts of could influence many subsequent Defendants in the case, including assistance and association with the court rulings in conflicts involving members of the school administra­ publication are protected." the student press, where often a tion and the student senate at the The court said that although publication adviser may be the only Pikes Peak Community College in Olson had suffered no harm dem­ individual able to pursue a dispute Colorado Springs, appealed the onstrated by monetary loss, she through extended legal channels. May ruling which overturned an could claim injury to her ability to Olson's attorney, William Bethke t earlier judgement in their fa vor. A each First Amendment values of Denver, noted that "her legal Denver district court had held in through the loss of hands--on ex.peri­ standing is an important issue in the 1981 that Juditb Olson, advisor to ence in publishing a newspaper. Its case because there bas not been the Pikes Peak News, did not bave opinion indicated that the court much in the way of a direct prece­ standing to sue the school on would be flexible in finding suffi­ dent in this area." cbarges of economic censors hip cient injury to sue where "the rights If the state high court decision based on the defendants' editorial involved extend beyond self-inter­ does find tbat Olson bas a First disagreement wi th the newspaper. est of individual litigants and are of Amendment standing to sue, the Stating that Olson and the other great public concern." Colorado courts will be faced with named plaintiffs were not in posi­ The opinion continued: "It is of the controversial issue at the heart tions to claim injury to their First 'great public concern' that First of the Pikes Peak News litigation - Amendment rights. the district Amendment fr eedoms not be the questionable constitutionality of court declined. to grant an order abridged, especially in the college a student government slashing the that would force continued funding. classroom with its surrounding en­ school newspaper's budget. Olson appealed, and in reversing virons which is peculiarly the 'mar­ Olson's suit depends on tbe proof the earlier decision, the state appel­ ketplace of ideas' where the that censorship was related to the late court aserted that Olson's ac- vigilant protection of constitution­ ' newspaper's content, and possibly 1.1vltles with the newspaper al freedoms is vital to all." ' on the observation that, at Pikes qualified as a constitutionally pro­ Judge Tursi, writing for the Peak, decisions of the student coun­ tected interest. The court applied a court, rejected the argument that cil are reviewed and approved by basic test of "legal standing" which Olson's claimed loss of First the school administration. requires that a plaintiff have suf­ Amendment privileges was dimin­ Additionally her claim that the fe red "injury in fact to an intere st ished simply because she now economic censorship is unlawful is protected by statutory or constitu­ serves as avisor fo r the Pikes Peak based on a determination by the tional considerations." Fuse. a publication created in the state's attorney general that student The court denied that defendants' wake of the fu nding cutoff fo r the fe es are, legally, state funds. It is argument that Olson had not suf­ News. clear from previous court decisions fe red "injury in fa ct" to her First Judge Sternberg, the single dis­ that state related institutions. such Amendment rights, explaining that senter in the appellate ruling, would as the school administration, can the school paper was a teaching have held that Olson did not have not censor a student newspaper by tool, and citing earlier court deci­ legally protected rights to exercise removing state fu nding. It is un­ sions which allow teaching methods fr ee speech in the student paper, clear whether student governments constitutional protection. Even nor to use that paper as a teaching are bound by similar restrictions. though as adviser Olson could nOl tool. Libel

Criticized Professor Brings Suit

In a libel action arising fr om a campus controversy last syllabus. She also noted that class began late. that Cole spri ng., a department chairman at Dartmouth College, apparently had fo rgotten the course title, and that a in Hanover, New Hampshire, is suing the conservative disproportionate amount of time was devoted to Cole's Dartmouth Review over an article published critiquing comments on the "race Question." his lecture course and teaching methods. The article reported that Cole's class is "renowned to The co mplaint filed by William Cole, a profe ssor and be the most outrageous gu t course on campus, home of chairman of the Department of Music at Dartmouth for the thicknecks." Ingraham began by venturing the many years, alleges he was libeled and "held up to statement that "notbing worries Bill Cole" and con­ scorn, ridicule and disgrace" in the January article cluded by suggesting the professor "should be careful entitled, "Prof Bill Cole's Song and Dance Routine. " about making gratuitous racial allusions in class," and The article was written by Laura Ingraham, a staff "cultivate a more seri ous attitude toward reading and writer fo r the Review, who bad attended the first two scholarship." sessions of Cole's class "American Music in An Oral In between, Ingraham described Cole s subject as ' Tradition." Her article discussed the professor's behav­ "riCh, folksong music." She mentioned that his "tre­ ior in class, quoting fr om both his lecture and course mendous interest in music" sustained him through

12 SPLC Report WINTER 198"3-84 difficult years in college, and that he plays professional­ was "less sick." She also asked that the editors "make ly for a "lively group" that has performed at a local the Cadaver a paper that everyone ca n read." music center. Brooks' letter, along with a response fr om the editors, Cole's complaint aUeges, among other things. that the was printed under the headline. "Graduate Nursing article charges he is incompetent and that Ingraham. Student Complains or 50 Way To Irritate The Editors ." the Review, its chairman and its editor-in,hief "acted Editors Brian Stone, Johnny Jarman and Stuart in a malicious, intentional. willful, wanton, reckless, Caplan, stated in reply that their "style of humor is scandalous, outrageous and defamatory manner." He really out of our control." They went on to say that seeks a total of $2.4 million in general and punitive "We have backgrounds different from the rest of you. damages. Our mothers were German Shepards; our fa thers were camels, so naturally we love to hump bitches in heat. Say, Ms. Brooks, when do you come in season?" Georgia: Bruoks filed suit in Georgia trial court. claiming that the response to her letter was libelous, malicious and personally degrading. Stone, Jannan, Caplan and Dr. Dog of a Suit Thomas S. McDonald, the adviser to the Cadaver, pleaded that the statements were merely satirical in What three student editors at the Medical College of nature, and constituted protected speech under the First Georgia probably viewed as a sarcastic reply to a letter and Fourteenth Amendments. The three student editors critical of their paper has turned into a $150,000 libel additionally counterclaimed that the suit was diverting suit against them and the faculty adviser of the publica­ them fr om their medical studies and requested $10,000 tion fo r the damage done to them. . Susan Brooks, a graduate nursing student at MeG, The defendants were granted a summary judgment WTote a letter the to the school newspaper, the Cada ver, on the original claim by the trial court, but Brooks filed apJ)e4ling to the staff to develop a sense of humor that an appeal in early October.

Indiana: Wo man Sues Over 'Promotion ' To Dean

In 1976, an alluring young woman appeared on the When the photo was taken, no model's release was cover of the Indiana University-Purdue University at used and no contract detailing acceptable uses of the Indianapolis Sagamore. holding a wine glass in one photo was entered into. The photo was discovered in hand and a taco in the other, to commemorate the the Sagamore 's pennanent photo file. annual dining guide to the city. No one complained. At the current time, the suit has not gone to court, But when the IUPUI Sagamore used that picture in and editors of the Sagamore say they worry more about their 1983 April Fools issue, and stated that the lady in question was "Wanta Little, the new Dean of the getting their paper out than they do about the suit. School of Liberal Arts," the woman, Jan Beres, com­ Getting the paper out at IUPUI does seem to be plained. something of a major accomplishment at times. The Sagamore has had more than its share of problems in the past year. They have been entangJed in arguments over their power to reject advertisements, and they fa ced a running argument between their publication adviser and the Dean of Student Services over opera­ The IUPUI Newsmagazine tions of the paper. The adviser has left fo r a private sector publishing job, and the Sagamore currently oper­ Beres, who sat fo r the photo seven years ago, is now ates without an official newspaper advisof, ajournalism a professional model in Indianapolis. She has ftled suit professor is acting as an "unofficial go-between" fo r the against the Sagam ore, claiming that the use of the photo paper and the administration, according to 1983-84 with the April Fools caption humiliated her. Editor-In-Chief Bill Nolan.

ALL STUDENT PRESS LAWCEWfER SER VICES ARE PROVIDED COST-FREE TO MEMBERS OF THE STUDENT PRESS AND THEIR ADVISERS.

The Student Press Law Center is dependent upon interested organizations and individuals for its financial support.Tax deductible contributions may be made to:

STUDENT PRESS LAW CENTER 800 18th Street, N.W. Washington, D.C. 20006

WINTER 1983-84 SPLC Report 13 Economics & Advertising Advertising Conjlicts Proliferate

Can a high school · or college could therefore prevent the ad from vertisements In student newspa­ paper decide what advertisements appearing. pers. will run in its pages, or does the "The principal bears the burden Magann said the new policy re­ institution have the right to censor fo r the paper without any of the quires that students editors and non-news sections of the publica­ rights," he said. fa culty advisers exercise "good tion? This question has been com­ Adviser Murray disagrees with taste" in determining the content of ing up more and more frequently the principal's reasoning. Referring published material. He said the across the nation in recent months. to the 1973 School Board Policy new policy gives principals the Not enough cases have gone to Booldet's original regulations, she right to restrain publication if arti­ court to say with certainty what the said, "There's · nothing in the orgi­ cles or advertisements prove "dis­ rights of student editors are in the nal guidelines that makes me or ruptive". advertising realm. Questions that Mr. Gappmayer personally respon­ The policy fo rbids publication of still need to be decided include sible. articles, editorials or advertise­ whether a school can order the "The students were threatened ments that are illegal, . obscene or paper to exclude ads fo r legal prod­ with suspension if they printed libelous. ucts or activities and whether the another ad.'" Murray said. When the same advertisement editors themselves can limit access Murray said the principal came fo r the All Women's Health Clinic to the advertising pages. to her and said that he received ran in the newspaper of Vanguard While some commentators have calls from the public protesting the High School in neighboring Ocala argued that public school newspa­ ad. But the adviser said the com­ Florida, officials at Vanguard de­ pers are public fo rums and thus munity response does not justify cided to discontinue the ad to have a duty to print ads that are the power exerted over the paper "avoid the hassle altogether," said not obscene, libelous or disruptive, and the staff. Nancy Brown, Vanguard's journa­ the Fifth Circuit U;S. Court of The question of what is consid­ lism adviser. Appeals has rej ected this idea at ered "proper" advertising in a high The adviSer decided to run the least fo r college newspapers. school newspaper was ra ised when advertisement anyway, just as it The staff of the Hawk Talk at a similar advertisement fo r a wom­ had been run fo r almost three Bozeman Senior High School in en's health center offering pregnan­ years. Bozeman, Montana, objected to the cy testing, birth control, and When Principal Henry Lambert principal's censorship of an adver­ abortions appeared last October in reviewed the issue, Brown said, he tisement fo r a local fa mily planning three Gainesville, Florida high removed the ad, as well as an clinic in an October, 1982 issue of school newspapers. editorial and over half the letters to the paper. After the appearance of the ad­ the editor. He also advised Brown After the Clinic of Family Plan­ vertisement, area clergy, anti-abor­ to move a front page article on ning of South Central Montana tion proponents, and parents censorship to a place in the back. of advertisement appeared in the 0c­ protested that the ad was not ap;­ the paper. tober issue, Principal Lou Gap­ propriate fo r a high school newspa­ When Brown refused, the district pmayer issued a letter to the staff per's readers superintendent ordered the publica­ outlining new guidelines fo r adver­ After meeting with the principals tion of the issue halted and an­ tisements. of Gainesville, Buchholz and nounced that Brown would not Sheryl Murray, the newspaper's Eastside high schools, whose papers serve as journalism adviser the adviser, said the letter included the printed the ad, and fa culty sponsors fo llowing term. Brown said that decision that any advertisement of the newspapers, Superintendent since the school had no policy should be banned if it advocated Douglas Magann said, "There are regarding student editor rights and that any student break a law or guidelines (on newspaper content) censorship, "This was inevitable." school rule, used profanity, offered that each s<;hooL has developed. The superintendent's decision alcohol, tobacco or illegal drugs, They do nQt �hJde this kind of was overruled and the issue re­ fe atured movies rated R or X, ad. There were ho guidelines vio­ leased fo r publication when the publicized adult bookstores, advo­ lated." school district's attorney stated that cated a specific religion, or pro­ After . three months of letters, the First Amendment rights of the moted fa mily planning. phone calls and speeches at public students were being violated and Gappmayer said that since the meetings dealing with . the pros and that the superintendent's objections school superintendent delegated re­ cons of allowing students to control were not sufficient to halt publica­ sponsibility fo r the paper to him, the content of newspaper ad vertise­ tion. he as principal ta kes on the role of ments, the Alachua County School In a case involving Grossmont publisher of the newspaper and Board voted to allow abortion ad- Union High School, in San Diego,

14 SPLC Report WINTER 1983-84 California, a fe deral judge ruled read in part, "Don't let the draft necessarily extend to the public that student publications do not blow you away. Know your rights. when a scholastic pUblication is have the same rights to free ex­ Know your choices." He said the involved. pression that other publications en­ ad promoted nothing illegal, it was At Minnesota's Minneapolis joy. merely intended to let students Southwest High School, Jeff Rob­ Grossmont Union, whose paper know their rights and alternatives ertson and Julia Risser, editor s of ' gets most of its fUnding fro m run­ to the draft. Jahnkow added that the A"ow were fo rbidden by the ning ads fo r the military, in March the ad had been accepted fo r publi­ school's principal and Minneapolis refused to print an advertisement cation in student newspapers at Schools Assistant Superintendent fo r the Committee Against Regis­ twelve other high schools in San Ken N orthwick from accepting an tration and the Draft (CARD) be­ Diego county. advertisement from the Gay Pride cause school district officials said it Card appealed the district s deci­ ' Committee encouraged students to break the sion, bringing it to court On April The Minnesota Civil Liberties law. 25, the fe deral judge trying the case Union (MCLU) med a lawsuit on Rick lahnkow, a spokesman fo r rej ected CARD's request on the behalf of the student editors May CARD, accused the Grossmont grounds that the paper they wished 20 in U.S. District Court challeng­ Union High School District of to advertise in was a newpaper ing the acti.on by the: school admin­ censorship, saying that student edi­ created fo r the students by the istrators as censorship in v iolation tors' constitutional rights were vio­ school district. The rights that nor­ of tbe fr ee speech and fr eedom o f lated. mally apply for the free expression (crll1linued 011 p. lahnkow said the advertisement of opinion, said the judge, do not 16)

Student Pols Abuse Funding Power

Telling a campus newspaper what (Lley mayor may newspapc,·:; can !1(" fo und in high school s 3'Swell In San not print is not the only fo rm of .�nsorship. In a Francisco's fe,;, ·", '1 H, S, Ihl' "tu(\eflt go vernment growing number of instances, student papers are being �hE�atened Uj 'dpl'i;"d' 1 he newspaper. Th (' [J)well, if it told that they will lose some or all of their funding if did not aHoc;!te SJ1?ce fo r stlld(,TIt government news. they do not comply with the wishes of the administra­ However, after "onF � tense ;y, (:m;>n1s. �h(' >!,(lVernment tion or-more and more-the student government. and the pf!;;e-r 'H�,f',(',i la<;t Mav to send ::> �\Jrv('v to the Demands by these 'higher ?uthorities' fo r editorial student bOlh , The re::;OjIts showed that 1 he �tud('"nt::; were ; review, space in the paper on a regtilar basis or logos not dispk,, ;ed with the coverage provided by The informing readers who is responsible fo r funding the Lowell, and the motion to strip the pap�r's fu nds was publication are bec oming a way of dealing with student withdrawn. journalists who maintain an inci�pendent line. Similar conflicts, again involving a demand by t he Problems such as these have bee" the rule rather student government that a logo indicating swdent than the exception recently at M '1b�0 State University senate fu nding be placed on the paper led the Northern , in Minnesota. The Reporter w; . briefly threatened Star at NO'ihern Illinois University to be cut offfr om with accepting the Student As:' ,·ia'.ion as its publisher. its (l!!ocati,-,n of $30.650. The Northern Star has been They survived that scare Olly tc be fa ced with a presi· ·;l g i" syslem in which the�r fu nds would be requirement this Spring that all ,; n ,dent government­ granh.ri ir�� · '�nde,-·t of the stud�f't government. fu nded publications print a logo on their masthead 1n :J T" fe renrluf1l held last spring. tl1f' students at indicating that they get student go' . -""'-'P"t funding, )\Jonj-. " nlinot� \' ''ted two-to-one to grant lhe North­ Reporter Editor-in-Chief Pete i akd�;' �,y that the ern '- 'l $45,1)01} per year bulk subscription which ".' . paper clearly states that it get' r 0::-\ uarter .,:j ·· ,'jjd i c, >I from the control of the 5tudent govern­ uq)-d:. . . its funding fr om the SA, but tl. : , p, . 'Yl, ' not the ment . . SA, should determine how that information is dis­ Howevc . under the system at NOrlflern lHinois played. The implicit threat, in the ,,,. ords of the SA Univ�J:' ;ity, ::he results of the referendum had to be

committee responsible, is thai 'failure : . .\ do so may cert1fied by a committee before being sent to the ' result in a decrease in next year � dllosations." university'S Board of Regents fo r fi nal action. That Some newspapers fa ced with student government board, '1,;,\, il. large contingent of student government demands or continuing probb· ·, in their dationship acti vists, railed to ratify the results. The Board of with campus politicians have ofcided to restructure Regents ne"· er acted . their funding by becoming totally financed through The Northern Srar is still working with the university advertising and subscription or by establishing funding administration to obtain subscription support fr om fe es by a fo rmula that the student government cannot alt�r which are not subject to student government control. fr om year to year. One such newspaper is the South The president of Northern Illinois University has been End at Wayne State University in Detroit. The WSU supportive of the Northern Star's efforts, and has said Student Council has voted to separate the South f, 'nd repeatedl; that he believes the newspaper should be budget fr om its own, and djscus�i. on�, on a fu nding independently fu nded. For some years, the administra­ fo rmula continue. tion has pad 3J�jUO a year as a bulk subscription for Conflicts between student govem menh �I i t.)w(kn1. faculty :w o staff who read the paper.

. . ------_ ._- ---_._' _ ._---._. .. .." . _'-_ . _._-_ .. _------WINTER 1983-84 SPLC Report 15 Advertising alcoholic beverages. On its fa ce, the "SHY. GAY, desparately need to ad simply otTers a number to call rap. Call Vicki 355-5018 after 5:30 p. 15) (continued fr om fo r infonnation. p.m." Risser said the press provisions of the First that the student pa­ The telephone number belonged Amendment. per "has run ads fr om restaurants, to Vicki Sweitzer, who brought suit The ad, which had been accepted fr om pizza places, all of which against the Collegian, charging that by the stude'nt paper, gave the serve alcohol." the ad was. defamatory and that the telephon� numl;>er of a pre-recorded The school board's "concern Collegian was negliaent in not veri­ messag� listing Qay and Lesbian about alcohol," Risser said, "is a fying whether the telephone num­ Pride Week activities and a volun­ selective one. £t just seemed to the ber was correct. teer line. The school board claimed students that it wasn't applied censored The Collegian's classified ad pol­ tha the ad was for two equally." icy at the time prohtbited the use of reasons: 1) that the ad was mislead­ On May 20, U.S. District C.o urt a last name in "personals" and ing in that it implied the availabili­ Judge Miles Lord fo und that the required that indentification be ty of counseling or referral services decision by the school violated the checked only when the office repre­ and 2) that the ad encouraged mi­ First Amendment and issued a sentative considered the ad to be nors to drink alcoholic beverages. temporary restraining order and a Questionable. But the MCLU asserted, "The prelimi!lary injunction ordering Gay Pride Committee ad is not UNo amount of care can ensure school officials to permit the ad in misleading. It simply offers a num­ that absolutely every ad publi!hed the Arro w. The May edition of the ber described as an infonnation is absolutely legitimate in aU re­ Arrow carried the ad. and volunteer line. Assumingthat a spects," said Gerry Hamilton, gen­ student did misunderstand the ad CoJIegian Inc., publisher of the eral manager of Collegian, Inc. to be fo r a counseling service and student newspaper at Pennsylvania .LThe only policy that would abso­ called the number offered, no irre­ State University, is being sued for lutely prevent the piaoement of ads ad parable harm would result. Any the publication of a classified in that are not legitimate is a policy caller hearing the recorded message two issues of the The Daily Colle­ that would prevent the pUblication will immediately understa nd its gian in May. 1980. of all advertising." Hamilton said. meaning." The ad was placed by Dorlene Hamilton saidthe Collegian is now The MCLU also said, "The Ad Sharer, who fa lsely identified her­ negotiating for an out-of-court set­ does not encourage minors to drink self as Vicki Longe. The ad read: tlement.

______I-l_ igh School

M ichigan: In Tillman's view, the odd com­ Principal Finds Yearbook Ratty promi8e reached in his case re­ flected a fe eling on the part of The photograph seemed innoc­ engaged in a running fe ud with a administrative higher-ups that uous enough: several smiling teach­ number of instructors about their Brownlee was wrong in censoring ers assembled in a school storage use of the "Rat Room" to eat the student yearbook without laying area that was fondly known as L'The lunch. According to the principal, down guidelines and without in­ Rat Room" around Willow Run only individual photos and pictures fonning Tillman about Willow High. "The most lovable rats of recognized student/teacher activ­ Run's past practice of prior review. around," ran the copy beneath. ities should appear in the school's Although school authorities regular­ yearbook. ly screened the school newspaper, That rather harmless insertion in When "Beating the Odds" was they apparently had never before "Beating the Odds," Willow Run's distributed with the "controversial" interfered with the award-winning 1982 yearbook, sparked what advis­ picture and copy intact, Tillman yearbook during Tillman's stint as er Roger Tillman has called "an received an official reprimand fo r advisor. open-and·shut case of censorship" disobeying Brownlee's order. After Although. Tillman now sets aside by school officials. bringing the Question of a princi­ time for Brownlee to read the year­ Shortly before the publication pal's right of prior review up book copy, he said that he bas was due to come out least year, through administrative channels, changed his basic policies very Phyllis Brownlee, principal at Wil­ Tillman had the written repri mand li ttle. "Just because Principal low Run, issued a directive not to removed fr om his file. Neverthe­ Brownlee comes and reads the copy print the photo or to provide cover­ less, school district officials gave does not mean I am going to age of any other "cliques" in the the nod to admin i strative screening change it on demand," he asserted. Michigan high school. "That pic­ of student publications as a general Still, Tillman worries about the ture represents a group that, in my matter, and warned Tillman that district officia.ls' pronouncement in opinion, is not a posi tive represen­ fu rther disregard fo r principal direc­ favor of administrative control of tative of the fa culty," said Brown­ tives could result in his suspension student publications. He has regis­ lee, who had previously been or dismissal. tered his protest agaiDst the prior

16 SPLC Report WINTER 1983-84 review policy with school superin­ Montana: tendent Gilbert Dunn, lest his ac­ ceptance of the outcome in his individual case be viewed as tacit Satire Draws Censorship approval of principal censorship A case of censorship at Belgrade Laceky discussed with Fikani rights. High School in Belgrade, Montana guidelines for balancing student ahead , And he foresees trouble last spring has prompted the freedom of speech and administra· additional duties when he takes on school's principal to draft tive control. Prior to the guidelines as student newspaper adviser in the guidelines which spell out student drawn up by Fikani, the paper had fall of 1983. He says he hopes his rights at Belgrade's paper. the Reht­ no such written policy. Fikani con­ staffers will be covering a number nap. tacted 15 Montana schools for cop­ of controversial issues affecting In April, 17-year-.old Steve Olson ies of their guidelines and has WiUow Run's student population, was banned from writing editorials proposed the teaching of basic jour� be will handle fu­ and insists that in the Rehtnap after an article he nalism skills, and establishing a ture orders ton ce sor materials in wrote was considered potentially review committee including the the two school publications much libelous Rehtnap ad viser students, Fikani . . like he handled the "Rat Room" Belgrade principal Tom Fikani himself the assistant prinicpal and , controversy. said that Olson had made a refer­ a professional journalist. Tillmanm ay in for future well be ence to an individual in his article The guidelines adopted by the collisions with the Willow Run which could have sparked a libel school board have their good and administration. Although Brownlee suit against the school. bad sides On the positive side, the . has not exercised her "right of Most of Olson's articles were documents states that "Students at review" since last year's conflict, she satires which Filcani said use a Belgrade High School are protected said she "reserves her right to keep negative approach" but which Bel· in their exercise of freedom of ex­ the from being exposed to " children grade teacher Chris Small said "are pression by the First Amendment." things (she) feels will affect them humorous, controversial and they The guidelines also set up a de­ negatively. " get people thinking. tailed process for the resolution of " ·'1 am paid to monitor the kinds In an article in the Bozeman problems in the publication pro­ of things the children are exposed Chronicle, Olson said that his edito­ cess, including a requirement that to . .1 will continue to do my job . rials were not the only things that speeds reconciliation by moving the in the and future I willn ce sor were censored at the school. "They dispute from one step in the ap­ anything I feelneeds to be." (the administration) like to pretend peals process to the next every five problems don't exist. The school days. Ronda: doesn't want any hassles. While However, the guidelines as there are drugs and drinking, these adopted also state that "The Princi­ 'Tree' Creates Stir are things you aren't to mention in pal acts in the same capacity as a the school paper." Managing Editor and may use his Leon Thames never meant to Olson said articles and surveys authority." The guidelines do not cause a controversy, but by submit­ on drugs, drinking and sex within make clear whether this Managing ting 8 drawing to the North Miami school had been banned. Olson's Editor will review specific ideas or High School literature and art mag­ complaints were investigated by articles prior to publication. The azine, Motif that is exactly what he Tom Laceky, Montana representa­ staff of the Rehtnap is part of a produced. tive for the Society of Professional scheduled class that meets fiVe yda s The artwork, a tree trunk blos­ Journalists' National Freedom of per week. Students not enrolle in soming into a nude woman, was d Information Committee. the class do not write for the paper slated to appear in the first 1983 . edition of Motif. But then came the twist. Prior to 1983, Motif had been published on its owo. As a rost cutting measure, however, editors of the Motif and the school yearbook Genesis decid­ ,ed to publish jointly. As part of the merger, Motifeditors were told they would "adhere to the yearbook's editorial policy," according to prin ­ cipal Bessie Gibson. That policy gave officers of the Genesis the pow­ er to detennine whether material was "questionable", and to exclude it from the joint publication if such a finding was made. Evelyn Ayl­ ward, the Genesis Editor-in-Chief found the treemaid questionable, as (continued on p. 18) Censored satirist Steve Olson

WINTER 1983-84 SPLC Report 17 Tree (continued fr om p. 17) Washington State: did Genesis advisor Carol Burger and Gibson. "Basically, it is our belief that anything which might offend even 'Bad Astra J BBQs School one person would be considered questionable." said Burger. Motif editors doubted that the A quiet high school in a suburb The students published the Bad decision to exclude Thames' draw­ of Seattle, Washington became the Astra because there is no school ing was made as an internal editori­ site of a noisy and highly publicized publication at Lindbergh high. The al decision. Suspec ting battle over high school press free­ articles, which were by-lined "Don administrative pressure, they doms this May when five students Quix.ote" and "Thomas Paine," charged the principal with published and distributed an under­ were critical of the school's atten­ censorship. Gibson denies thi�. ground newspaper during Senior dance policy and many of the "I didn't make tbe deci sion, the Day barbecue. teachers, but according to Principal editors of the made the yearbook The five students, all seniors at Brian Barker, the students were not decision." she said. Renton, Washington's Lindbergh punished fo r the content of the Bad The Motifeditors then inserted, High School, handed out a paper Astra, but fo r breaking the rules. in place of the drawing, a quote by they called the Bad Astra. They did Area newspapers gave a large e dy and 10hn F. K nne the not seek the principal's permission amount of coverage to the contro­ statement, "The work of Leon to distribute the paper and they did versy, and the students enlisted the Thames was remov d because of e not identify themselves within its help of the Washington ACLU and policies o yearbook." editorial f the pages, both of which were required the Student Press Law Cen ter. d The Genesis stated that this coul under Renton School District poli­ Despite the support the students s be con idered derogatory, and the cy. recieved, the school district has statement did not run. stayed with its policies. Nor were "We're entitled to certa in inalie­ 'Ironically, si nce the Motif-Gene­ their minds changed by a 23�page nable rights, and those rights ca n't sis controversy began, the "otTen­ "brief' submitted by the students be amended by the school," said sive" drawing appeared several which included the SPLC Model Mark Hoben, one of the editors of times in the Miami News and the Guidlines (reprinted in this issue). the Bad Astra. North Miami High School newspa­ The five students who startedthe per, the Quest. Thames' artwork The five editors were told they Bad Astra have all graduated, but a finally appeared in the Spring issue must perform six hours of commu­ new group of Lindbergh students of Motif, and the school now has nity service and prepare a debate of intends to bring the paper out this d clearly defined gui elines fo r publi· the First Amendment as punish­ year, and will continue to fight the cations which the adviser to Motif ment. All five also had disciplinary policies which restrict the press in has described as "very protective, a letters placed in their files. the Renton School District. very positive result."

Missouri: Sp ectrum Sues in Federal Court

Student newspapers are fr equently subject 10 censorship by ad ministrators who ask "Why can't these kids wri te something responsible?" At Hazelwood East Senior High School in SI. Louis, MO, however, the complaint seems to be that the students working on the Spectrum did decide 10 tackle &fown-up subjects instead of childish concerns. . At issue is censorship of a special two-page series of anicles which was to have appeared in Ihe May 13, 1983 issue of Spect rum. The articles dealt with the topics of teenage runaways, juvenile delinquency. teen pregnancy and last year's contro­ versial fe deral regulation that required parental notification when a teenager soughl birth control. The articles were prepared under fa cul ty supervision and were the result of months of careful research and editing. The articles were removed fr om the paper on the eve of publication by school authorities, and no notice was given to the paper's staff. Hazelwood Easl principal Roben Reynolds said that Ihe articles were too "sensitive" to be published. Reynolds fu rther declared that Sp ectrum adVisor Bob Stergos has allowed the students to work on the a rticles even thOUgh, according to Reynolds, Stergos knew thai Ihe articles would never be used. Reynolds had never before prevented publication of Spectrllm articles. With the help of the ACLU. three of Ihe student who worked on tbe issue filed suit in fe deral district coun on August 19. As Ihe school year began, school officials and the siudenis and parents involved in the case were far fr om a seltlement. Former Spectrum advisor Slergos is no longer with the school. having accepled a better paying job in Ihe pri vale sector. bUI says he remains Interesled In high school journalism.

18 SPLC Report WINTER 1983-84 Pro and Con: Guidelines: Protection or Trap? by Lilian Lodge Kopenbaver by Tom Eveslage In a little more than a decade since the landmark The student media have a great deal of freedom­ Supreme Court ruling in Tinker (1969), decisions in according to the courts. It is not absolute freedom. cases relating to the scholastic press have been rather These publications also may be censored-again, consistently on the side of the student publication and according to the courts. Intimidation, fe ar, peer pres­ against administrative censorship. sure, self-censorship ...aU have led too easily to suppres­ These decisions have consistently reaffirmed that the sion of high school pUblications. same First Amendment fr eedoms of the press that But constitutional prior restraint is difficult. Courts apply to the professional press apply to the student continue to make the censor justify suppression, and in press. However, as newspaper and journal headlines the schools encourage fo rmal policies or review systems indicate, the constitutional rights of student editors and as ways to protect everyone's interests. Today, however, advisers are clearly and frequently being violated. as scholastic journalists defend their freedom, they School administrators still read copy themselves or must see that one of their legal weapons is not turned require that advisers exercise prior review, with the against them. result that many advisers do not give a second thought Although judges insist that procedural safeguards to rewriting and changing student copy because it is must exist if school officials want to review newspaper considered part of their job as adviser. copy before publication, courts from Texas to Vermont Liability fo r what is printed seems to be the major repeatedly have fo und particular guidelines outlining issue. The courts have held that school officials violate such procedures to be unconstitutional. the constitutional rights of students if they practice A prior review system that is constitutional must be prior review over content of publications. Therefore, if specifically explained with precise definitions of what they may not exercise prior review, they are also not can be legally prohibited. It also must clearly state to legally liable fo r what is printed. whom the material will be submitted, how long it will Conversely, if school officials-and that includes be before a deci sion is made on the material, and what advisers-do review copy, or are held responsible fo r process fo r a prompt appeal exists to challenge a doing so, they are placed in a position of liability fo r censorship ruling. Most courts have said that school what is printed. officials may regulate only when, where and how It is vitally important that administrators, advisers materials may be distributed, and may otherwise re­ and students understand their roles and the rights and strict just that content which is clearly defined as responsibilities surrounding those roles. A vehicle libelous, obscene or likely to cause a substantial disrup­ which can fa cilitate this educational process is a set of tion of the educational process. guidelines fo r student publications defining the roles of It would seem that the courts are telling publication each and setting out standards of cooperation at the staffs that they should support guidelines. There are, in school level to ensure free, quality student publications. fa ct, practical, positive reasons for drafting and adopt­ (continued on p. 20) ing them: Arbitrary censorship would be less likely. In a set of constitutional guidelines, all objectionable content would be clearly defined and legal procedures would be described. Ground rules would be set fo r both parties in advance. *Better administration/staff relations should result. Mutual understanding of one another's position should make each side more sensitive and short· drcuit COH­ fr ontation, because guidelines often indicate boundaries fo r both parties. *Evidence reveals that there is less censorship and there are fe wer attempts to restrain the publication where guidelines exist. A set of guidelines seems to fu nction as a watchdog on the student media to the extent that school officials fe el less need to be vigilant. *Finally, the burden remains on the censor. Whenev­ Editor's note: We would like to thank our two very er guidelines have been used in court to justify adminis­ knowledgeable authors fo r examining the advantages trative suppression of the student press, they have been and problems of guidelines fo r student publications. Dr. fo und defective. Thus, guidelines may protect publica­ Lilian Lodge Kopenhaver is Associate Chair of the tions more than legitimize censorship. Department of Communications at Florida Internation­ But there are dangers in adopting guidelines, too, al University and Dr. Tom Eveslage teaches at Temple threats that have encouraged some experienced advisors University in Philadelphia. (continued on p. 20)

WINTER 1983-84 SPLC Report 19 Kopenhaver (fr om p. 19) Eveslage ({rom p. /9) Such guidelines should be specific as to protected and to avoid such fo rmal statements. Among the concerns unprotected speech, freedom of expression fo r students that should be considered are these: and the legal responsibility fo r what is printed. Such a • An overwhelming majority of censorship incidents set of guidelines was adopted a year ago by the Dade never go to court. You know it, your staffshould know County (Miami, FL) Public School System. The it, and you can be confident that the administration guidelines were the result of a year of work by a knows it. Challenging a set of Ullconstitutional committee made up of high school journalism advisers guidelines in court would take much more time, effort, on both the high school and junior high school level, expense and anguish than most teachers and students student editors, principals and assistant principals, an want to give. area superintendent, a professional journalist and a ·To get a document that the administration will university journalism professor, and chaired by the support may requ ire too many compromises. The language arts coordinator of the school system. mistaken belief that any guidelines are better than nolle The guidelines finally adopted were based on several often results in the sacrifice of constitutional freedoms. documents: the legal definitions in the Model Guidelines of the Student Press Law Center, the ·Perhaps the greatest threat of all-and one that Guidelines fo r the Scholastic Press adopted by the advisors today must guard against-is the tendency to Florida Scholastic Press Association and the Code of let guidelines become "rules" or "laws" that are im­ Professional Standards of the National Council of posed by school officials. The danger is that the burden College Publications Advisers. suddenly shifts to the student and pUblication staff. The preamble reaffirms that student expression is Several recent developments in the court suggest that protected by the First Amendment and that administra­ school officials may be able to suppress expression tors have the responsibility to ensure a maximum of using this tactic. fr eedom of expression in student publications. The Courts are giving more discretionary power to ad­ guidelines then delineate the responsibilities of stu­ ministrators today. School officials still are told to dents, adviSers a.;d school officials. protect students' rights, but because of the school's . Student journalists should check and verify the educational responsibilities and the students' relative accuracy of all fa cts and questions, provide space fo r immaturity, administrators have more flexibility in rebuttal and opinion, and improve grammatical stan­ interpreting "student rights." A fonner editor of the dards. They also determine the content of the student student paper at Richwoods High School in Peoria, m., publication. said that one justification his principal offered for Advisers guide students to an understanding of the censoring the newspaper when it criticized the adminis: nature, function and ethics of a free press and of tration was "that the editors had violated a written student publications, and will not act as censors. agreement to 'promote the school image.' " Administrators will support the First Amendment The imposition of guidelines that resemble rules rights of students and the efforts of advisers to guar­ more than boundaries led 7-year veteran Patricia Kap­ antee those rights in their daily work with publications, pmeyer to quit her advising job in Lytle, Texas. The and recognize that the final decision regarding content school board, upset when the advisor asked the Student of student publications should be solely based upon its Press Law Center in Washington, D. C. fo r advice legality. during a controversy over a newspaper column on Finally, and significantly, the guidelines define in religion, drafted a prior review policy as a means of detail those classifications of speech not prohibited by controlling the newspaper. law or not protected by the First Amendment: material No court has ever told a newspaper that an obliga­ which is libelous or "obscene as to minors" or which tion to be responsible is required if a person wants to will cause "a material and substantial disruption of exercise his constitutional rights. Yet because of the school activities," so that a reasonably intelligent stu­ way some guidelines are written, school officials may be dent will know what he may write and what he may not able to make free speech contingent upon prescribed write" (Basughman v. Freinmuth, 1973). behavior. Guidelines such as these can be initiated in any This does not mean that one should avoid newspaper school or school system. They can assist in providing a policy statements or publications guidelines. On the greater understanding and better working relationship contrary, more evidence exists that they inhibit among all concerned parties. Administrators are not censorship than that they inspire it But more care is ultimately responsible fo r the content of student publi­ needed to make sure that guidelines free the press cations, nor are they the publisher. At the same time, rather than shackle it. Here are some suggestions: advisers cannot legally exercise prior review over copy, First, work fo r local acceptance. Start with model and students do not have total license to use their First guidelines. The Student Press Law Center has a detailed Amendment right to freedom of expression without any set. Modify them to fit your school, publication and thought to the responsibility of the student press. staff. Guidelines that are personalized will gamer more These guidelines can establish parameters agreeable local support by staffmembe rs and school officials. to all involved to ensure a free and responsible student Second, be specific and foc us on legal "do's" and press, the purposes of which are understood by all. And "don'ts"-what you can and cannot do and what can by students and advisers taking the initiative to set up and cannot be done to you and your staff. This includes such guidelines, they can prevent operational proce­ definitions of prohibited content and an outline of the dures from being fo rmulated fo r them. (continued on p. 2/)

20 SPLC Report WINTER 1983-84 All staff members should have specific duties and Eveslage (from p. 20) responsibilities, written and revised as students come

and go and publications change. A code of ethics is review and appeals procedures if your administration valuable, too, and lets the staff and readers know that i nsists on prior review. student journali sts believe that obligations come with It is important that guidelines clearly distinguish freedom. between statements of responsible behavior, on one But both a list of duties and a more general code of a and hand, and the enuci tion of constitutional rights ethical behavior would be better as separate documents, limitations on the other. Constitutional rights are not distinct from guidelines that explai n what the courts predicated on responsible behavior in a legal sense­ and law have said are acceptable behavior. The first unless a set of guidelines is perceived as a single two are subject more to personal interpretatioD. ihe contract or agreement and failure to meet stated stan­ third is akin 10 a legal document-based on what the dards of responsible behavior is considered to be vaJid courts have said and subject to a less flexible interpreta­ grounds for negating the entire document. tion. This means that if your guidelines include statements Most pUblications should profit from a set of such as "News articles will be objective and will avoid guidelines. But what must come first are careful study emtorial comment" or "All members of the student of student press law, negotiations with the administra­ body will have access to our pages" or "Students will tion, assessment of the pros and cons of a fonnal verify the accuracy of all quotations," you may be document, and offical support by the staff. school making your protected rights contingent upon the officials and school board. Any less effort may prove perfonnance of ethical or journalistic behavior. more a threat to a free press than a shield.

SPLC Model Guidelines For Student Publications

I. STATEMENT OF POLICY 4. Detemline the content of the stude nt publication. It is undeniable that students are protected in their B. Prohibited Material exercise of freedom of expression by the First Amend­ I. Students cannot publish or distribute material ment to the Constitution of the United States. Accord­ which is "obscene as to minors". Obscene as to minors ingly, it is the responsibility of school officials to insure is defined as: the maximum freedom of expression to all students. (a) the average person. applying contemporary It is the policy of the Board of com mu nity standards, would find that the publica­ , (yearbook) , Education that (ocwspoper) and. tion, taken as a whole. appeals to a minor's prurient (Iit.rary map..tillC) official , school-sponsored publications interest in sex; and of High School have been established (b) the publication depicts or describes. in a paten­ as forums for student expression. As a forum, each tly olTensive way, sexual conduct such as ultimate publication should provide a full opportunity for stu­ sexual acts (normal or perverted), masturbation. dents to inquire, question and exchange ideas. Content excretory functions. and lewd exhibition of the should reflect all areas of student interest, including genitals: and there o controversy. topics about which may be dissent r (c) the work. taken as a whole, lacks serious

art stic political, a e . It is the policy of the Board of Edu- literary, i . or scientific v lu cation that student journalists shall have the ultimate (d) "Minor" means any person under the age of eighteen. and absolute right to determine the content of official student publications. .2. Students cannot publish or distri btlte material which is "Iibelous'" defined as a false and unprivileged statement about a specific individual which injures the II. OFFICIAL SCHOOL PUBLICA nONS individual's reputation in the com munit y. If the alleg­

edly libeled individual is a " public figure" or "public A. Responsibilities of Student JournaJists official" as defined below, then school officials must Students who work on official student publications show that the false statement was published "with will: actual malice", Le., that the student journalis ts knew I. Rewrite material. as required by the faculty advis­ thai the statement was false or that they published the ers, to improve sentence structure, grammar, spelling statement with reckless disregard for the truth -with­ and punctuation; out trying 10 verify the truthfulness of the statement. 2. Check and verify all facts and verify the accuracy (a) A public official is a person who holds an of all quotations; elecled or appo in ted public office. 3. In the case of editorials or [etters to the editor (b).-\ public figure is a person who either seeks the concerning controversial issues, provide space for re­ public's attention or is well known because of his butlal comments and opinions: achievements.

WINTER 1983-84 SPLC Report 21 (c) School employees are to be considered public opinion of a practicing a ttorney should be sought. It is officials or public figures in articles concerning their recommended that the services of the attorney fo r the school-related activi ties. local newspaper be used .. (d) When an allegedly libelous statemeI}t concerns 2. Legal fees charged in connection with this consula­ a private individual, school officials ' must show tbat tation will be paid by the board of ec:Iucation. the fa lse statement was published willfu lly or neg­ 3. The final decision of;whether the material is to be ligently, has . i.e., the _student journalist fai led to published will be left to t)l�.. stucknt edhor or student exercise the care that a reaso nably prudent person editorial staff. would exercise. III PROTECTED SPEECH (e) Under the "fair comment rule" a student is f� School officials cannot: to express an op inion on matters of public interest. I. Ban the publication or distribution of birthcontrol a s tudent enjoys a privilege to criticize Specifically, informa tion in student publications; the performance of teachers, administrators, school 2. Censor or punish the occasional use of vulgar or officials and other school employees. so--calIed "four-letter" words in student publiCations; 3. Students cannot publish or distribute mat�al 3. Prohibit criticism of school policies or practices; which will cause "a material and. substantial disruption 4. Cut off funds 10 officiaJ student -publications be­ of activities. " school cause of disagreemen t over editorial policy; (a) Disruption is defined as student rioting; unlaw­ 5. Ban speech which merely advocates illegal conduct of property� destruction p ful seizures of roperty; without. prov ing that such speech is directed. toward and widespread shouting or boisterous conduct; or sulr will actually cause imminent lawless action; . stantial student participation in a school boycott, sit­ 6. Ban the publication or distribution of material in, stand-in, walk-out or other related fo rm of written by nonstudents; activity. Ma terial that stimulates healed discussion or 7. Prohibit the school newspaper from accepting debate does not constitute the type of disniption advertising. ' .. prohibited. IV. NONSCHOOL-SPONSORE� PuBLICATIONS (b) In order fo r a student publication to be consid­ School officials may not ban the distribution of nons­ ered disrupti ve. there must exist specific fa cts upon cbool-sponsored publications on school grounds. How­ which it would be reasonable to fo recast that a clear . ever. students who violate any rule listed UDder II.B. and preseot likelihood of an immediate, substantial may be disciplined after distribution. male-rial disruption 10 normal school acti.vity would may regulate the time, place and occur if the material were distributed. Mere undiffe­ I. School officals manner of distribution. ren tiated lear or apprehension of disturbance is not enough: school administrators must be able to afftr­ (a) Nonschool-sponsored publications will have ma!i"t'ly show substantial fa cts which reasonably the same rights of distribution as official school sup pOl ( 3 lorCC(ls{ Of likely disruption. publications.. (0 In JeLt:t'mining whether a student publication is (b) " Distribution" - means dissemination of pulr a at time di!.l lIplive. wnsidem tion m ust be given to the con· lic tion to students a and place of normal rexl of the distribul10n as weH as the content of the school activity, or immediately prior or subsequent malaial. j n thl!. regd rd, considt!ration should be thereto, by means of handing out free copies, selling given to past cxperi.ellce- in . the school with similar or ofTering copies. fo r· saJe, accepting donations fo r material, paSI experience in the sch ool in dealing copies of the publication, or displaying the student witb and supervisIng the students in the subject publication in areas of the school which are generally �:hoot, current everHS influencing student attitudes frequented by students. and heha vioL and whether or nol there have been 2. School officials cannot: ;'JI" ) instan<;cs of ac tlla� or [hrealened diswption prior (a) Prohibit the distribution of anonymous litera· I,) ,)r colltemporaneously with the dissemination of lure or require that literature bear the name of the 111\.. �IUJCnl publication in question .. sponsoring organization or author; (b) Ban the distribution of literature because it MODEL GUIDELINES contains advertising; (c) the of literature. (d) School oOkiaJs must act to protect the safety of Ban sale ADVISER JOB SECURITY ad vocates of unpopular viewpoints. V. (e) "School activity" - means educational activity No teacher who advises a student publication will be of students sponsored by the school and includes. by fired. transferred or removed from the advisership fo r way of exam ple, and not by way of limitation, fa ilure to exercise editorial control over the student classroom work. library activities. physical ed ucation publication or to otherwise suppress the rights of free classes. individual decision time, official assemblies expression of student joumalists_ and other similar gatherings. school athletic contests, VI. PRIOR RESTRAINT band concerts, school plays, and sched uled in-school No studem publication, whether nonschooJ-spon� lunch periods. sored or official, will be reviewed by school administra� C. Ugal Ad�ice tors prior 10 distribution. I. If. in the opinion of Ihe studenl e-ditor, slUdt'ot vn. CIRCULATION ed itorial staff or taculty adviser. material {Jroposed fo r These guidelines will be included in the handbook on publication may be "obscene", "libelous", or "cause a student rights and responsibilities and circulated to all substantial disruption of school activities", the legal siudents in aHendance.

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A TTENTION: Student Publication