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Spring 2009 Report.Indd Student Press Law Center EPORT R Spring 2009 VOL. XXX, NO. 2 Records sunny side up For Sunshine Week, SPLC conducts audit of college discipline systems for open records, Page 6 INSIDE: A rutgers University project lets high school students openly report about sex, page 1 AND: Covering touchy topics, like gay marriage, can give student papers unwanted attention, Page 28 Student Press Law Center EPORT INSIDE Spring 2009 VOL. XXX, NO. 2 R LEGISLATION PUBLICATIONS FELLOW: Liz White Students take their fi ght to legislators ...................... REPORTERS: Jaclyn Hirsch, Kate Maternowski, Lisa Legislation in brief ...................................................... Waananen CONTRIBUTORS: Krista Gesaman ACCESS COVER ART: Jack Dickason COVER STORY: Seeking college records ........... CONTRIBUTING ARTISTS: Lisa Waananen Sports reporters can fi nd stories in records .......... CONTRIBUTING PHOTOGRAPHERS: Josh Moore, Sam Hogerton, Cory Burkharth, Juan Blas, Brandon Davis, David Access in brief ........................................................... 10 Ghan, George Providence II, John McLellan, Matthew Ziegler HIGH SCHOOL CENSORSHIP Newspapers and yearbooks share missions ..... 11 Th e Student Press Law Center Report (ISSN 0160-3825), Landmark cases change schools’ policies ......... 12 published three times each year by the Student Press Law Center, ............ 1 summarizes current cases and controversies involving the rights Sex, etc. magazine gives students outlet of the student press. Th e SPLC Report is researched, written and Obama’s election sparks speech curbs ............... 1 produced by journalism interns and SPLC staff . Authorities censor for any reason ..................... 1 Th e Student Press Law Center Report, Vol. XXX, No. 2, High school censorship in brief ............................ 1 Spring 2009, is published by the Student Press Law Center Inc., 1101 Wilson Boulevard, Suite 1100, Arlington, VA 22209-2275, FAQ (703) 807-1904. Copyright © 2009 Student Press Law Center. SPLC’s lawyers tackle most-asked questions ..... 20 All rights reserved. Yearly subscriptions to the SPLC Report are $15. Contributions are tax-deductible. INTERNET Seattle Pacifi c students fi ght for archives .............. 2 Parents worry about cyberbullying ...................... 2 Internet censorship in brief ................................... 2 COLLEGE CENSORSHIP Alternative papers off er new voices ........................ 2 EXECUTIVE DIRECTOR: Frank LoMonte ..................................... 2 LEGAL CONSULTANT: Mike Hiestand Image a priority at HBCUs ATTORNEY ADVOCATE: Adam Goldstein Covering sensitive issues can be touchy ................ 2 OFFICE MANAGER/OUTREACH: Sunjha Hattin Newsroom turnover exposes vulnerability ........... 0 DEVELOPMENT DIRECTOR: Beverly Keneagy Brown College advisers in brief ........................................ 2 CORPORATE BOARD OF DIRECTORS College censorship in brief .................................... Javier J. Aldape ● E.W. Scripps Company, Chicago, Ill. Caesar Andrews ● Detroit Free Press, Detroit, Mich. (retired) COLLEGE FUNDING ........... A.J. Bauer ● Freelance journalist, Quincy, Mass. Independents consider options for funds Jerry Ceppos ● University of Nevada at Reno Newspaper theft in brief ........................................ Pat Carome ● WilmerHale, Washington, D.C. Virginia Edwards ● Education Week, Bethesda, Md. LEGAL ANALYSIS Angela Filo ● Eastside College Preparatory School, East Palo Alto, Calif. Challenging a school suspension ........................... Maureen Freeman ● Newseum, Washington, D.C. Robert Garcia ● ABC News Radio, New York, N.Y. Richard Goehler, Esq. ● Frost Brown Todd LLC, Cincinnati, Ohio Tonda Rush, Esq. ● American PressWorks Inc., Arlington, Va. Frank LoMonte, Esq. ● Student Press Law Center, Arlington, Va. For more in-depth coverage ... Check out the SPLC online at www.splc.org. Rosalind Stark ● Radio and Television News Directors Foundation, Reston, Va. (retired) This month you will fi nd more briefs, and Mark Stodder ● Dolan Media, Minneapolis, Minn. all the documents from the SPLC’s audit for Sunshine Reginald Stuart ● Th e McClatchy Company, Silver Spring, Md. Week. Online you will also fi nd more information about Mark Witherspoon ● Iowa State University, Ames, Iowa newspaper thefts and more updates on stories. Mike Goodwin ● WikiMedia Foundation, San Francisco, Calif. Organizations for purposes of identifi cation only A MESSAGE FROM THE SPLC REPORT STAFF Punching holes in FERPA secrecy o recognize “Sunshine Week,” a nation- Liz White, McCormick Foundation Publica- al commemoration of the vital impor- tions Fellow, graduated from the University of tance of transparency in government, South Carolina’s School of Jour- Tthe journalism interns at the Student Press Law nalism and Mass Communica- Center conduct an annual “compliance audit” tions in May 2008. She worked at the student newspaper, the to test whether schools and colleges truly honor Daily Gamecock, in various their duty to disclose public records. roles including editor-in-chief, This year, we focused on the disciplinary and was a part of the inaugural mechanisms maintained by colleges and uni- staff to take the paper daily. She also worked versities to pass judgment on student miscon- at the campus magazine, Garnet&Black, and duct complaints. We did so because these dis- the journalism school’s newspaper, Carolina ciplinary systems at times handle cases of great Humboldt State University students Octavio Reporter. public importance in secrecy. While the public Lopez Raygoza and Ashley Bailey review responses to FOI requests from universities probably thinks of a “student conduct” infrac- while working with SPLC’s sunshine project. Jaclyn Hirsch, spring 2009 Scripps Howard tion as sneaking a beer in a dorm room, in fact Foundation Journalism Intern, is a senior jour- PHOTOS COURTESY OF TORREY HARTMAN many conduct boards handle serious allegations nalism major at Quinnipiac University. Jaclyn couraging. At college after college, student jour- is currently the managing editor of the Quad — including rapes — that would be punishable News, Quinnipiac’s independent as felonies if referred to law enforcement. nalists are being told that very basic information paper that she co-founded, and To achieve nationwide coverage, we teamed in which there is no legitimate privacy interest is President of the QU chapter with journalism students at three schools — confidential under FERPA. of the Society of Professional Humboldt State University, the University of Just recently, student journalists at Ocean Journalists. Previously, she was Wisconsin at Milwaukee and the University of County College in New Jersey were refused the campus news editor of the North Texas — with a reputation for aggressive access to information confirming whether in- Chronicle, the official Quinnipiac newspaper, journalism. We thank professors Marcy Burst- dividuals actually attended the school. College and editor-in-chief of the Mount Ida College iner, Jessica McBride and Kathie Hinnen for officials claimed that this information — which Voice. Jaclyn covered high school censorship, most colleges give out routinely — is confiden- advisers and advertising for the Report. throwing themselves into this undertaking and guiding their students through what at times tial FERPA information. Kate Maternowski, spring 2009 Inglehart was a frustrating search for answers. Student journalists at the University of Wis- Journalism Intern, graduated from the Uni- The results of our team’s reporting are fea- consin at Milwaukee decided not to take their versity of Wisconsin at Madison, where she tured in this issue’s cover story (see page 6) and school’s unfounded invocations of FERPA lying majored in English. While there, she spent on our Web site. We hope that we have kindled down. Editors of the Post and for the broadcast three years with the university’s independent greater interest among the student journalists program PantherVision are asking Wisconsin’s student newspaper, the Badger Herald, on these campuses — and others nationwide attorney general for a ruling that student gov- occupying various positions — in asking tough questions about the nature ernment records are subject to disclosure under including editor and editorial of cases being processed through secretive “cam- Wisconsin’s sunshine law. And SPLC volunteer board member. She plans to at- pus courts,” and whether these mechanisms best counsel is working with Post Editor Jonathan tend law school at Notre Dame Anderson on seeking a broader resolution to in the fall. Kate covered college serve the interests of public safety and justice. censorship, advertising and One heartening result of the audit was that that school’s misapplication of FERPA. advisers, newspaper theft, and legislation for relatively few schools invoked the false justifi- With your support, the SPLC will contin- the Report. cation of the Family Educational Rights and ue to be the leading advocate against runaway Privacy Act to decline open-records requests. secrecy of school records. We encourage you to Lisa Waananen, spring 2009 Scripps Howard Almost all schools we surveyed understood that let us know whenever you encounter a FERPA Foundation Journalism Intern, is a graduate FERPA confidentiality applies only to indi- roadblock, so that we can continue building the of Washington State University, where she vidually identifiable student records, and not to case to help Congress understand the urgency majored
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