Iowa Expression Law Loosens· Hazelwood's

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Iowa Expression Law Loosens· Hazelwood's Fall 1989 Vol. X. No J .. Iowa expression law loosens· Hazelwood's - _. _- _ •._ ---, EDITOR CONTENTS Jennifer Messenq(';f Universi tyof k� ....v", COVER STORY ASSOCfATE EDITOR Carolyn H0�ig Iowa journalists stomp on . .... .. ... 4 Arizona Stllte Ur>,,,e-rs,!\' Hazelwood . ... .. WRITERS LEGISLATION Vv'e i'dv Cf5,Qn Sta:yf�:."'d s .......t' Law New Jersey's 43·sponsor bill survives .......... .. ... 7 ,,� . Elz8 M. Blanchard Hawaii ....... .............................. '0 Northern UniversIty ��'",,, SGh�_;.:::: bI ll ends in veto 7 COVER Legislators gamble on Nevada btll . .. ..... ....... 7 Jack Dickas0r, lllinolS biU misses de.adli ne . ... ... .. ... .. .. g .... - , ART good f r Kansas hill . ..... .... ..... Ben Sur' QT8ff M�h;S(j Koval Outk)ok o . " ......... 8 WayneCnum Pet,:>" Ot)erdorfer Sponsor kills Rhode Island bi l Mike v TOfnrr'l' :hompson l .........." .............. 8 Cor abroad push fo r legislation ... .. " ..... .... 9 Jim Dh . ; AC<!fn Ven It...'yl< Studenls . BruceYoung CENSORSHIP ex" 'cu tive director blasted . .. ....... '- cadman JSU columnist fo r UFO satire . 10 ive assis rant Na val Acade my magazine ba nned ... ... " ........... 11 , Patte rson Pregnant Te xas valedictorian's slOry CUI .... .... .12 d of Directors New review policy at . ...... .... Mary Hires Ohio high school 13 AI L8r(;8 Self-Imposed prior review falls in Indiana . ....... 14 CoorrtYCt:>lI 'f}�OfMQrrls Spicy (;Omments ..... ... .. .. - Fl.8r}(;--o!pn . f"!iJ killMaine paper . .. 15 L:)Ui" E. 'rlgalhart Ohio yearbook contenl ... ... Em<>riw5 recalled fo r sexual 16 Dbpr. af J?(.mt!ii!dM aa/J Stete Ur.ivr?siry· COURTS . ' . Mun".VJ. IN Rk:h8rd -.Jch.ns .. .. .. .. "'; East suit fa des away . .. OI.JiJi end $c...'tJII :. LA. , ............ 17 . lowe ChY. iA Indian Leader lost in fog ..... .... .. .... ... ..... ... .. ... .. 18 Jpne E i( irt!ey. E Eye opened by Canada court. .. ... ..... ...... 20 Commirt R('d . of r;>tr Pr"'!<S . ,,' Taranto SCtllcs witb . .. ... ............... ..... ... 21 . .s$I>/."'(Jt.pn. ;;X; CSUN . · Dr. Lillian Lodge Kcc BROADCASTING AI L ,':. ofComr , In rarne I Florida ra di stalion outshines ... " ......... 21 Nonh J� i61 .• o CBS ends investigalion........ .... ... ... .. .. Philip Ae ." FCC UCSB . ,2;! of P'of/3s"ic. - liberty radio h s s expelled..... ... .... .. ... .. .. ... ; " • Sk:JP.rt::J DCI(f!: o t 23 .' ·.,i.George WD 9."'nfil<X> '" . '" .' ,. ' Wlt shlfl�lro". DC CENSORSHIP .' .' " "" 0',' • Y" • Rolnick, ,- � , W.Va. edi or weathersracism c1aim . .. .. ... .. ... 24 .' red Ca, ' . t . Mir; "<lspolit? Campus papers fight racism charges . ... .. .. Laura Schs . 25 urf::l/:$ S OUfJl Colvmfjie Scoot Punishing racist speech in . ... .. ... � sc AOVtS8',S, Wisconsi n . 28 Dr. Tom EVft�J'lOA Sand Sp nr>g'll &!Inc Springs, !.. LEGAL ANALYSIS o.pr�� Dr. Alb€r1. Scr ry .... ...... .. .... ... ..... ... r�UM« AI Keeping confidentiality lJ . .. 30 � PA Colt6fl<' of . E q: I.)n:V8rSi:,;'0 f ADVISERS Mar1c GoodmSPlC n. Columbia. w�.'oc Dr. Kenson Siver ASSOCIation Supporters back fired Indiana adviser ............. 36 Nancy l JoumtIll5m £Oucmion. Gfeerl :" SOUtil l ; . : . _ Schools Ar . SOi.t"h .. MI Principal tri es to Eve ... ..... ... ...... 37 � ' blind Eagle 's . E ·,iJ nd J . Sullivan adVIser quits in protest ..... .... ........ ... ....... 38 ... 'bie SchoJ{J�'t/c OhIO . Prf>ssAS9ocie'tYor, f'J1J .... 'f 0.'1{•. 'J Y ADVERTISING O"':.at1_tb... ... forpurposes :;...,- :·,1#:-!"':i�f{ca::j()r- only caBs fo r alcohol ad ban . ........ ........ .. ........ 39 "'.i ·,- Koop Th e Reporr .'., Term papers fo r at .... ....... .. .. SPL C sale? Not CSU .. .40 SPLC tn.-toe 1�r.J(;S each ye.arb)' V. OI60-382S), pubfi3hed tile Srudc.nl . Lilw • SUIBI1UIlUe!i Cl!,-rrn: contTo"e�ies PHOTOGRAPHERS \'01 ' Illldall The SPLC Rej}{ln i, rt,�"rci!t,.�. written and PrcsI rigbtl. and law �ilJ(\e1t� interns . produ<:ed y by jolltllalism Maryland principal smashes car . ... ... SIUiknI La� Center VoL X, N'.' . 3. FSoi! ;989, i, photo .4 1 Repon. Missouri student ket'ps from police . ... .... 42 , Press LawCen ter, SUlle 5i. J4. )i-,� pubhsbed by. [,e Streel, fil m . NW. w DC 20006 466·5141 {'opyr;<!,h� © (202) 19S9, VIEWPOINT Srucknl Pras Law Center. All rishts rescrve.d. Y�ddy �ub�oiptions 1.(\ the SPLC Rrporr Ire SI5.00. AU coctribul!ons M� ,;LX d'·" . .J!.'tihic. A IU ·onkr fOr'm appeanon page 4;. Publicationsg\.1ides offer . ...... ... .., ....43 . 'pIio . ' protection . ,'" . " ' -_ _---._-._-- ---_-- -".-..-... _- .. -. ..-:'-- -- ::-. ==================� 2 $PLC Report foil lQ89 ROUNDUP - Student journalism entered a new age this spring Based on the comments that the Nevada bill's wben the governor of Iowa signed into law a bill opponents made in senate testimony, their assess­ protecting student free expression rights. ment seems to be that if given the freedom, high Not that Iowa was the first state to iMtitute school students wiU express views in their student statutory legal protections for student expression. publications that malign religion, endorse liberalism California has had such a law on the books for over and encourage abortion. Fear of that outcome was 10 years, and Massachusetts made an existing optier the motivation for their vocal-and, at least for now, nal statute protecting student free expression manda­ successful-protest against the proposed law. tory in July of 1988. What these people in Nevada failed to recognize is But Iowa is the first state to draft its own piece of the very essence of the First Amendment and what legislation in response to the Hazelwood decision free expression is all about. The restrictions on and to persuade a majority of the state senators and student press freedom embodied in the Hazelwood representatives as well as the governor to adopt it. decision are already working against them just as More importantly. Iowa passed student free ex­ surely as they anticipate a student free speech law pression legislation largely as a result of the efforts would. We have reported in the Report in recent made by high school and college student journalists years about students at schools across the country and their faculty advisers. Because of massive lobby­ who have attempted to include positive material ing efforts coordinated by the Iowa High School about religion, conservatism and the pro-life Press Association, Iowans can join students in Cali­ movement in their student publications and have fornia and Massachusetts in saying, "In our state, been censored from doing SO by school officials. The Hazelwood does not apply." Student journalists and Nevadans could profit from thinking about the high advisers around the nation can feel proud of that school yearbook staff that was not allowed to run a effort. photo of a Christian student group or the student The achievement in Iowa creates a marked con­ newspaper editors who were not allowed to publish trast to the experience of those proposing student opinion pieces advocating the return of prayer to free press-protecting legislation in Nevada. In Neva­ schools, the sinfulness of abortions or the importance da, a bill introduced this spring died in the state of U.S. aid to the Contras in Central America. senate in June. In Iowa, the proposed legislation had Free expression protections - and censorship - few vocal opponents outside of the legislature. In cut across all political and ideological boundaries . If Nevada, opponents of the legislation were legion. one is not willing to suppon free speech protections, In addition to tbe expected negative reaction from she should accept that the views she espouses will be, some school administrators and their representatives. sooner or later, the ones that are censored. the strongest words against student expression pro­ In Iowa, the battle for student press legislation was tections in Nevada came from religious groups. not a partisan one. A bill championed by a Demer organizations that labeled themselves conservative eratic senator was signed by a Republican governor and groups that are against abortion. and became the law of the state. In Iowa. quality To some, these were surprising opponents. One journalism education and the importance of teaching might not expect religious organizations or true young people to be responsible citizens was the conservatives to object to a bill that would limit motivation for their law. The Student Press Law government restrictions on individual expression. Center will not be surprised if in the years to come One might also wonder how being against abortion other states, perhaps even Nevada, foLLow Iowa's relates to student journalism at all. example.• versit),. He ho lds the where she is studying jo'uma­ The Report staff distinction of being the.- first lism. She fn::danccs for the Doi­ Alaskan to penetrate the ly lou'all and works on a SPLCs sanelUm SOIll."wnm,. nc\\"slctlcr for the Iowa High Elza M. Blanchard is a third­ Carol)'o Ho111 will graduate School Pn's� Association al the )'ear student al Ohio Nonhern in May 1990 from Arizona II of I. She wants to work for a Universily Law School. A 1985 State Universit}' Wlrith degrees in newspaper or Iint.' ans mag­ graduate of Kent State Univer­ journalism and German. She is azine and i� thinking aboul sity in Kent. Ohio. she hopes a staff member at the ASU going to la\\" school. "re life in Ihe al world" is 85 daily. the SIOlt' Press. She hopes Wend)· Olson is a third-year decadent as Glenn Close's in to pursue internalional studies student at Stanford Law SChool. "Dangerous Liaisons" (minus at graduate school in Washing­ A 1986 m.'w'!o-cdilonal journa­ the eighteenth century duds). ton, D.C., with an eye toward lism l!radu:ltc of Drake Univ-c.r­ Mike Hiestand is a second­ international journalism in Eu­ �ity in Des Moines. Iowa. year sllJdcnl at Comt'll Law rope.. \\lcnd� plans 10 practice media School. He rc-cci,,'oo his journa­ Jnnlfer MHseJlltr is a ju­ and cornmUni(alion� law-and lism dearec at MarquC'lte lIni- nior at Ihe- Universitv of Iowa to playa 101 of tennis.
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