Fall 1989 Vol. X. No J
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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
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"'!/."'(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
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;
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.
Fa. 1989 SPlC Report 3 ...
COVER Iowa rattles Ha zelwood
New law puts editorial power back in students' hands
lOW A-The barrier created by bill with this new amendment, fe nd people, what kind of lesson is Hazelwood is being broken down, and Gov. Terry Branstad signed that fo r later in life?" at least fo r student journalists in the bill into law on May 11. The new law guarantees public Iowa. Branstad's press secretary Dick school students the right to exer High school students across the Vohs says the law will help stu cise freedom of speech except country have watched administra dent journalists understand their when that speech is obscene, libel tors take away their press freedom rights and responsibilities. Vohs ous or slanderous or will incite since the Supreme Court's damag said he met with student editors at students to break the law, violate ing 1988 landmark ruling. The the beginning of the legislative lawful school regulations or cause Iowa legislature recognized stu session and fo und that they were "the material and substantial dis dent press rights in May with a unsure of what guidelines they ruption of the orderly operation of new law that puts editorial power were supposed to fo llow. the school." back in the hands of the students. Prior restraint by school offi Iowa is the third state to enact cials is prohibited unless the a fr eedom of expression law, join material in question violates one ing California and Massachusetts, of the provisions above. Originally but is the fo rerunner in drafting the bill placed the burden of proof legislation specifically in response upon school officials who wanted to Hazelwood. Iowa's new law is to censor students, but that point based on the California law. was erased in the Senate Educa Student freedom of expression tion Committee. legislation was first proposed in The law provides exceptions to Iowa in 1988 but died in the the ban on prior restraint, and this House Education Committee. Sen. could be dangerous, says Rep. Richard Varn, D-Solon, sponsored Michael Connolly, D-Dubuque. the bill in J 988 and reintroduced He proposed an amendment re it this year with Leonard Boswell, stricting all prior restraint and D-Davis City, and H. Kay Hedge, making students liable fo r what R-Fremont. they write, but his suggestion The bill sailed through the Sen fa iled 51-31. ate, passing 35-12, and did equally "[Permission to censor material well in the House, passing there meeting one of the restrictions] 79-14 after the House voted to will be defined by the school ad add an amendment clearing the ministration," Connolly said. school district of civil liability in "[The law] will help clear up "The principal can say, 'You can't the event of a lawsuit. Under the any shadowy orders fr om school put that in because I think it fa lls amendment, student expression administrations to student edi under one of the exceptions.' " "sha1l not be deemed to be an t01'S," Vohs said. "It will give a Because the school district is an expression of school policy," and clear understanding of the rights arm of the government, it should only students and their parents of fr ee speech and free press and be prohibited from abrogating stu can be sued over stories published the limitations when those rights dents' expression rights, Connolly in school papers unless school infri nge on the rights of others in said. Although Connolly does not employees have interfered with or cases of libel and slander." think the bill allows students altered the content. The new law is important, says enough freedom, he voted fo r it This amendment creates a bal Yarn, because allowing students to beCause it was "better than the ance between students and the cover controversial issues helps status quo." administration, Yarn said, because them learn fro m experience. Connolly says he will introdUce it makes students more responsi "Writing controversy and get legislation next year and every ble fo r what they write and re ting heat and flack and creating year after to eliminate all fo rms of moves the incentive fo r school discussion is educational," Varn censorship and bring the law boards to tinker with student pub said. "If students are taught they "closer to Tinker. " Tinker v. Des lications. can't cover controversial subjects Moines Independent School Dis The Senate voted to accept the in school because they might of- trict is a 1969 Supreme Court case
4 SPLC Report Fall 1989 COVER
that extended constitutional rights of free expression to students and prohibited administration control over student expression except in cases of material disruption of classwork. substantial disorder or in vasion of rights of others. the Under the new law, student editors of official publications are to assign and edit the news, edito rial and feature sections of the paper. An adviser's job is to serve as superviser of the publication to maintain professional standards of � English and journalism. !�_ Each board of directors of a E
public school must adopt a writ- , I� ten publications code under the _'2 new law. The code must be avail able to students and their parents. Individual schools can still adopt . �f' "otherwise valid rules relating to 4��)cj,,-� .. " r /,-"'.1'/ 1 oral communications by sludents "\ l�. / \. ' ,_, i.#:'''/ L./- _i;""---1!C_IV1{i./t/·v__ / _/� 1...1' ___-"" I Vl'��'" :�f�'" II,J upon the premises of each control adminislrators have, Iowa the "Iaundry list" was dropped. school." High School Press Association Ex He says it will probably take a The Iowa Department of Edu ecutive Secretary Mary Arnold court decision to determine how cation is required to draw up a said. broadly the law applies. model code for school districts 10 The original bill protected bul The Iowa High School Press use as their policy or as a guide in letin boards, petitions, buttons, Association, ICLU, Iowa State writing their own code. Kathy badges. theatrical and musical Education Association, Iowa Li Collins, legal consultant for the events whether or not these means brarv Association. Freedom of Iowa Department of Education, is of expression were supported fi lnfo�ation Council and Quill writing the model policy with the nancially by the school or used and Scroll Society were instru help of olher attorneys. profes school facilities, but those guar mental in passing this year's sional journalists and administra antees also were stripped away by legislation. The IHSPA formed tors. the Senate Educalion Committee. an ad hoc committee shortly As the law reads now, students Varn said this move was "nitpick after the first attempt at an have the right to exercise "free ing on legal concerns" and was expression bill failed 10 con dom of speech, including the right done to make school boards more vince professional journalists of eltpression in official school comfortable because they found and opposing legislators Ihat the publications." Collins says this is the "laundry list" legally ambigu bill was not dangerous, unneces ambiguous and unclear as to ous. sary or useless. according to ., whether all speech is protected or The Iowa Association of School Arnold. just speech in school publications. Boards objected to the "laundry Those opposed to the bill relied ·'It appears from specific sec list," Phil Dunshee, government largely on the argument that such tions that it is directed only to relations director for that organi legislation was unnecessary in Iowa. publicalions, but some provisions zation says, because Hazelwood look like all expression is pro dealt specifically witb student ··We would have preferred no tected," Collins said. "If I was a publications. The board thought legiSlation," Dunshee said. "There practicing attorney. I'd probably the bill should only address stu is no significant problem with encourage a student to use this dent publications because other regard to censorship in Iowa. law to go after something like a There was no retrenchment by cases such as Tinker had already ban on a cocaine T-shirt."' given (he administration guidance officials after Haze/wood" The law defines official publica on its role in student expression, Some members of the profes tions as "material produced by Dunshee said. sional media were nol supportive students in Ihe journalism, news of the bill, saying it could restricl Mark Lambert, legislative coor paper, yearbook or wnting classes dinator for the Iowa Civil Liber the rights of student journalists and distributed to the student ties Union, agrees that the law is rather than expand them_ body either free or for a fee." This "somewhat ambiguous" and said An editorial in The Des Moines definition makes it clear what the ICLU was disappointed that cOnItllued 011 page 6 Fall 1989 SPlC Report 5 COVER
exercise censorship rights, they dress real issues." continued from page 5 when last year's legis have the right to pull material Lambert says the law provides Register lation was proposed criticized the they do not like. a level of protection to students bill because it alJows censorship of Student Press Law Center Exec both by limiting the administra materials which are libelous or utive Director Mark Goodman tion's censorship powers and by slanderous, obscene or disruptive says that attitude by the commer giving students the opportunity to but leaves the decision of what fits cial press is shortsighted and only appeal administrators' decisions. into these categories up to the compounds the problem fo r stu "There's a tendency of adminis pri ncipal. dent journalists. trators to want to control every "[S]tudent journalists should "The irony is that these same thing in their buildings and that exercise their First Amendment editors will be whining about the tendency won't go away because rights, not ask fo r them from their timidity of young reporters who of the law," Lambert said, "but it principals or the state Legis have grown accustomed to such sends a message to the administra lature," a March censorship when they come to tion that they can't engage in 25, 1988, Regis editorial said. work fo r them," Goodman said. censorshi p and gives students ter There were no editorials on the Although Rep. Connolly be some recourse if they are cen law in the this year, but lieves the law may not have much sored." Register deputy editorial page editor Dick practical effect, it is important as a Censorship problems appear Doak says this is because the issue message to administrators that the not to have increased dramatical ly in Iowa since but "fell through the cracks," not be legi slature is concerned about Hazelwood, cause the paper's opinion changed. censorship, he says. Legislation the IHSPA's Arnold says that "You can't legislate rights," was necessary to block the tem pta since the deci sion came down she Doak said. "You either have them tion to school administrators to has received more cal ls from ad use to control what visers asking fo r help and advice or you don't. The student press Hazelwood must have a wide latitude or the goes in the papers, he said. on what they can print and wheth kids won't learn anything, but this "Hazelwood gave the adminis er administrators' censorship should come from wise policy, not tration broad discretion to deter threats are valid. constitutional law." . mine what goes in school papers/' · The bill will be effective in Students who are being cen Connolly said. "If you want stu- · removing students' fe ars that they sored should start their own pa dent papers to deal with the issues will be censored and as a result pers because Hazelwood does not of the day like AI DS and teen will cut down on self-censorship, apply to independent publications, pregnancy, you have to let fr ee Arnold says. Doak said. The says the dom take. place. The paper should "It's a vote of confidence in Register prepare students fo r the students," Arnold said. "We're publisher of a school paper is the real principal, and Doak says although world. They have to learn to make delighted with the bill and happy their articles meaningful and ad- to have the legislation." principals would be "unwise" to • Other states fail to enact freedom of expression bills
Iowa has set the pace fo r other states to fo llow in enacting student fre edom of expression bills but remains the only state to enact legislation this year. Other states' bills have been killed or died quietly while legislators concen trated on budget issues at the end of their sessions. The press of other business smothered Oregon's expression bill; it died in the House Educa tion Committee in May. Legis lators plan to reintroduce the bill next year. After fa iling to pass an express ion bill last year, Wisconsin legis lators did not introduce another Ohio state Rep. Judy Sheerer, plans to introduce it before the bill this year but are drafting one D-Shaker Heights, has agreed to two-year sessIOn ends next year. to introduce next se ssion. sponsor an expression bill and • 6 SPLC Report Fall 1989 LEGISLATION -
from the paper, so a principal waii and U.S. Constitutions. The 43 co-sponsors maintain should, 100. I mpreveduto says right applies to "various modes of that power should rest with the expression, including speech ano New Jersey legislation student editor and faculty adviser, written communication." Under
NEW JERSEY - Although New not the principal. the bill, students who expressed Jersey's student freedom of ex "We w ant to put the authority themselves under this policy pression legislation is still sitting with them and make sure it stays would not be assumed to be ex in the Assembly Judiciary Com with them," Imprevedulo said. pressing school policy and school w mittee, where it was introduced "The student editor, overseen by officials ould not have been held last November, primary sponsor the faculty adviser, is l ike the responsible in any civil or crimi Assemblyman Tony Impreveduto editor of a professional paper." nal action for a student's exercise u . says he is confident the bill will ImprevedUlo was unsure how of the rightsg aranteed in the bill pass before the session ends in the Senate would react to the bill Waihee said he vetoed tbe bill JanuaJ)' 1990. but did not anticipate any prob because "the United States Su Most of the members and the lems in getting it passed before preme Court concluded (in Ha chairman of the Judiciary Com January.• zelwood] that high school s mittee are among the bill's 43 co students' right to free expre sion sponsors, so lmpreveciuto says be Governor of Hawaii was not so unfettered as to pre is confident the bill will pass out vetoes expression bill clude school officials from con of committee. When the bill, trolling the content of student based on SPLC Model Legislation, HAWAII-After sailing through publications in order to ensure an goes to the floor of the Assembly, the House and the Senate, a free environment conductive to learn it needs 40 signatures 10 pass. If dom of expression bill in Hawaii ing." all the sponsors vote for the bill, it ran out of wind in the final stretch Although he said students should "sail v o er to the Senate," when it was vetoed by Gov. John should have constitutionally pro Imprevedulo said, Waihee in June. tected rights of free expression, Some members of the commer The bill wo uld have given pub Waihee said he thought a policy cial media have objected to the lic school students the right to adopted by the state department bill, saying professional editors freedom of speech and peaceful of education offered sufficient pro have the power to pull material assembly as provided by the Ha- tecti on to student journalists .•
· Pr��" backing/do·e's nQt,�a ye 'N�vadabill , >.�:i�' : . . • _ _ .J .': :�; . ...."{.v. ._ � l\!EVAD -D pite a trong "how of upport . June�tie8nng while nl even asked 10 speak iQ�,;;. · ' from profe ional joum3h�ts, Nevada' 1udent , UPD n. Bishop id the bill's chan('e wcre·; also :," . . freedom of xpres�iol1 bill ulcd on me floor o !.he hurt becau ' the legal counsel s upponing'lihe bill, Senale in Junc. ,,+ wa not allowed time t reca p lti.s a rgu o1" cn t and . . .. \. Sen, Sue Wagner. R-Washoe, inl rodu ;) bilJ , � � .'. an wer qUC5tions. '." :: " " ::: , . ' . .. ::; : :; : baSt'd On !.he C.alLf>l.,rnia err" c; pr t('('ted by Ihj� bill will be I e ada' future La pay r • righ ." ommUnity m mber Ina �ag- nl'\\Spayx'r. nUIg Fall 1989 SPlC Report 7 L EGIS liONLA ,KANSAS - The Kansas student 111., Kan. legisJation to wait for next year; expression bill received one�and-a half hours of oral hearings in the Senate Ed cation R.I. biB returned to committee, dies u Committee in April, and although the committee ILLINOIS The Illinois board members added - student after school never voted on it, the bill will expression bill was not discussed mendme t that the a n s made bill remain alive until next year. before deadline in the House Edu- "hollow," according to Perkins. Because the Kansas legislature cation Committee and was placed This year the bill was based on is on a two-year cycle, bills with in interim study where it will SPLC Model Legislation and had no language changes can remain remain alive fo r legislato rs t re- to be rewritten before it o could be alive and in committee between examine or discard next i ntrod again. Perkins id session. uced sa sessions, according to Jackie Eng Candace Perkins, i n is that because Rep. Levin, D- U1 o Jour- Ellis el, executive secretary of the Kan nalism Education Association Leg- Chicago, has introduced the bill sas Scholastic Press Association, a islative Committee chair, said that close to the end of the session fo r supporter of I he bill. The bill because the ·bill was introduced in the past two years, progress has passed the House in March and the House Education Co mmittee been slow. will not have to return to the rather than the House judiciary Despite the failures of legis- House next session. Committee, it fa ced tougher critics lation in Illinois, Perkins says the Engel said the hearings were and stood good chance of de eat bill gets more state support and a f . encouraging, but because of "big She said she hoped the bil would the advisers roup becomes more l g money issues," the committee ran next year in the organi ed ach t me. be reintroduced z e i out of time and had to either table judiciary Committee rather than "We've fo und out how to get the bill or fo rce a vote. brought up again in the Education more sponsors next time," she "We could have pushed it Committee. said, "and we've also learned through and risked killing it, or "We have been in trOU- more about the would etiquette of legis- left it alone until next session. We ble if it had been voted on this lation." got caught in that last two-week Perki ns said. "The Educa- The wi l be year," SPLC-based bill l crunch, and there had only been tion Committee is very conserva- reintrod uced next year, and Per- oral hearings without time fo r tive. The members [of the 1( kins says she hopes to see it by review. We decided to wait," Eng judiciary Committee) are more 1t..!anuary 1990.• el said .• liberal. The biII passed unani-r " " J !I�'I mously there last year." \)V)I ! II J I II; Last year's bill, modeled (I RHODE ISLAND - Rhode California's student expressi ( I Island's student expression biII in the law, went on to die � was sent back to committee in May after a "general reluctance" by the public and lack of student support, Sen. Sean Coffey, D Providence, said. Coffey sayshe chose to send the bill back to the Senate judiciary Committee rather than fa ce an ad verse vote on the floor of the Senate. The bill then died in com mittee. Coffey says he will reintro duce the bill next session, but its chances of passing are slim unless there is an effort in the schools to promote the legislation. "The objections that the law would affect school discipline and the ability to control what hap pens in the school system are unfounded but they have stuck," Coffey said. "There has been no organized student effort to pro mote the bill. That is necessary and may appease the people who object to the bill.". 8 SPLC Report Foil 1989 LEGISLA liON - Checking press freedom at border? DODDS students petition Congress to limit official censorship of newspaper The censorship problems added school year, but says if she is, she WEST GERMANY-C ensorship will not let the staff start self--<::en� looks (he same, no maller where it up, and when staff members happens. learned of censorship at other soring. The staff discusses poten� Depanment of Defense Depen tiall y libelous articles and Students at a U.S. De partment dents Schools, they wanted to Mclaughlin says the final decision of Defense high school fo r miIi� know what they could do to stop on what to run is up to the stu tary dependents in West Germany are fighting censorship of their administration control of student dents. Youngman objects to the coverage of controversial issues newspaper by petitioning Congress publicati ons. In a section on ethics and press Mclaughlin's class and gives no reason fo r pulling to enact legislation to limit the law, administration's con trol. studied the Ha zelwood decision stories, Mclaughlin says. Their proposed policy, based and realized they could take ac ·'He's like a dictator," Mc on SPLC Model Legislation, is tion to limit its effects, Mclaugh Laughlin said. '"He says not to ru n si milar to the laws being suggested lin said. things because he doesn't like in many states. It would aff�t al l Staffmem bers started coll�tjng them. He doesn't give any law� Department of Defense schools. signatures in Apri l on a petition based reasons." supp0l1ing freedom of expression Problems at Gen. H.H. Arnold Youngman told High School in Wiesbaden started fo r students. Staff members ex� Slars and after Stephanie Mclaughlin took over as adviser in February 1988. Under her direction, the paper [The principal] says not to ron th ings because he do esn � like went fr om a six�page buttetin to a Ihl'1n. do esn 'tgi ve any la w- based reasons. He 36-page monthly covering contro adviser Stephanie Mclaughlin versial issues. In November 1988, principal Roger E. Youngman started a prior review system be� plai ned the SPLC Model legis Stripes newspaper that students cause he clai med teachers were lation to each person who signed should not be able to cover what being misquoted. Mclaughlin the pet ition, Mclaughlin said. At ever they wa nt because " the paper says. Since then, she says, he has the cnd of the school year, the is an extension of the school and killed at least one article each the school's philosophy." stall had collected over 1,000 sig month. natures and McLaughlin said she "I'm not certain that we should A student's quote that French was se nding copies of the petition be opening up a whole bunch of women "look sensual, walk sen to the DODDS director and sever controversy that isn't necessary," sual and smell sensual" was re al congressmen and senators. Stu Youngman said. "You're there to moved fr om the January issue dents at Gen. RH. Arnold asked portray the good images of the because Youngman said it would other DODDS students around the schooL" "offend parents in the cornmu� world to support the drive, and a Waking the student body and nilY:' school in Alconbury, England, the public up to the problems of However, many parents do not sent 80 signatures to add to the censorship will help the school the paper, Mclaughlin see says, petition. whether or not the legislation because most of the copies are Principal Youngman's passes, McLaughlin says. Her stu sold to students and with the censorship extended to the peti� dents are more confident of their exception of exchanges with other lion when he refused to allow rights now that they are fa miliar schools are not distributed outside students to coltect signatures in with the law, she said. the school. The paper is fu nded the main fo yer while the school Gen. H.H. Arnold does not entirely by sales revenue with no was bei ng evaluated by an accredi have a written pUblications policy school financial support. ta tion {earn. His opposition and although Mclaughlin has sub Mclaughlin says ideas were worked in the staffs fa vor, says mitted proposals to Youngman censored along with stories. Mclaughlin, by drawing attention several times, she says he has not Youngman killed anicles on 10 the drive and prompti ng the ac knowledged them. evaluation team to note lack of teachers' first kisses and a black "1 tell him about the laws [af student's charges of racism in the communication between adminis� fe cting the student press] and try National Honor Society just as trators and studenls as a major to develop guidelines, but he says reponers were starti ng research, downfall of the school. we don't need written guidelines," she said. You ngman was still in McLaughlin was not sure Mclaughlin said. "He says the Germany and could not be whether she would be named only guidelines we need are what reached fo r comment. newspaper adviser fo r the 1989-90 he te lis me." • Foil 1989 SPlC Report9 CENSORSHIP Legislators shoot down columnist for UFO satire ALABAMA-A satirical piece On April 20, Rep. Ralph Burke, totally overblown," Brooks said. mocking residents of a small town D-Fort Payne, sponsored a resolu .. It was a normal story for me, but that boasted numerous UFO tion in the labama House calling res n hadn't A I think the Fyffe ide ts sigh tings led to an attempt by fo r McGee to "exercise reasonable an se en my column before and didn't Alabama legislator to fo rce disci disci plinary action" against know what 1 wrote about. They plinary action against the author Brooks. Burke says student papers didn't know it was supposed to be of the column. receiving money from the school fu nny." Matt Brooks, a junior at Jack (the Chanticleer receiv 50 per es The issue was overblown and n l he cent of its fu nds fr om the so vi le State University, says univer complaints were directed to the got the idea fo r the article after sity) are an educational experience ys wrong people, sa faculty adviser repo ed s ghtings in rur l and should subje t to . rt UFO i a be c TJ. Hemlinger Fyffe neared 100in one night. The censorship by the administration. "It was a persoIlllI opinion col sightings attracted national atten However, court d,ecisions have umn and was labeled as such, " tion, and Brooks decided to visit made clear that censorship of stu Hemlinger said. "It was not a Fyffe the night the television de n t publications by public college news story; it was an attempt by a crews were there. officials violates the First Amend 20-year-old to write satire. Satire Brooks writes a humorous col ment. is difficult to write. He was aiming umn fo r each weekly edi tion of at one targe t and struck another. I the Ch anticleer, JSU's student understand people are upset, but newspaper. "It's a totally creative they've written letters aU over. d 't I outlet." he said. "1 on use the won 't ever The don't realize that the paper is journalistic method and 1 wri te independent of university con about anything. That week my apologize fo r what trol. " topic was Fyffe." n I write. Although Preside t McGee be Residents of Fyffe, a northern lieved the piece was inappropriate Alabama town of about 1,300 columnist and unprofessional and has hurt people, were outraged when they JSU's standing in Fyffe, the ad read the March column calling Matt Brooks ministration does not practice them "ugly with a capital U" and censorship, he said. "rednecks." Brooks said in his "If students practice free press o mn c lu that they only reason an ' The resolution would not have they should apply the same stan s w be e alien would vi it Fyffe ould carried th weight of a biU, and dards as journalists do in the to drink and that Fyffe residents would only have been suggestive r n " McGee p ofessio , said. "There would mistake a bar of soap for a in nature, Burke said. shouldn't be an absolute license. UFO. House rejected the resolu The There's a difference between li The day the paper came out tion 13·4 after House Speaker Pro cense and fr ee press. The students Brooks received an anonymous Tern Jim Campbell, D-Anniston, l s n need to fo low ethical ta dards of phone call with his fm t death spoke against it, warning of a the press." threat, Cyndi Owens, Ch anticleer possible lawsuit aga inst the uni One month after the article editor, sa id. versity if disciplinary action were appeared., the JSU communica "After that the situation just taken. tions board approved Owens for fe ll apart," Owe ns sa id. "The Alabama legi slature t her second year as edi or. The Two weeks after the co umn doesn 't have any business direct board r l also asked that Hemlinge president Harold ing the internal affairs of one of appeared, JSU read all stories before the paper McGee recei ved a letter fr om Sen. our fo ur-year institutions," Camp goes to print. Ulwell Barro n, D-Fyffe, calling bell said. "It's not our position to "I understand my preroga the article "crude and cruel" and mandate what the president tives," HemLi nger said , "As a requesting an official apology should" or shouldn't do. There's school employee, I can't say, fr om the university to the people also the First Amendment issue. ,. 'Don't d ' write that, on t cover of Fyffe. McGee's response was . l No further action will be taken, that.' That's censorshi p I wou d pUblished in a local paper and says Burke, an al umnus of JSU, only puU a story if I were con Owens wrote a column apologiz because "the message has been vinced it was libelous. Even if a ing fo r her fa ilure to edit more sent. " piece was blatantly unfair, I would conscientiously, but the pe ople of n tell them and work with them to The proposed resolutio at Fyffe sti ll were hap y. They c I but not p tra ted national attention to see what could do, I wanted an apology fr om Brooks, Brooks' article. "The (Associated woul dn 't pull it." but he refused to apol ogize. Chanticieer Press] picked it up and it was The staff will be C 10 SPl Report Fall 1989 CENSORSHIP - more conscious of the impact of what they write and the adminis tration is more aware of the rights Magazine sinks at Annapolis and responsibilities of the press as MARYLAND - A satirical stu tation of women," who make up a result of the controversy, Hem- dent magazine at the U.S. Naval 10 percent of the brigade of mid linger said. . Academy in Annapolis was shipmen at Annapolis. Playboy is "The administration realIZed banned after the superintendent not sold at the Academy. they had no legal fo oting if they objected to its parody of Playboy. The April e Fall 1989 SPLC Report 11 CENSORSHIP continued/rom pageJ J Story on valedictorian cut Fromkin would not comment on the discipline of midshipmen in Principal deems student biography 'too personal' volved and said the officer in TEXAS - Every year the Ya tes picked up on the censorship story. charge of the publication was un Times at Yates High School in Johnson said this angered Smith, t. available fo r commen Houston runs a story on the who wanted to silence Dixon's Fromkin said the First Amend school's valedictorian. This year, story to avoid negative publicity not an ment was issue in the ban. when the valedictorian was the and embarrassment fo r Yates, a The Navy ase would not rele mother of one child and pregnant public high school and magnet names of midshipmen for com with another, the pri ncipal cen school fo r students interested in ment, but several midshipmen sored the article because it was communications. Despite the con the Post told Washington they "too personal." troversy over her personal life, thought the ban was a form of The story planned fo r the April Dixon was still allowed to deliver censorship. issue of the newspaper included the valedictorian speech at grad "We're here trying to uphold details of valedictorian Carrie uation. democratic principles, yet we Mae Dixon's childhood. including After two months of ftghting to aren't even allowed to see the how she had been shuffled among publish the Slory, Johnson says an magazine befo re this decision is relatives since ber mother died edited version was submitted to made," one male midshipman and her stepfather deserted her Smith, who had not yet responded Post. told the and eight siblings. The article said when the Report wen t to press. Dixon hated her stepfather be Johnson says he seemed to be cause be made her and her si procrastinating so the story could Anytime you have a hu blings sleep on the porch and not be published before the end of mor magazine, you have teased her mother with his girl the school year. The second ver situations some don't fri end. sion is very si milar to the original Principal Chester Smith ob except many personal details and find humorous. jected to personal information references to Dixon's brother's Naval Academy about Dixon's fa mily in the arti g.irtfriend were omitted when she spokesman cle, according to Ria Griffin, di refused to sign a consent fo rm. rector of media affairs fo r the Johnson said she would keep try Jay Fromkin Houston School District. ing to get the paper published Smith saw the article during a even though school was out fo r prior review session and told the the year. Th e Log has drawn criticism in staff he would not allow it to be The controversy over the story the past for its satire of women published. Ed itor Shuronda Rob has created tension between the and blacks and fo r photographs of inson said Smith did not give her newspaper staffand other students scantily clad women. a ('sufficient" reason fo r his oppo and teachers, Johnson said. Smith "Anytime you have a humor sition but merely claimed the has requested that she be trans magazine, you have situations community would not allow the fe rred to another school. Although some don't find humorous," article to run. it would be difficult to stay when Fromkin said. The Times has been subject to Smith wants her out, Johnson says Reaction fr om women after the prior review since October when she is reluctant to leave the suc ban was mixed, and Fromkin was Smith. in his first month as princi cessfu l program and excellent fa unsure whether there are women pal, objected to an editorial that cilities. on the magazine'S statT. he said created problems. To pre Robinson plans to study journa The magazine has a circulation vent publication of anything "neg lism in college and may become a of about 5,000, Fromkin said. All ative" about the school, Smith journalism adviser. She says the midshi pmen receive the magazine, decided to review all material censorship experience has taught and about 500 people off the base before publication, adviser Thel her more about the "real world subscribe to it. Th e Log is funded ma Johnson said. and who is actually in charge." by money deducted fro m each Robinson was determined to Yates has a written publications midshipman's monthly pay anc:! run Dixon's story and said if it policy that establishes the Times by academy fu nding. was not printed, the paper would as a public fo rum and does not Shortly after the ban, 420 cop come out with a blank fr ont page mention prior review, Johnson ies of the magazine were stolen because "we put so much time said. Whether or not she stays at and distributed. Several hundred into (the story] and nothing else Yates, Johnson says she will go to copies have been returned and would fa ll into place:' Smith re the local media agai n if her paper although some are still circulating, fu sed to allow publication with a is censored and will continue to an internal investigation of the blank page. enforce the public's right to thefts was canceled in June. • Local and national media know.• 12 SPLC R&pOrI Fall 1989 CENSORSHIP - Ohio students challenge prior review policy OHIO-When two articles were omitted from a not gOlOg to have a newspaper and nobody's going to February issue- of Garfield Heights' student newspa know anything," she was quoted as saying. per after the pri ncipal and adviser disagreed on Now, she says the review by the assistant principal revisions, staffme mbers went to the school board to is in order because "someone should make sure fight the school's prior restraint policy. there' s nothing bad in (the pa per]." The written poli cy said principal James Rose had John Merbler, editor of Th e Mirror, agrees that the right to inspect Th e Mirror before publication the new policy is better. Before. the principal could and to address any concerns to adviser Glenn Jam pull anything he did not like, but now there is a bor. In February, Rose saw art icles about chemical chance fo r input and suggestions to help Rose decide mishaps and student "cut day" and called on Jambor what is best. "I think the new policy is more fa ir," to revise the stori es. After three meetings during Merbler said. "With the adviser and students there, which Rose asked fo r omissions in the stories, we'd probably win." Jambor decided to pull them rather than compro mise fa cts by printing the watered-down versions. The article on chemical mishaps dealt with an ammonia spill and harsh fumes from a sink in the chemistry lab. A school staff member was treated at a hospital after both incidents and several students Prior review says to students became ill after the second. At the time, Rose told simply that they aren 't the Cleveland Plain Dealer he wanted changes made in the story to clarify th at plans to improve lab safety trusted, that they have not had were routine and statewide, not triggered by prob lems at the sch ool . adequate training and even if Rose also wanted Jambor to delete some specifics in the article on senior cut day, such as the number they did, they 're not responsi of absences on past cut days, so readers would not be ble enough to make decisions. tempted to take part. When the two articles were censored in February, Rose was quoted in the Plain Dealer as saying that although be wants a good quality paper that deals SPRC chair John Bowen with substantial issues, the paper " should not reflect negatively on people and create negative publicity about our school." The censorship drew attention in a community where Jambor says press freedom is not a "hot issue" when several students printed and distributed the Although the students are accepting the new articles in an independent photocopied sheet the next policy, John Bowen. chair of the Scholastic Press day. R ights Co mmission of the Jou rnalism Education Students took the incident to the school board, Association and Lakewood, Ohio, High School news,:, asking fo r a less restrictive policy. As a result, Rose paper adviser, says they are " still mi ssing the point implemented a new system where assistant principal about what review is and does." Marlene Remesch looks over the paper before publi Prior re view detracts fr om the educational benefits cation. According to Rose, if Remesch and Jambor of high school journalism by making the students disagree on something, the issue goes to him. If he think their trai ning is not important, Bowen says. wants fu rther discussion. Rose can turn the item "Prior review says to students simply that they over to an appeals board made up of students and aren't trusted, that they have not had adequate faculty which then makes a recommendati on to him. training and even if they did, they're not responsible Rose says he is not bound by the findings of the enough to make decisions," &wen said. " Someone appeals board. else always has the final say." Laura DeLooze, the reponer who wrote the cen Rose says pri or review of the paper is important sored story on chemical mishaps, says this new because "it's not a newspaper like the Oeveland policy is better than the old one and that there have Plain Dealer. It's an extension of the school. rcs part not been any problems si nce it was implemented. of OUf curriculum." When her article was censored, DeLooze told the Although the students are allowed to argue their Plain Dealer . "You're that censorship was dangerous ConlinuMon page14 Fall 1989 Sf>t.CReport 13 CENSORSHIP conlilluedfro m page J J the side at a hearing, final decisi on still rests with the principal, Rose said. "Whatever happens in a build ing eventuaUy trickles down to the says principal," Rose said. Rose he is not censoring the paper to protect himself. "It's not a person al matter. It's protection of the best interests of the school and community. [The conflict over the policy] gets away fr om the pur pose of the paper, to teach journa PE RFECT A�, T/./£ lism and keep the students informed." ,lou Rt-.lA LI ST .I Even editor Merbler says review H[ ;)E£S NO E\/\L I by an administrator does not con NO , stitute ce nsorship. "They have the HEARS E.V1L NO right to wha 's going to go in, see t ANI:) RE/ PDR,1" S but they should be limited in wha t EV IL I-i�!HAl they can do to pull things," he \-\A! \-1A ! H--1 f said. A confrontation with Rose over prior restraint was inevitable, says restraint, Jambor willing to Jambor. iron hand by the administration. I is are opposite in our policies use my judgme nt and if ever work with the new poticy. "I don't "We I [for dealing with student publica fo und something wrong I'd work want to spend my energy on a tion]," he said. "The kids won't with them. The principal doesn't problem that isn't there," he said. learn how or what to publish if share these views." "If there was a (censorhip] prob they're being controlled with an Despite his opposition to prior lem, I'd fight agai n .• Principal revokes paper's self-imposed review policy Distribution delayed because of stories on Satanism - "[Oilman] was, in effect, local media and a sit-in by more INDIANA A South Bend high censor school newspaper's self-imposed ing by intimidating the staff," than 60 students to protest the Kovas said. "She had a right un censorship, Oilman released the prior review policy intended to stop administration criticism der Haze/wood to censor, but she paper several days late. backfired when an assistant princi must go on record as censoring.'- The chose not to cover the used her new power to delay The plan was to show Oil staff pal withholding and sit-in fo r the next the rough drafts of all stories distribution. man edition of the paper because OI When Riley High's assistant in the paper, but she insisted on lman requested that the conflict principal Joann Olmann objected seeing all the dra . Kovas said. be fts dropped. Kovas says the staffhon to a December spread on February, the paper planned to t 988 In ored her request in exchange fo r ll a meeting run a story on the reaction to the Satanism,she ca ed the abolition of the p or review with the staff and equated Satanism story that started the ri its policy. Oilman could not be paper, the Na controversy. Oi man saw the story The Review, with l reached fo r comment. and objected to several of her own tional Enquirer, adviser Marcia Quotes. After two revi ions, the The relationship between the Kovas said. Kovas proposed that s the administration either express paper went to the printer without administration and the paper OIlman's final appr oval. should p ove next year, Kovas fa ith in th e paper and stop censor im r ing it with pre ssure and ha The day the paper was to come says, because Oilman has been rassment or re view the paper out, OIlman announced there transferred to another school and would no d st but on because Riley has a new principal who has before publication to voice con be i ri i cerns. The administration chose she had not finished her review been supportive of student media process. After coverage by the prior review. in the past.. 14 SPlC Report Foil 1989 CENSORSHIP - Alternative paper's funding cut - Comments poking the Crossfire did not violate any fire was fo unded in as a MAINE fu n 1983 at Michael Dukakis, Jesse Jack one's rights. councerpoint to other campus son, women and homosexuals "We were just expressing our publications and organizations. It L nd rg "T e was the were supposed to increase read own view," u be said. h funded by Student Asso ership of a conservative student school fu nds the gay and lesbian ciation from the beginning, and nstead the outlandish association, and they've got their Enger said there had been no newspaper. I , November 1988 issue otTen ded means of expression. We gave a problems before the November student leaders so that they different viewpoint and t he school issue. Enger said he is not opposed much decided to ut the paper's fun ng. di n 't it. It was censorship. to the idea of an alternative view c di d like way it meant to There's not another word to de point on campus, but objects to "In a was what the "repulsive, unw anted " otTend," said Gregory Lundberg, scribe happened." arr of Colby Crossfire at 1he leaders of the shots the paper took at certail) editor the Because Crossfire signed an a greement say groups. We were just expressing ing they understood the constitu If an other gro up of students t n, E ger comes to the Student Association our own view... io n said cutting the We Crossfire 'S money does not violate next year with a request fo r m on gave a different viewpoint che free press rights of the staff. ey for the Crossfire. Enger says nd the school didn 't like "They knew abou c the they would probably be funded a guidelines before they wrote that aga in if they understood their "re it. issue," "We sponsibi ity . " Enger said. weren't l Editor saying they couldn't write what \ • J J Gregory Lundberg they wanted, we were saying we wouldn ' t fundthem." David Russe1i, editor-in-chief of when the issue Colby College the mainstream Colby Echo when came out. hadn't heard of "People the Crossfire 'S funds were cut, says our paper. We decided to throw in discussion of the issue would have th ings to cause people to react, to en more profita le th n simply get up in arms. We knew we be b a cutting funding and " sweeping th e � would offend people because our e -_ c.. views are not mainstream." (;7 Students complained about the d • issue to the Student Association's .. , Co of govemors, who t m board in u voted to withdraw the Crossfire's in fu nding. $700 The original intent was not to cut f u nding, says Marc Enger, whole under th rug." t issue e Money is no the issue, Lund Student Associacion president at "It would have more en berg says, cause the Crossfire been be the time. When Lundberg refused ligh ten ng fo r he school commu can support itse lf. Instead, the i t to print a retraction, though, Eng issue is the of cutting nity to be a llowed to read this fa irness 11fT er says there was no other choice trash and understand there are funding to a group because of its because the Crossfire breached the people out there who believe views. tudent Associatton constitution, "Th y could The November issue was the S this," Russell said. e which all sponsored clubs must have ycot ed the Crossfire only one of the school bo t and 1988·89 fo llow. Under the constitution, the t e c te the editors year beca use there was not enough ri d to edu a as to ducy of the Student Association is why what they did was wrong." time to raise fu nds and get orga to protect all students and their Enger says the paper caused an nized during second semester, but 'ghts, specificalIy mentioning uproar on cam pus, but Lundberg Lundberg says if an other issue had omen and homosexuals. Enger says the issue was b lown out of come out, circulation would have eys the comments in che Crossfire . proportion. increased d ramatically violated students' righcs by writing " he m o ty "We knew it would wide y T aj ri just read it and if be l slanted articles about the two they didn't agree they approached read," Lundberg said. "It was groups. us or laughed at us," Lundberg probably not a nice way LO [in lthough Lundberg understands said. select fe w blew ou crease circulation], but it worked. A "A it t of the Assoc iation's desire to protect proportion." We may have been off-color, buc the rights of indivi uals, he says The irr ula l published Cross- we were j ustifi ed." d eg r y • Fall 1989 SPLC Report 15 CENSORSHIP - Jeff Dltrcy Yearbook recalled at St. Ig natius OHIO-Spicy comments and sexual innuendos in a throughout the year and none of the book was read Jesuit high school yearbook were supposed to be by faculty before publication. The administration's fu nny, but administrators were not laughing when claim that the proofs were changed after approval is they confiscated all copies of the book. a lie, he sa id. St. Ignatius yearbook ad viser Milton Turner says "fA] serious investigation, including an inquiry he did not see the proofs fo r parts of the books, which about the role (or better, lack thereof) of the fa culty he sai d was "full of sexual underthemes" and was moderator is demanded," Sq uire wro te. "anti-Oriental, anti-black, anti-wo men and contained Calabrese and another statT member were not ho mosexual innuendos about the fa culty and several allowed to attend graduation and have not received students:' the notices of grad uation they were promised. Fa ther An article on go lf that made reference to a specific Robert J. Welsh, school president, says the two student at the al l-boys school was at the bottom of students did not graduate with their class because the controversy. co--editor Phil Calabrese says. He they were the only two of the eight senior staff did not write the article and wo uld not comment in members who did not apologize to the ad ministra detail on it, but called it "very bad al l around." tion, but Calabrese disagrees. Staff members were on their own fo r most of the "To me, the real reason we didn't graduate is that year, Calabrese says, because Turner was inattentive [the administration] needed someone to take the fall during first semester and absent after surgery last fo r them," Calabrese said. 16 SPlC Report FO� 1989 COURTS - Several weeks after the final proofs had gone to instill a sense of responsibility, Styles says, but this the publisher;- Ca@l?rese says he began to regret time the students "went too fa r." Administrators several stories, including the one on golf. The article usually fit into a spectrum between advocating was written at the last minute fo r the final deadline students' freedom of expression rights and and "at 1 a.m., anything is pretty funny," Calabrese censorship, he says, and while he usually assumes said. students can handle the responsibility, he is now The staff did not look at the article from the leaning toward censorship because he has seen the perspective of the student used as the subject and did damage that can result when students abuse their not intend to be malicious, Calabrese said. The rights. yearbook has always leaned more toward creative "We're obviously trying to balance two things," writing than journalism, he says, and although he Styles said. "We want to teach students to be realized the implications in the article were fa lse, the responsible, but at the sa me time, we must allow intent was fo r humor and the staff did not expect it them some freedom. They must accept the fa ct that to be taken as reality. Calabrese was unsure of the they aren't adults and can't bear the responsibility definition of libel and did not know if the golf article fo r what they do. Adults bear that responsibility. We could be considered libelous. Had he realized . what have to be sure people aren't offended by someone the book came out, Calabrese who doe sn't realize what he is doing. I don't know would happen when ' says he woUld have rewritten the article. how one [balances those issues]." Sarah Ortman, executive director of the Journa Giving students the opportunity to make their lism Association of Ohio Schools and adviser at own decisions is valuable, Ortman says, but there Upper Arlington High School, says the administra must be a trained adviser present to guide and teach tion was wroQg to punish the students for doing them how to be responsible. Ortman blames the something they did not know was wrong. administration fo r not hiring a substitute adviser "You can't blame the students if they hadn't been while Turner, a French teacher, was in the hospital taught any tenets of press law," Ortman said. "It and fo r not having a written policy to guide the staff. wasn't [Calabrese's] fa ult. He wasn't trained or The school should have hired a certified journalism instructed. What is education all about?" or Engl ish teacher to advise the yearbook or pro Welsh says he reca lled the books because he and vided fu nding fo r the yearbook editors and adviser the school board fe ared a possible lawsuit and to attend a yearbook camp to make them more damage to the reputation of the school. He says · the qualified, she said. student body was supportive of the administration, "Number one, you must have a trained adviser," but Calabrese says although many students say the Ortman said. "Number two, that adviser must have book was in poor taste, they do not think it should the responsibility to train the students. Then you can have been recalled. .give the responsibility to the students." The book will be reprinted and the offensive Welsh says the administration has not exercised articles will be replaced with other student work, prior review in the past and does not have a written Father Kenneth A. Styles, principal, sa id. publications policy but will draft a policy fo r next Yearbook staff members at St. Ignatius have year that allows fo r prior review.• always had wide latitude to decide what to print to Former journalist drops lawsuit against L.A. college CALIFORNIA � A former permission before their transcripts argue the case as a First Amend East Los Angeles College journal can be released. ment violation, he decided to ist who was placed on probation Flores says he broke no laws by drop the case because he saw the fo r a year fo r revealing what the re leasing the transcript because an issue as more than a fr eedom of administration called a private anonymous source gave it to him. speech problem. document dropped his suit against Furthermore, he said, the student "I wanted to argue a pattern of the universi ty after he and his officer was a public figure, and her discrimination," Flores said. lawyer fa iled to agree on the qualifications fo r office were a "There is no way to pro ve anyone charges. matter of public knowledge. had directly tried to do anything Porfirio Flores sued East L. A. In his suit, Flores claimed that [discriminatory], but when you Col lege after he was disciplined in his First Amendment rights had add things up over the last two May 1988 fo r publishing the stu been violated when he was pun years, there was a tremendous dent body president's transcript ished and that the administration pattern of discrimination the col- · with an article claiming she was had breached its contract with lege allowed me to suffer [because not qualified to hold office be him by not fol lowing proper disci I am Mexican and a journalist]." cause she was not ta king enough plinary prOCedures and protecting Flores claims his employment hours. Administrators said fe deral his rights. application fo rms were never pro and state laws require students' When Flores' lawyer wanted to continued on page 18 Fall 1989 SPLC Report 1 7 COURTS administration and the newspaper contilluedfr om page J 7 problems and concern over inter cessed. commissions were never came when adviser Jean Stapleton personal co nflicts on campus." a was paid and he was dropped from transferred to another college Robleto said Stapleton used the course fo r no apparent reason. "It fo r the 1989-90 school year afte r student media to state her opin was selective prosecution," he having an unsatisfactory notice ions and the transfer does not said. "It was definitely excessi ve." removed fr om her file after Flores' violate Stapleton's union contract Setting a precedent against story appeared. She says the trans because she was transferred to censorship at East L.A. was not fe r goes against her union contract another district campus, nOI dis imponant, Flores says, because and is appealing the move. missed altogether. The school's the journal ism department has Acting vice chancellor of hu board has agreed to a hearing with been "ground to dust" and there man res ources Jose L. Robleta the union, but no date has been says Stapleton was transferred be was nothing he could do to help. set. • The latest conflict between the cause of an "accumulation of In dian Leader closed down KANSAS - Student journalists returning to of late-night bed checks, mandatory work programs, Haskell Indian Junior College in the fa ll may find unannounced dorm room inspections and arbitrary that the chaotic atmosphere they left in the spring disciplinary action take n against the students. remains. (n early March, Jam es Hill, an electronics instruc Members of Th e India n Leader, Haskell's student tor at Haskell with a degree in English literature, newspaper, filed suit in March alleging First Amend volunteered to take over the fa culty adviser position ment violations by members of the Haskell adminis at the Leader. Hill called in his son, a recent tration. Despite the apparent optimism on both sides journalism graduate unconnected to Haskell. to assist that a settlement would be reached by the end of him. May, a breakdown in the negotiations leaves the fa te In their civil complaint filed in fe deral court, the of the newspaper uncertain when students return to student reporters and editors with the Leader, rep campus in September. resented . � t�eir ���o mey, ..!?�o .R'?�rtson, a Uni- "We're hanging on by a piece of thread here - I don't know what's going to happen next," said Catherine Williams, a student reporter fo r the Leader We 're hanging on by a piece of thread and a plaintiffin the case. here-/ don 't know what 's going to Haskell is open only to American Indian students and is the only liberal arts college operated by the happen next . Bureau of Indian Affairs. In its lOS-year history the ReporterCatherine Williams institution has trained many of the leaders of Native American tribes. The 800 students at Haskell pay no tuition or room and board costs. versity of Kansas law professor, charged that the The problems at Haskell, which many say have Hills had taken editorial control out of the students' been going on fo r years, came to a head last fall, hands. On March 20, Robertson, acting on behalf of when Haskell's presi dent, Gerald Gipp, was reas Marcel Stevens. the managing editor of the Leader, signed to Washington, D.C., pending the outcome of and other st udents connected with the paper, ob an investigation of his conduct in office. Among the tained a te mporary restraining order prohibiting charges against Gipp was that he had played a role in publication of the paper put together by the Hills. changing a gra de fo r his daughter, a fo rmer Haskell The court also ordered the school to print an edition student. of the Leader prepared and edited exclusively by the After Gipp's temporary reassign ment last October, students. Th e Indian Leader published a fu ll account of the Fol lowing distribution of the student edition of controversy. Sh ortly after publication, the paper was Leader the on April 17. Haskell students, represented closed down by the Haskell administration. by Robertson and Pat Nichols, an anomey with the Administration officials said the shutdown was ACLU. met with administration officials, rep due to the resignation of the paper's fa culty adviser resen ted by assista nt U.S. Attorney Kurt Shernuk, in and replacement. However. their inability to find a an attempt to work out a se ttlement agreement several students have charged that the shutdown was regarding fu ture publication of the Leader. The yet another example of a violation of their civil students are demanding a publications policy that rights. a practice that had become ro ut ine, they say. would guarantee the right to fu ll editorial control They cited, among other examples, Haskell's policy over their newspaper. 18 SPLC Report Fo1l 19a9 COURTS - Both sides indicated that they fe lt negotiatIOns With no se ttlement, the Leader 's fu ture re mains in were moving fo rward, but problems surfaced in May limbo. as the assignment of Bob Martin, Gipp's temporary As fo r the investigation of Gerald Gipp, the replacement as president of Haskell, was ending. Bureau of Indian Affiars has ruled that while there Neither side agrees on the reason fo r the break were things that Gipp should have done differently, down. Nichols fe els that Martin - despite previous he did not act with bad fa ith or improper motiva assertions to the contrary - simply wanted to tion. Under an agree ment with the BIA, Gipp has postpone settlement of the thorny issue until after he returned as Haskell's president fo r about a mogth. was gone. He will then be permanently reassigned to Washi ng ton, D.C. Leader reporter Williams agrees. "[Martin 1 seemed so si ncere, but then he packed As of early July, there was no word concerning up his bags and left. I don't have much respect fo r a who would replace Gipp at Haskell. person who does something like that," she sai d. With Gipp on the way out and no replacement Martin insists that his desire to resolve the issue currently in sight, it is difficult to gauge the response remained constant throughout his tenure at Haskell of the Haskell administration toward resolution of and expressed disappointment that the sides were the matter. Haskell Dean of Students Marvin Buz unable to come to an agreement before he left. He zard says that while he thinks it is in everyone's best says he recei ved the students' last settlement offer interest to reach a settlement as soon as possible, he the day before he was scheduled to leave Haskell and is not sure when that will happen. there were technical questions about the agreement Haskell officials have sent the agreement to law that could not be answered prior to his departure. yers at the U.S. Department of the Interior seeking "If I had received the agreement one week before I their input on the matter. U.S. Attorney Shernuk will left I would have been able to do something," Martin not comment. said. COnlinued on page 20 Fall 1989 SPlC Report 19 COURTS conllnued fr om page 19 involvement. Rather than give up the case he has On the other side, the students and the ir lawyers decided to voluntarily leave KU. express fr ustration that a settlement has yet to be "I fee l that my re presen tati on of underpriveleged rcached but remain committed to pushing fo rward Indian st udents in their fight fo r basic constitutional with their demands fo r a paper fr ee of administration rights is something I shouldn't be ashamed of or controls. ha ve to apologize fo r. There are problems at Haskell "We don't intend to drop the suit - we i ntend to that m ust be fixed." pursue it. We fe el it's an open and shut case fo r the stude nt ," Roberston said . "It's bigger than just a s Co llege students-be they Native First Amendment case. It's Native American stu * dents learning that they have basic civil rights. They American students or othenvise-have are fi nding that the law can be their fri end." Nichols free expression rights to publish a re mains optimistic that they will reach settlement before the sc hool year begins. newspaper free from administration '·1 see the basic principles as very clear. College controls. students - be they Native American students or ACLU attorney Pat Nichols otherwise - have fr ee expression rights to publish a newspa per free fr om administration control s ," he said. While Williams will continue as a party in the The situation at Haskell has and continues to take suit, she will not be returning to Haskell. its tolL Following criticism that he has heome too "I'm going to Brigham Young Un iversity this fa ll personalty involved in the case, Robertson has - I don't want to put up with any more of this," resigne d his position at Kansas University'S law Williams said. "At Haskell students either don't school. He is unhappy with the attitude of KU know their rights or don't care, and the administra* faculty members toward his participation in the tion takes advantage of that. We're just dogs on a Indian Leader case and fe els that his fu ture at KU leash who they think they can make do anything they would be jeopardized if he were to continue his want. HaskeU makes me so sad." • Canada code excludes newspaper CANADA - A student news After receiving a complaint to Canada's Supreme Court, but pape r fo und to be offensive to fr om a wome n's gro up about the the request was denied. women cannot be p unished under Red Eye in 1980, the Saskatche* The Human Rights Code pro the Saskatchewan Human Rights wan Human Rights Co m mission hibits anyone fr om publishi ng or Code, Saskatchewan's highest asked for a board of inquiry to displaying any notice, sign, sym coun ruled in January. detenn ine whether the magazine, bol. emblem or "other representa* an engineeri ng student publication tion" belittling a person or group at the University of Saskatchewan, on the basis of race, creed, reli had breeched the Human Rights gion. color, sex, marital status, Code. The Commission claimed i t physical disability, age. nationali* had violated the rights of women ty. ancestry or place of origin. by printing articles they said were Although printed matter, rad io discriminatory. The co mplaint and television are all subject to was based on 1979 and 1980 edi the restrictions of the code, the tions of the magazine. Court determ ined that editorial The original board of inquiry content ridiculing, belittling or fo und the magazine guilty of vio affronting the dignity of women is lating the code. but after a nine not prohibited because it ca nnot year series of appeals. the Saskat* be classified as a notice, sign, cbewan Court of Appeal agreed sy mbol, emb lem or "other rep . that the publication was highly resentation. , offensive to women but Quashed The Red Eye has "toned down" the board's decision because it had in the past fe w years, says Don erred in the law. The code is not alda Ford, a ssistant director of the broad enough to cover the editorial Commission, and she says she content of newspapers and mag* does not anticipate an abuse of azioes, the Court said. The Com their newly reinforced freedom of mission filed a req uest fo r appeal expression .• 20 SPlC Report Foil 1989 COURTS - Taranto settles year-long suit with CSUN CALIFORN IA - The condi ment and Cal ifornia Constitu views repugnant," Halperin tions were right, so James Ta tion rights. said at the press conference. ranto decided to sett le his year In the settlement Taranto "All st udents have a right to long lawsuit with California received $93 back pay fo r the express their opinion." State University at Northridge. two weeks he was suspended Although taking the case Taranto's problems began i n fro m the Daily Sundial. and all through the court system could 1987 while he was news edi tor men tion of his suspension will have set a precedent to keep at the Daily Sundial. He wrote be removed fr om his transcrip t. Hazelwood out of universities, an editorial critic izing the Uni In addition, CSUN's publica Taranto's attorney Michael versity of California at Los An tions policy was amended to Hunter Schwanz says the set geles fo r suspending an editor establish the paper as a public tlement was safer. there who ran a cartoon critical fo r um protected fro m "I fe el passionately that of affirmative action. Taranto censorship by the fa culty, James [Taranto] and other stu wrote on behalf of that editor's school adminstration and state dents have the same First rights to express an opinion and officials. The new policy does Amendment rights as any other reprinted the UCLA cartoon not allow prior review by the reporter," Schwartz said. " At along with his commentary. adviser ex.cept in cases of libel, the same time, you can't tell Daily Sundial fa culty adviser invasion of privacy or obsceni what the court wi ll do. We Cynthia Rawitch suspended Ta ty, in which case the adviser's wanted to take the case as fa r as ra nto fr om the paper for not decision may be appealed. we could, but we weighed that discussing the editorial and car Taranto said even this lim against the risk that the Su toon with her before it was ited prior review prOViSion preme Court would have made printed. CSUN had a policy - caused him some concern, but a similar decision to the one in Tara nto says a previously unen he concluded that because the Haze/wood. If the Su preme forced one - that required policy does not allow fo r p un Court is willing to make one students to discuss potentially ishment of students who fa il to mistake, they might make an . controversial articles with Ra submi t material fo r review, it other. , witch before pu blishing them. could probably be ign ored. Taranto says he is pleased "We still insist this whole Former U.S. Attorney Gener with the settlement beca use it thing started out of a discipli al Edwin Meese and Morton establishes a free press at nary dispute between a fa culty Halperin , director of the Wash CSUN. member and a student:' Mi ington office of the American "The central issue was chael Emery, head of the jour Civil Liberties Union, spoke on whether or not the paper is a nalism depa rt men t at CSU N. behalf of Taranto at the May public fo ru m and this issue was said. "We fe el it was not a press conference to announce settled in my fa vor," Taranto clear-cut First Amendment the settlement. said. "The school officials mod case." "Our position is that there is ified {he policy. The paper is a Taranto disagreed. suing for an absolute righ t to express public fo rum and cannot be violatiOn of his First A mend - views even if others find those censored by school officials." • Piper student radio station battles CBS over static FLORIDA When Piper TV, says some viewers receive the reso lved then, says the school's High School applied for a bro ad right picture bu t can on ly hear attorney Pete r Gutmann, and casting license si x. years ago, no Piper's sound, while some do not things were quiet fo r the next six one imagined its tiny stati on get any picture at all. years. would en d up fighti ng CBS. This problem is not new . When When CBS bought Chan nel 6 in Piper's 3,OOO-watt " progressi ve Piper was first gra nted a construc· 1987, the battle started again. Gut rock" FM station . WKPX, has ti on permit , the first step to being mann says technicians fo llowed broadcast on 88.5 FM to all of a Federal Com mu nicati ons Com up on complaints, installing filters Broward Co unty since 1983. CBS mission-licensed sta tion, the own and tightening screws to eliminate clai ms WKPX interferes with its er of the Channel 6 television interference. Shaklan, however. Miami television affiliate, WCIX station in M iami - not yet CBS says problems were not cleared. up TV. Allen Shaktan, vice president - complained to the FCC. Most and Pi pe r never should have been and general manager of WCIX- of the i nterference problems were continued on page 22 Fall 1989 SPlC Report 21 BROADCASTING -- ---_._------UCSB cleared A SAlb IH AT in FCC probe CALIFORNIA - The Federal Communications Commission ended its investigation of the Uni versity of California in May when it found no problems with the university's control over student run radio stations, according to !He:: MO ';)--r �:T\,....x:. FCC attorney Marcia Diamond. IN ONE. �NTH . The FCC began its inquiry in 1987 June after KCSB-FM at the Santa Barbara campus was one of three stations warned in the FCC's crackdown on "indecent" broad casts. When an offended listener con tacted the Parents Music Resource Center in Washi ngton, D.C., to complain about the late-night broadcast of "Making Bacon," a song by a British punk-rock group describi ng oral and anal bisexual intercourse, the FCC stepped in and fo und that the song fit into the newly expanded category of "actionable indecency." In responding to the FCC's action, the university said control ling content of student-run KCSB would violate students' First Amendment rights. The FCC be gan an investiga tion into the con trol issue because the broadcasting license was issued to the board of media conglomerat like CBS Con tinued on page 44 continuedfrom page 21 A e granted a construction permit in should have known when it casting, but he has to look out fo r the first place. bought the low-power Miami sta his stat ion's own interests. Shaklan claims the FCC has a tion that there would be interfer WCIX-TV is willing to help rule that prohibi ts itself fr om issu ence near the school, Gutmann Piper find a lower-wattage or AM ing an station in the same said. WCIX-TV's tower is located 88.5 FM station and has offered to start a area as a Channel 6 because of miles south of the other Miami 40 television training program interference problems. Gutmann stations' towers, so its signal is fo r students. fa r, Shaklan says he knows of no such law, and weaker in the north. Piper So says, there has been no response even if it did exist, the FCC would "It's not like our big power from Piper. not take away a station that is house station knocking theirs already in existence. Because it has been in opera out," Gutmann said. "With all "There is at least one case when tion under a construction permit their engineers, they either knew the FCC admitted illegally au tho fo r six years without any tangles or should have known they rizing a station, but they said that with the FCC, WKPX will proba weren't going to cover the north when a station has been operating, bly be granted a lice!lse, Gutmann ern part of the market. We're only even if it was illega lly authorized. says, but is impossible to tell a tiny drop in the ocean of prob it the public is accustomed to it as a when. Gutmann says the license lems they've got down there." valuable member of the broadcast application is taking longer than community," Gutmann sai d. As a broadcaster, Shaklan says usual because the FCC is in vesti "The public right (to receive the the last thing he wants to do is gating the interfe rence charges and station] outweighs the [station's] knock ou t a station designed to educational slations generally get pri vate right.'· teach high students broad- school low priority .• 22 SPLC Repor1 FaU 1989 . ....;.------...� � .,.,=.'�'.� BROADCASTING - .. ----_._----_ _._._._-- Two Liberty radio ht)sts expelled Students mocked Chancellor Jerry Falwell on late-night talk show VIRGINIA - Two Libeny U niversi ty stu H:;rp.�: ;',Gd �!kn helve bee n on the air fo r a dents' attempt to use comed y and sarcasm to I· ,' ar and ;, ;-,;:\1( il.nd sa\' they have never received make a s13t e men t on their rad io talk sh ow fa iled :I n:, ;J Cc'gJil' C li: !.."dhKk· abo;Jt the show and the when they were expel led fo r m oc ki n g Chancellor un!; sr�,, : r \' g�!idC'iin(' about what they could and Rev. Jerry Falwell's tithi ng plan. ,()U id :";<. t d; '.I n the air was a restriction on Ch ristian Harper and Michael Allen. hosts of iCCU!"'· it:.; ,,': fhi only thing Harper can recall in the late- nigh t show. were expe l led three weeks be ing ·... (L'-(,n d th,' rast was a discussion of the before they were to graduate in April. Their half 1t\".' r; ,,( i,, �;:r' ·cur�c, Pennsylvania. Because Liber ho ur show on March 28 featured a stab at Fal iy IS d i' i" ., [,.· :· ,·h,)ui. prior review and censorship we ll 's fu nd-raising scheme, a parody of the so ng :.FC p:-nh\' i'1<. t(;r hath the rad i o and the newspa "Wild Thing" describing sexual activities of a dog reI". H�uT< i ';]\'''. and cat and an enactment of a fictional worship 'On d;;;; ,: ;!mpus it felt like the late '60s," service with a d ru n ke n congregation. Harper says H,ln:cr "lid. "There is no right to sign a petition they expected a fi ne fo r obscenity but never unIl" .', : '. ;� . .:.ppn.)',('j by rhe administration, no antici pated a punishment as severe as expulsion. p;ck,· ,':, ', !; �\ 1 f; t<:,r�. It's a v io lation of constitu · An offended student gave Dean Vernon Brewer liljn�lj I l:�:h�·).· a tape of the show, and Brewer recommended r ;j nd \iien borh say they did not object di sm i ssal , according to Falwell's spokesman Mark to \h!�' r·· !"\.· ·"l·· ;.' '.'iling, or their tapes because the De Moss. Harper and Allen a ppealed the decision, U:11····.'! ·'li, ;;:1:0 d !·tg!1 t to check fo r illegal content but a five-member appeals board voted unani 51JlCe (lu.' s:: f\<),)l ;)WDS the station and students can mously to uphold the expu lsion. Brewer could not go '.'i:;,, \\ h�il> in ('.), prcss the i r o pinions. At the be reached fo r comment. sa nk ,,;1';;..'. f-LilPl'!' says. students have a need to The official explanation fo r the expulsion, Allen "Oll_t' \lJi.'lr '.:p:nions and the administration says, was " failure to con form 10 t he standards and shuu:C; '"i n! l)t Jhk to censor ;'simple issues" just traditions of Libeny Uni versi ty and fa ilure to becau :;C' di:-;agrc(' with the students' views. adj ust to th\'environment." A pornography charge [);;\I,>s ' . . . .. L ______Fall 1989 SPLC Report 23 CENSORSHIP West Virginia editor keeps job despite racism charges WEST VIRGINIA - A West Virginia University editor kept his job at the helm of the campus +'I-r==:::=���=�::::=:::::;::=;:::::;:;���;;;:;;;;;��;;; newspaper after charges of racism gave rise to , protests in front of the Daily Athenaeum office as . well as a fo nnal appeal to have the editor removed. Black students on campus accused then-editor-in chief Frank Ahrens of being racially insensitive after he published a cartoon drawn by nationally syndi cated artist PatOliphant. The cartoon, which ridiculed Washington, D.C., Mayor Marion Barry, appeared atop the Daily Athe naeum editorial page Jan. 17. The same day, Ahrens said., dismayed minority students began calling the newspaper to protest the cartoon. Ahrens wrote an editorial explaining his decision to run the drawing and listing the mailing This cartoon by Pat Oliphant ran in TheAJhenoetun Daily Jan. address fo r both the Daily Athenaeum and the 17. stirring controversy and prompting cIwJet of racism apinat Uni versal Press Syndicate, which distributes Olio the paper. phant's politicaJ cartoons. Ahrens' column appeared the day after the car· That weekend, black students took their com toon ran. The Athenaeum reported one or two plaints to the Board of Regents Advisory Council of students carrying signs decrying the cartoon on Students and reiterated their demands. They also Wednesday, as we ll. brought the matter to the student government, al On Jan. 19, a letter to the editor was printed fr om though that body has no authority over the newspa Kenneth Jones, a law student who emerged as the per. leader of the black students' protests. In the letter, Jones also took his case to the regular meeting of Jones calls the Oliphant panel the straw that broke the university's publications committee and officially the camel's back and refers to previous editorials requested that Ahrens be removed from his editor's Ahrens had written as evidence of the editor's racial position. The six-member council, consisting of three insensitivity. fa culty members and three students, met again to Ahrens later printed a clarification on one of the hear Ahems' defense. editorials Jones mentioned. Written in the fa ll, the On Jan. 31, the committee voted 4-1 to retain pitre was a response to fo rmer presidential candidate Ahrens as the editor. The dissenting vote was cast by Jesse Jackson's attack on the Republican party fo r student member Steve DeGross, who is black. using the story of convicted rapist Willie Horton "Wbat [Ahrens} did , he bad a First Amendment right to do," said committee member Guy H. Stew art, who retired in the sum mer as the dean of WVU's It wasn �t me that was on trial, it was journalism school. "That was primarily the reason we didn't remove him fr om office." the First Amendment. Stewart said Ahrens had "used some bad fo rmer editorFr ank Ahrens judgment" but said it was "not enough that we fe lt we had to re move him fr om office." Ahrens said the real conflict was merely political. against the Democrats during the campaign. In the " The problem is that I'm a conservative in what is clarification, Ahrens updated figures he had used in thOUght of as a liberal's position," Ahrens said. theeditorial referring to the percentage of blacks in Ahrens panially fa ults a misunderstanding of the general population and in U.S. prisions. editorial practice fo r the fu ror at the Athenaeum. He By Friday. some 200 sign-<:arrying students said he finnly believes a student newspaper should, marched on ca mpus to the Athenaeum office, de on its news pages, cover all aspects of campus life as manding an apology, Ahrens' re signation, active thoroughly and fa irly as possible. recruitment of blacks to the news staff, "examination The edi torial page of the Athenaeum was reserved of editorial content" and more balanced reporting on fo r individuaJ opinions, he said. In addition to two racially sensitivie issues. or more unsigned editorials on the left-hand third of At one point in the demonstration, managjng the page, the editorial page offered a cartoon, at least editor Susan Malone offered protestors three to five one syndicated or staff-generated op inion column positions on the newspaper staff. Uni versity presi and letters to the editor. de nt Neil Bucklew later praised Malone's move. "The editorial page wasn't meant to piss people 24 SPlC Report Fa" 1989 CENSORSHIP - of," Ahrens said. "It was meant to provo ke intellec However, he said, at one point he considered hW intercourse." resigning or even retracting the cartoon. He said that Although Ahrens did refuse to print another if it looked as if the protests would escalate to the Oliphant cartoon that came out while the protests point of violence, he would have acted. were still going on at WVU - the se<:ond cartoon Ahrens never apologized fo r printing the Oliphant coB)mented unfavorably on Jesse Jackson and Dem� cartoon because, he · said, he was actJng within his ocratic Party leader Ron Brown - he said the rights as an editor. Athenaeum never toned down its editorials after the 'Tm not saying (hat some of these students did protests. not bave beefs," Ahrens said. But, be said, their During the controversy, the Daily Athenaeum demands were tantamount to censorship. covered the protests and the ensuing developments "It wasn't me that was on trial, it was the First thoroughly on its news pages. Amendment," he said. H[ was disappointed the In the opinion section, Ahrens consistently de decision [of the publ ications committee] wasn't fended his decision to run the cartoon. unanimous." • .. ' Racism v. Censorship Several college papers face charges, take various actions cartoons criticizing racism and Wayne State regarded the newspa Charges of - racism against Lasker knew how the piece was per. other campus newspapers have intended. Nonetheless, tbe protests made sparked various . protests nation When Lasker saw the anger the an impression on the So uth End. wide this spring. canoon evoked, however, he apol An editorial board was created to At Wayne State University in ogized fo r the drawing in a col oversee opinion�page content, Me· Detroit, a cartoon drawn by a staff umn that ran the next day, Cracken said. artist prompted 150 students to McCracken said. Lasker ' also "I'd say we're much more care protest in fro nt of the offices of pri nted front-page retractions fo r ful," he said. the So uth End. the student-run two issues after meeting with the At an other Michigan school. campus daily. The panel referred protesters. Michigan State University in East to Joe Clark, the bat-wielding. Lansing, a col umn by Professor C. buUhom-toting New Jersey high Patrie "Lash" Larrowe sparked school principal characterized in When the editor saw the controversy fo r the daily Stale the film "Lean on Me." Clark was anger the cartoon News. Larrowe, who had written a making an appearance at Wayne weekly opinion piece fo r the news� . evoke men looking at an ad vertisement legs. " newspaper, demanding Larrowe for "Lean on Me." One of the He said the controversy dissi be fired. They also sent a letter to figures says, "Shoot, Jimmy, you pated markedly after the retrac the university president. Secor 'n' me been chasin ' ruggras with tions were published, at least as said. bats fo r years, ain't nobody ever fa r as the So uth End was con� The controversy received broad made no movie 'bout us." cemed. Later in the semester, media attention in the state, Secor Lasker saw thecartoon before it about 200 black students occupied said. At one point, he said, a was published, So uth End news the administration building fo r I I Detroi t reporter asked Larrowe editor Jeff McCracken said. Mc days, he said. However, none of why so fe w minority students en- Cracken said Bieri often drew the 17 demands they presented to Con tinuedon pug/! 26 Folf 1989 SPLC Report 25 CENSORSHIP ministration with a list of 30 de contilluedfrom page 25 run a picture of the player, al rolled in his classes. The professor mands. Minority leaders are though they did not mention the said his courses were "too tough" currently fo llowing up on the de player's race in the story, Friel fo r minorities, leading to renewed mands, Secor said. said. protests on campus. "The racial tensions on campus Lower on the same page, a Secor said the winter and spring are pretty much dying down," he story appeared concerning a pro terms at MSU had been "very said in June. "But you can fe el fe ssor who was involved it: an volatile." Instructors had been ac something was very much amiss altercation with students practic cused of making racially insensi in the spring term." ing a play fo r Black History tive remarks in class, and the What has been the net effect on Month. Friel said race was not the student government had been State News? explicitly brought up in the story charged with racially motivated "I think we've become a lot - the professor was white, and inconsistancies in its appointment process. Throughout, the State came out strongly against News News is not black and white ... if you ask any group racist behavior on its editorial on campus, theyYll say they don't get the coverage pages, Secor said. When the Larrowe column ap they want. peared, however, "we were fa ced adviser Elizabeth CaIman with the situation where we had to back our words wi th action," said Secor, who is editor-in-chief this more sensitive to all minority the students were black. fa ll. groups," Secor said. However, he said, "All indica Action meant the The paper already had a regular tions were that [the fight] was St ate News pulled Larrowe's column fo r the beat on women, minority and racially motivated." fo llowing week but reinstated it disabled students, and the staff Black students took exception after that. The decision was punc also appoints a student minority to that ed ition of the Parthenon, tuated with an explanatory edito representative each term "to give saying the fight story had been rial, which deemed the comment us an idea of what's offensive and underplayed while the fo otball to the Detroit reporter "insensi what's not," Secor said. player story had been over-em ti ve and appalling," but which But Secor dismissed any sugges phasized. The students charged cited Larrowe's " 33 years of activ tion of a chilling effect on the the paper of fo llowing a racially ism" fo r ci vii rights .. paper's coverage, particularly motivated editorial policy, Friel Secor said Larrowe had started said. (In later discussion, opinion-section pieces. Parthe the NAACP chapter on the MSU editors agreed that they had "Our firm belief is to represent non campus, as well as the East Lan- alI sides of the issues," he said. fo cused their attention on the charges against the fo otball player but be cause he was a sports figure, Friel said.) I think we 've become a lot more sensitive to all During student government elections, campaign signs of a minority groups. black candidate fo r student body editor John Secor vice president were defaced with racial slurs, which was widely re ported in West Virginia, Friel sing chater of the ACLU . "We're not going to sanitize our said. When the endorsed Larrowe also apologized in editorial page." Parthenon print fo r his re mark. In another case, allegedly bi a team of two whi te men fo r Although the university took no ased news coverage in the newspa president and vice president ra th disciplinary action against Lar per at Marshall University in er than the ticket on which a black rowe, the 72-year-old professor Huntington, W. Va., gave rise to a student was running, the newspa retired in June, at least partially call fo r the school to cut offfu nd per again was accused of racism. because of fa llout fr om the inci ing to the Friel said the president of the Parthenon. dent, Secor said. According to adviser local NAACP chapter, a professor Parthenon Anti-racism activism continued Michael Friel, a February issue at Marshall, got involved in the to escalate on ca mpus, culminat sparked the first protests against dispute. Friel said the paper had ing in May, when some 150 stu the. paper. The fr ont page fe atured reported unfavorably on the pro dents staged an eight-day sit-in in a story about a Marshall fo otball fe ssor's progra m in the pas t. the MSU administration building. player, who is black, accused of Friel said the paper received They presented the university ad- sexual abuse. The editors opted to hundreds of letters on racism and 26 SPLC Report Foil 1989 CENSORSHIP - it printed all bu t the blatantly play was not reviewed, however, will receive priority in the paper. lirelous opinions. As the contro and students charged that the pa "I think it's going to make us versy continup:d, the Parthenon per gave inadequate attention to give them special consideration," agreed to meet with the students minority issues and events. she said. so both sides could clarify their The protesters appeared before She said the paper is willing to positions. the student government to voice work with a Hason fr om the "Basically we agreed to dis their complaints and ask fo r the NAACP, but she, 100, fi nds the agree," Friel said. .. It was a pretty editor's resignation, although the controversy out of proportion. hea1ed meeting." student government has no au She said a review of the spring's The minority students' general thority over the Statesman. issues of the fo ur-day-a-week, assertion - that the campus pa CaI man dismissed the charges eight- to l2-page paper turned up per had failed to cover minority of racism. 50 to 60 stories dealing with mi events as thoroughly or thought "News is not black and white," norities and minority affairs. fully as it should - prompted she said. "Never have I heard our Friel to conduct a content analysis students make racial statements or of the last five years of the Parthe jokes." non. He said his research has She said time and space re I think the editors are a shown that the number of stories straints play the largest role in little afr aid now. that favorably portray blacks and detennining which stories get adviser Michael Friel other minorities "far exceeds" the pri nted. negative-sounding articles. "If you ask any group on cam "I personally think it was over pus, they' ll say they don't get the blown," he said of the protests coverage they want," she said. "BasicaUy we don't get credit against the newspaper. However, "(The protesting minority stu fo r what we do, which I find he added, "I think the editors are dents] were unwilling to under unjust,"Calman said. a little afraid now." stand our limitations as a news David Adams, president of Col In another case, the editor of gathering organization." lege Media Advisers, said racism the newspaper at Indiana State Caiman said another reason on campus, particularly in the University in Terre Haute was some minority fu nctions went un collegiate press, is a serious prob asked to resign in the course of reported is that the events were lem. But he added that overcor protests against the Indiana not properly announced. To help reeting on the side of censorship Statesman. remedy that, she said the States spells ills of its own. In mid-April, the paper pre man put together a guide on how "I would warn minority groups viewed a play on campus with an to get an item in the paper. Site not to jeopardize any First all-black cast, acording to Eliza said the staffalso would meet with Amendment fr eedom" because beth Caiman, the director of stu campus organ iutions in the fall to freedom of speech and press helps dent publications. The story explain the editorial process and ensure that minority voices are i ncluded two pictures and filled how to work with it. heard, he said.• half of one of the Statesman 's But Calman said last spring's tabloid-sized pages, she said. The protests will mean minority events Foil 1989 SPLC Report 27 CENSORSHIP Wisconsin regents propose anti-racism rule \\'ISCONSIN - Students could hostile environment fo r education part of a program in the works to be punished fo r using racial epi or other university-authorized ac educate students and make them thets under a new rule proposed tivities would be prohibited and more accepti ng and appreciative, by the Board of Re genls at the made subject to disciplinary sanc she said. University of Wisconsin. tio ns. ,. Syndicated columnist and free Some student journalists at the After a hearing and appeals press advocate Nat Hentoff says university say the press will not be process, punishment could include punishing racial epithets will only afTected by the rule, but observers probation, resigna tion or leave fo r make the climate more hostile. arc concerned that a restriction on misconduct, suspension or expul "If you suppress racist speech, it speech of any kind will lead to sion, written reprimand or denial will go underground and fester," problems fo r the student media. of university pri vileges. Hentoff said. " You will also create Under the proposed rule, "cer� The proposal was prompted by martyrs of the people who get tain types or expressive behavior "a desire to improve the universi suspended or expelled fo r what directed at individuals and in ty's ability to recruit and retain they say." tended 10 demean and to create a minority students and staff," said The rule, being considered by Judith Temby, secretary of the the state legislature as the Report Board of Regents. It is a small went to press, is similar to emer gency legislation proposed last year by Rep. Spencer Coggs, D Milwaukee. Coggs' legislation did not pass. Sen. Lynn Adelman, D-Berlin, says the university'S proposal is unconstitutional because it would subj ect a student to punishment fo r "saying something unplea sant." The rule would have a ch illing effect on aU life at the university, Adelman says. "It suggests that a Big Brother in the form of the university speech police is going to be out there listening to make sUre peo ple sanitize what they say," he said. Coggs says the proposed role does not violate First Amendment rights because it is a conduct rule rather than a speech law. "There is a First Amendment righ t to express an opinion," Coggs said. "The First Amend , \ ment covers the fr ee exchage of ideas. [The rule) is narrowly drawn to protect First Amend ment rights, but sends a positive signal. It makes people stop and think if this is the proper behav ior. " Hentoff says he opposes the proposal beca use it would create separate standards fo r students and would be detrimental to fr ee ex pression. The only way to fight words is with more words, he says, and suppressing speech will not help minorities on campus. 28 SPlC Report Fall 1989 CENSORSHIP - "If you suppress or run away fr om words, you're saying, 'We don't have the sk ills or resource fulness to counter you. You're betler with words. ' It's self- FOil 1989 SPlC Report 29 LEGAL ANALVSIS Keeping confidentiality How and why journalists can keep their sources and information secret This is the second in a series of peacefully and you casually begi n the first example gi ve rise to some stories exa mining the rights of to snap photos and take down of the most common reasons ex Journalists to keep their confiden identifying information. Then the pressed fo r gi ving journalists a tial sources and information to police show up. Some of the stu privilege or shield not extended to themselves. In this issue we will dents start shouting, threats are the ordinary citizen. Assume that, continue our state-by-state exami made and ret urned, a push leads as requested, you comply, with . the nation of state shield laws and to a shove, and the situation turns demands of the professor's attor privileges that allo w journalists to ugly. Pol icemen and students are ney, releasing all the information keep information obtained during injured. Always the dedicated he seeks. You have fu lfilled your the course of their newsgathering journalist, you snap pictures role as a citizen, but at what cost? confidential and discuss how such throughout the entire incident. First, you have broken your prom protections might apply to student You do such a good job, in fa ct, ise of confidentiality , to your journalists. As most states have that shortly after the story and source. Not only have' you put never ruled on the confidentiality photos run in your newspaper a your source in a position she was rights of student journalists, the prosecutor orders you to bring to unwilling to vo/untaIjly put her analysis given here represents the court all other unpublished pho self in (for reasons of job security, SPLCs best judgment of how a tos, notes or other evidence they personal relationships, etc.), you court might rule on the issue. We might use in prosecuting those have also breached your profes will also discuss the traditional involved in the skirmish. You will sional code of ethics as a journal opposition on the part of the jour also be req uired to testify as a ist. (See "The' Society of nalism profe ssion to give in to witness. Professional Journalists, Code of de mands of fo rced disclosure. The Scenario Suppose after you promise to We have, after all, determined that citizens have a keep her identity secret, a low civic responsibility to testify as witnesses. Why level school administrator gives should journalists be different? you the name of a professor at your school who is willing to sell A's fo r $200, B's fo r $100, and C's The first question you might Ethics," Revised 1987). Second, fo r a mere $39.99. It has taken ask, obviously, is what do you do? an invaluable source of informa you almost two years to establish What are your legal rights as a tion is likely to be lost fo rever to a trusting relationship with this student reporter in situations such yourself, those who might fo llow administrator, but it has been as the above? This question will you and your reading public. worth it. She has helped you ex be addressed below as we continue Third, a court might rule that you pose other bits of fo ul play within our state-by-state look at the con have breached a "contract" with the school in the past - all of it fidentiality laws and privileges your source and hold you liable information that would probably available to journalists. fo r monetary damages. I Finally, be unavailable to you elsewhere. The second question - and you have sent out a dangerous You fo llow up her lead, digging up perhaps the most important ques message to potential sources else additional information and tion in the long run - concerns where that journal ists are not to sources that fu lly corroborate her the traditional opposition of jour be trusted. Your ability - and the charge. Shortly after the story is nalists to complying with efforts ability of all journalists - to do ru n, the professor's lawyer serves by law enforcement officials and their job and live up to their you with a subpoena, demanding others to have them disclose infor responsiblity of informing the both the name of your confiden mation gathered while on the job. public has been severely dimin tial source and all of the notes, We have, after all, determined ished. documents, etc. that you uncov that citizens have a civic responsi Blurry Pictures ered to support your story. bility to testify as witnesses or The second example illustrates Or, suppose you are a photogra provide pertinent information a problem that has become in pher on your school's newspaper. when justice will be served by creasi ngly common. The tendency One day you are sent out to cover their doing so. Why should jour of law enforcement officials and a sit-in demonstration involving nalists be any different? courts to use reporters as exten students at your school. Like most A Chilling Effect sions of their own investigative such demonstrations, it begins The problems stemming fr om units has become a serious and 30 SPlC Report Fail 1989 LEGAL ANALYSIS - growing threat to journal is ts ev erywhere . This spring's tragic turn of events in China illustrates the re vulsion journalist s must ha ve toward such governme ntal action . After weeks of p ro-democracy dem onstrations in which Chinese students and citizens competed for a place to tell their story to the world via the foreign press, the Chinese go vernment decided they had had enough . The bloody mas sacre that fo llowed shocked view ers and readers the world over. Yet, that was only the first act of the human rights violations and other at rocities that co ntin ue to this day. In the days and weeks that followed the June massacre, the Chinese government , to the dis gust of journalists everywhere, in voked the media as its chief prosecuting witness. Students who initially looked upon ABC News ca meras as t heir ally in spreadi ng their message to the world have fo und the con fiscated tapes of their interviews to be the chief source of evidence used against them by the Chinese go vernment in their kangaroo court trials as subversives. Month-old American news stories were broadcast on Chinese television with awards being gi ven to citizens who turned in those shown tal king to the press. Student s and demonstra to rs who, a month before, saw the press as their fr iend, now ru n and hide at the first sign of a ca mera crew. Those who do talk will do so only with the promise that their identity wi ll be kept secret. In deed, journal ists in China have started to routi nely censor their own stories, knowing that to do otherwise puts their interviewee's life in se rious jeopardy. Our night fo rces disclosure of information even if promised co nfidentiality. ly news broadcasts are filled with obtained by the press to fu rther its I n the worst case , the jou rnal ist stori es from China that are aired specific cause. the press no longer may even be seen as an enemy to only after all identifying character occupies the role of a neutral figh t actively against. The goal of istics are electronically blu rred out reporter of fact , but instead be "wide-open and robust dissemina oft he picture. comes an instrument of that body tion of idea s and counterthought While it is difficult to compare forci ng disclosure. When il is like which a free press bot h fo sters and what is happening in Ch ina with ly that a reporter will be forced to protects"Z is thereby lost . the problems we fa ce here at take sides, it fo llows that those on Further, as in China, reporters home, the story is not so diffe rent the opposing side will be less than and editors wi ll begin to censor as to be irrelevant. W henever any willi ng to co m m unicate openly, themsel ves ra ther than act as an govern ment - or other body - even wi th a trusted reporter, and cOnlinut'd on pagl' 32 Fall 1989 SPlC Report 31 LEGAL ANALYSIS COniinued fro m page J I designed precisely to prevent demand both confidential and instrument fo r others, particularly that tragedy."3 other information. Because of this · an immora l instrument as is the If journalists are to be fo rced fa ct, and in order to make an case in China. Yet journalists put down this path, tbey must only go informed decision regarding the them se I yes in a difficult - if not kicking and screaming. use of confidentiality, the fo llow impossible - situation when they What's To Be Done: A Warning ing is a guide to what you might attempt to dec ide which causes While journalists detest the idea expect in the way of protection by are wort hy of their cooperation of compelled disclosure and your state law. If your state is not and which are not. It is the pro should do their best to combat listed below, you should consult fessed goal of journalists to re such intrusions, reporters do previous and subsequent issues of themselves a fa vor where they the Report. ma in as obj ecti ve and impartial as · possible in con veying information limit the situations in which the Notes: to the public. This is not possible issue arises. I Cohen v. Cowles Media., 14 when journalists must decide to As a general rule, student jour Med. L. Rptr. 1460 (Minn. Dist. pro vide information to one body nalists (and all journalists fo r that Ct. 1987(. but nut another. In these situa matter) are advised to be miserly 2 Bra nzburg v. Hayes, United tions self-censorship is the only in offering promises of confiden St ates v. Caldwell, 408 U.S. 665, alterna tive. Blurry pictures and tiality to obtain their information. 720 (1972). watered down stories are the re As the analysis that fo llows shows, 3 Jd. at 724. the public's right and there exist ge nuine doubts as to sult. And A state by state analysis need to know the truth is the whether student journalists who victim. make such promises will be ALABAMA Shield Law: Alabama Code Sec If journalists are to be fo rced down this path, they tion 12-21-142 (1986 and 1988 supp.). must only go kicking and screaming. This law protects persons con nected with or employed by any The Dangerous Path backed up by the law in many newspaper, radio or television sta Every time a court or other states. Where they are not pro tion fr om revealing their sources go vern mental body is successful in tected and a court demands dis while engaged in newsgathering compelling a journalist to supply closure, they have a no-win choice activities. There are currently no information, be it scri bbled notes to make. Either they obey the court cases in which the Alabama taken at a rowdy pep rally or court order, thereby breaking their statute has been applied to stu video tape of student demonstra promise to their source and their dents. Nevertheless, the statute's tors in China, a precedent is laid profession - or they can keep broad language would seem to whereby the next step to fo rce their promise, be cited fo r con include student journalists. The disclosure will be just that much tempt and risk jail time. law req uires that the material easier. Justice William O. Doug Further, the use of a "masked sought to be shielded must be be las. a staunch advocate and pro informant" where the information either published or broadcast tector of First Amendment rights could be obtained through more fo re the protection comes into during his 34-year tenure on the open channels or with a little -or effect. The law does not specify U.S. Supre me Court, warned of a lot - of thorough and compe whether or not information (as the evils of starting down such a tent report ing is si mply bad jour opposed to the source of the infor pat h: nalism. When a reporter uses a mation) gathered by a reporter is confidential source he has decided also protected. Neither does it "The intrusion of government to make a trade-off. Because it is specify whether or not a reporter into this domai n is symptomat the business of the profession to must have promised his source ic of the disease of this society. reveal the truth, a reporter who confidentiality in order fo r the law As the years pass the power of pledges confidentiality has decided to appl y. the government becomes more it is worth the price of co ncealing ARIWNA and more pervasive. It is a part of that truth -and ri sking Shield Law: Ariz. Rev. Stat. Ann. power to suffocate both people some loss of credibility - in Section 12-2237 (1982); Ariz. Stat. and causes. Those in power, orde r to expose a greater or larger Rev. Ann. Section 12-22 14 (1982 whatever their politics, wa nt truth. It is not a decision to be and supp.). only to rerpetuate it. Now that made lightly and should be The Arizona shield law protects the fe nces of law and the tradi avoided if at all possible. persons employed by or connected tion that has protected the press Nevertheless, journalists will with a newspaper, radio or tele arc broken down, the people continue to use confidential vision station fr om having to re are the v ic tims. The First sources and judges will continue veal their sources fo r material Amendment, 3S r rea d it. was to haul reporters into court to obtained fo r publ ication or broad- _... __ ._ ----_._--_ .._------_._------32 SPLC Report Foil 1989 LEGAL ANALYSIS - cast. According to the statute, in statute has been read as limited protect news sources. Pa nkraf:! I'. fo rm ation gathered by r eporters only by the Sixth Amendment Colorado Districf Court. 609 P.2d may be subpoenaed but only if the when the information sought is 1101 (1980). subpoena is accompanied by an essential to a fa ir trial for a crimi Two explicit exceptions to this affidavit stating, among other nal defendant. When such a show implied privilege have been fo und th ings: (1) that the affiant has i ng is made. the privilege can be by the Colorado Su preme Court. attempted to obtain each item of overcome where it is shown that The privilege will not be recog the information fr om all other the material sought to be pro nized where: (I) the reporter has available sources, (2) the identity tected is: (I) necessary, (2) rele participated in or witnessed a of those sources and (3) that the vant. (3) unavailable from l ess crime. Pankratz, and (2) wh ere a information is relevant and intrusive sources - and (4) in the court finds that the material material to the cause of action or sough t is relevant in a suit for de fe nse asserted by the affiant. The protection conveyed libel. Gagnon v_ Fre mont Distriel The law goes on to state that a Courl. 632 P.2d 567 (Colo. Sup. subpoena not accompanied by by the Califo rnia statute Ct. 198 1). such an affidavit may be ignored. has been read as limited In addition to its re luctance in This privilege does not apply be only by the Sixth explicitly recognizing a reporter's fore a grand jury or magistrate privilege, the Colorado court has during an investigati ve cri minal Amendment. interpreted the state's evidentiary proceeding. Also, the law does not discovery law broadly, requiring specify whether or not a reporter case of subpoenas by criminal disclosure of a reporter's material must promise his so urce confiden. defendants, reasonably IikeJy to where the party seeking disclosure ti ality for the privilege to be in result in exoneration of the de shows only that the material is effect. While there are currently fe ndant. Ha mmarley v. Superior relevant. Gagnon. If a qualified no cases in wh ich the Arizona law Court. 153 Cal. Rptr. 608 (Ct App. privilege is fo und to exist in Colo has been applied to student jour 1979). A similar qualified priv rado, there is nothing to ind icate nalists, the statute's broad Ian· ilege has also been fo und to exist that it would or would not include . guage regarding who is protected in libel actions, with the added student journalists would indicate that the law would requirement that the pl aintiff All told, Colorado jo urnalists give student journalists the same must make a basiC showing that should be extremely cautious in pro tec ti on afforded others. the al leged libelous material is making promises of confidentiali· CALIFORNIA fal se. The court must then balance ty. Shield Law: Cal. Evid. Code Sec· the need for the material against MINNESOTA tion 1 070 (Deering -Supp. 1978); the need fo r confidentiality. Shield Law: Minn. Stat. Ann. California Constitution Art. 1, Mitchell v. Ma rin County Superior Sect ion 595.02 1-.025 (West 1987 Section 2. Court. 690 P.2d 625 (1984). & Supp. 1989). While the state's shield law ex· In addition to the statute-based The Minnesota shield law expli plicitly bars con tempt sanctions pri vilege, the California Supreme citly re cogn izes the pu blic's inter only, Californ ia courts have inter Court has recognized a reporte r's est in protecting the fr ee flow of preted the law as giving journalists qualified privilege under both the informati on provided by the news . and other persons connected with First Amendment and the Califor media The law protects those or employed by news media orga nia Constitution (Art. I, Sec. 2). persons "directly enga ged in the nizations a qualified privilege to Th is scope of this privilege has gathering, procuring. compiling, . refuse both disclosure of sources been viewed by California courts editing, or publishing o f infonna- ) and the turning Over of both pu� as nearly identical to the shield tion" fr om revealing both sources lished and un published infonna· law. and unpublished information. tion . Further, the statute has been COLORADO While there are no reported cases interpreted to protect both confi Shield Law: None directly i nvol ving students, the dential and non-confidential infor Currently, journalists are guar language and spirit of the law mation. Rosato v. Superior Co urt, an teed no right of freedom from would seem to enco mpass student Ca l. App. 3d 190, cert. denied, 427 disclosure. The Colorado Supreme journalists. U.S. 912 (1976). Court has struck down a journal The courts have interpreted the While there are currently no ist's claim of privilege in each of statute to protect even unpub cases applying th e shield law to the two cases it has heard on the lished i nformalion from a non student journalists, the broad lan matter. However, Colorado courts contidential source. Arial Burials. guage of the statute would seem to have implied that a common law lnc. I'. Mi nneapolis Star and Tr i i ndicate that students are entitled qualified reporter's pri vilege may bune Co., 8 Med. L. Rptr. 1653 , to the same protection as other exist, despite the fact that neither (Mi nn . Dist. Ct. 1982). Be warned journalists. the First Amendment nor the state however, 'hat the sweeping protec- The protection con veyed by the constitution requires courts to continued on page 34 Foil 1969 SPLC Report 33 LEGAL ANALYSIS continued/rom ptlge 33 tion offered by the law is sharply limited by a statu tory procedure fo r those who seek exemption fro m the rule. Journalists can be fo rced to reveal both their sources and unpublished information where the material sought (I) is clearly re levant to a specific viola tion of the law, (2) cannot be obtained by alternative means, case involving students, a New and (3) is necessary to prevent York court, in New York v. Hen inj ustice. In addition, the shield nessey, 13 Med. L. Rptr. 1109 law will not protect journalists in (Dist. Ct. Nass. Cty. 1986), ruled students but charges a subscrip any defamation action where the that student reporters at Hofs tra tion fe e fo r a small number of person seeking disclosure can University were not protected by copies mailed to interested alumni demonstrate th at: (1) the iden tity the law. Unlike most other state or the like. Also unclear is whether shield laws, the New York law or not a publication must obtain a restricts itself to protecting "pro second-class mail permit if, fo r The Minnesota shield fe ssional journalists . . . who are example, it either (l) does not engaged in pre paring or editing distribute its copies via the postal explicitly recognizes law news fo r a newspaper (or other system or (2) distributes via ftrst the public's interest in specified news media)." Those or third- class mail instead. Similar protecting the free flow who Qualify are protected by what definitions define other types of is potentially one of the most news media and should be consul of information. comprehensive sh ield laws in the ted at the statutory ci te listed. country, en titled to absolute pro above. tection of aU confidential sources In the rare case that a student of the source is clearly relevant to and information. Unfortunately, publication meets the "newspa the issue of actual malice and (2) the law gives several de finitions per" (or other "news media") defi the information cannot be ob (e.g. "professional journalist," filtlon, a journalist seeking tained by alternati ve means. The "newspaper," "magazine," etc.) protection must then also meet determination of these issues is which sharply re strict the actual the requirements of "professional made during a court hearing with scope of the law. journalist." A professional jour provisions fo r direct appeal to a In order to claim protection nalist is defined by the law as one higher court. These broad excep under the New York law, students who, fo r gain or livelihood, is tions leave the effectiveness of the must meet each of the required en gaged in gathering, preparing, or Minnesota law in doubt. statutory de finitions, which will be editing news. Th is definition is In addition to the uncertain very difficult given the nature of not as clear-cut as that defining a protections afforded them by the most student publications. For newspaper an d was not actually law, Minnesota journalists must example, the first hurdle a student addressed by the Hen nessey court. also ta ke heed of a recent case in journalist must clear is that of the For example, while fe w student which a court decided th at a statutory provision defining journalists derive their livelihood source can sue a reporter fo r "newspaper." According to the from their work on a student breaching a pledge of confidential law's de finition, a newspaper is a publication, it is not clear whether ity. Cohen �', Co wels Media, 14 paper that has, for a year or more, students who are given a schol Med. L. Reptr. 1460 (Minn. Dist been ordinarily printed and dis- arsh ip, tuition reimbursement., Ct. 1987). 1ributed at least once a week, college work-study award or are in Taken together, it is clear that contains news, articles of opinion, some other way re munerated fo r ' journalists in this state must exer features, advertising, or other mat their work migh t be said to "gain" cise extra caution in their offers of ter regarded as of current interest, from such participation. confidentiality. has a paid circulation, and has The bottom line is that while NEW YORK been entered at the United States most student journalists in New Shield Law: N,Y. Civ. Rights Law Post Office as second-<:Iass matter. York will not be protecte d under Section 79-h (McKinney 1976 and The definition is fa irly straight the state's shield law, there are 1989 Supp.). fo rward, but Questions might arise students who may still be entitled New York' s shield law will pro where. fo r example, a publication to such protection and should be tect fe w student journalists. One is produced with st udent activity aware of its scope. of 1he only states which has direct fe es or where a publication distrib Student journalists seeking to ly interpreted its sh ield law in a utes the bulk of its copies free to protect confidential sources (non- 34 SPL C Report Foil 1989 LEGAL ANALYSIS - confidential sources are not pro both Sources and all information iSIs_ tected under New York law) and obtained by journalists ;n the WASH I N(;TO;'\ reo ... information are not without course of their work. It is not clear Sh ield La\ : NOlle course, however. For even though whether the journalist must have The stal,' Supreme C<)urt has a student journalist might not promised con fidentialitv fo r the l't'cognil.ed a qllJlified re porter'!. Qualify fo r protection under the source or information to be cov pri vilcgr that 3ppear� \cr"y fa \or able news \. state's shield law, New York has ered by the law. The only excep to !I1.' media. S:"netlr recognized a Qualified pri vilege tions to the Oregon sta tute exist Dally .10 lIF1)c/ _ (Ii/CrICLJ li, 97 under both the First Amendment where: there is probable ca use (I) Wash.2d 148 rr9iC)_ Currently. there and the New York Sta te Constitu to believe lhat the journalist has are no Cil �e � that diredlv address lht:: - tion. Indeed, the Hfll llessey court or is about lo commit a cri me or question of studcnt the reporters. pr evailing posi opinion ca n be read to suggest (2) where defendant in a defa but tile' that students are entitled to the mation suit has asserted a defense ti"e attitude of {he courlS rC'ga rd· _ .. -- -- -_ .. based on the content or so urce of ing the need fo r prctc'c.i�)n fr om the information. di�clOSlJre \�'ould �enn tu rndicale The Washington state that sludenls the TEXAS woui,i b,' enutled Supreme Court has rec Shield Law: None same protections atTo rd�'d proft-s While there is no shield law in sional new� media. To (\\ c'ITome ognized a reporter's priv (hat Texas. the courts have recognized the privilege. Selll'ar held a ilege that appears very a qualified pri vilege protecting a party must sho�: (i ) that the fa vorable to the media. reporter's confidential sources and con fidential inlormauon IS nec fo r il information under both the First essary proving daim or de Amendment and the Texas State fe nse, (2) that re::J �onabk ellons ha ve been n same constitutional protections as Constitution (Art. I, Sec. 8). made II) ob!al the Ch annel v. through altcrn;l[C all other journalisls. The courts Two Television Dicker malerial �ources. and (3) have fo und, however, that this SOil, 725 S.W.2d 470 (Ct. Clv. the claim SUl'U upon oS not qualified privilege does not offer App. 1987). The reporter's priv fr ivolous. The SUi)rl'me Court ex the same broad protections offered ilege, however. must be balanced tended the pri vilege [0 Include by the shield law. The pri vilege against the defendant's interest in cri minal trials I () SiLI/" L'. l{lIItlldo. obtaining the evidence pursua nt addi must be weighed against the party t02 Wash.1d 749 (1984). [0 seeking disclosure's Sixth Amend to his constitutional righ t to a fa ir tion. a trial court kid lhat the trail. Along these lines, Channel privilege eXlend�d to ment right to a fa ir trial. Generally nOIl-confl- this means tbat a reporter can be Two Tele l'ision held that the priv fo rced to disclose his sources or ilege can not be overcome absent a In order to clai protec and m information where a court deter "clear specific showing" that tion under the New mi nes that the material (l) is high the material is (I) highly material and relevant, (2) necessary or eri t York law, students must ly material and relevant, (2) is critical to the maintenance of the ical to the maintenance of lhe meet each of the re claim and (3) not obtainable fro m claim and (3) cannot be obtained quired statutory defi· fr om other sources. other available sources. The court Students seeking to preve nt dis also said the person seeking dis nitions. closure are advised to keep both closure has the burden of showing of these defenses in mind. that each item he seeks meets this den liaL lInpubli�hl'd lof()rJnallon .) th ree-part test. The reporter\ con and said that to allow othc-fwise OREGON the unlinHll'd dl<,cQ\- Shield Law: Or. Rev. Stat. Section st ilUtional rights are gi ven "would permit 44.510-44.540 be nelit of the doubt. ery iiOlc'i (1985). of Journah�lic and The Oregon shield law provides Another co urt decision i ndi· would \ ('r� de fillllel� encroac h extensive protection fo r all mem cates that a cri minal defendant upon First Amend men t ngh l�_" bers of the news and information may not have to meet this burden, \ en , Wash il!,�toll 'f Iflli(1�£'r,985) .I I media. While the courts have ne v a t least where the newsperson was Med_ L-RptI'. 246\ 246�. er applied the law to a case a witness to the crime. Ex Pane \vISCONS(� in 687 736 volving a student journalist, the Grothe, S.W.2d, (Tex. Cr. Shield Law: N()n� App. S.Ct. broad language of the statute and 1984), cerl. denicd. 106 The Wisconsin Suprcnw Coun 308 (1985). Also, it not clear its liberal interpretation in other is ha� fi rmly upht'ld the qualified cases makes it highly probable whether or not such a pr ivilege ri gh t ot Journal!�t� to refuse to be un that students are en titled to its fu ll would extended to include ap disclose confidential ,)ou rce s protection. The statute provides pearances before a grand jury. der hOll! the Flrsl �m,nJment no lh.. absolute protection fr om com There are cases that indicate and - \\ilSd)!�\tf' (\l!lSlifUllon, pelled disclosure (explicity includ whether the pri vilege would or SllIIi' l A'I1f}ps. -4':; Vv 'I�, 2J 047 ing governmental searches) of would not include student journal- : 'illI,llIlIt'd In {'age 36 - - -- .-.. -..- --.-.------.. ------�Fall---:- 19-89------�PLC Report- 35 ADVISERS page 35 the cOnlinlJedfrom whether or not privi lege in While the state courts have (1971). Such a pri vilege extends cl udes student journalists. Howev been receptive generally to the even to appearances before a er, the very broad language of the idea of a qualified reporter's priv v. Wisconsin Constitution, upon grandju ry. Zelenka Wisconsin, ilege, Wisconsin journalists must 130 Wis.2d 34 (1986). In order to which the pri vilege has been nevertheless be cautious in exer overcome the privilege, the fo l· based, would seem to be on the cising such a right as the law lowing fa ctors are considered: (1) side of student reporters. A cle remains ambiguous on rti I, many whether pany s ek n 2' tes the e i g the in· Section sta : fr onts. For example, in addition to fo rmation has sought the material the applicability of the privilege to through alternative sources, (2) "Every person may fr eely is students, i t unclear whether or whether the information goes to speak, write, and publish his DOt information afforded the sentiments on a\1 subjects, be is the heart ofthe matter, (3) wheth same protection as sources, or er ing responsible fo r the abu of e the infonnation is of certain se wheth r non-(;onfidential material , that right. and no laws shall be is protected. Further, t e relevance and (4) the type of con h fo ur-part troversy. passed to restra in or abridge the test listed above affords the couns liberty of speech or of the wide discretion its applica There are no cases that i dicate press." in n lion .• Supporters rally, challenge adviser's dismissal INDIANA-An award-winning athletic department run the year ing to have to explain all your high school yearbook adviser was book, Athmann says Mifflin has s acti on when you haven't done removed fr om her position after been b d uil ing a file on her so she anything wrong." she defended her stall's right to r could be 'fi ed as adviser. This file Parer ts, students, other advis control content, but public sup i s filled with fa lsehoods, she says, ers and the Indiana High School port has prompted the school and inaccurate records and incom Press Association wrote letters to s board to look into her di missal . plete minutes of her meetings with board members urging them to Marilyn Athmann says pri nci the administration have been in e ov rrule Mifflin and return Ath pal fired her serted to make her seem uncoope James Mifflin be mann as yearbook adviser. When cause she and her student refused rative. s over 50 people attended a June to let the sc hool's athletic depart was lied to so often by "I peo school board meeting to support ment control coverage of Ben Da s," ple who were my supervisor continued on next page vis High School's state champion Athmann said. "It's just exhaust- foo tball team in the 1987 Keyhole. Ever since the superintendent � overturned Mifflin's decision to give the athletic department edito rial control, Athmann says the administration has harassed I)er with frequent meetings to criticize the students' role in the yearbook. When Athmann was fired on the last day of school in June this year, Miffii n told her the move was a result of her poor relationship with ot her teachers t and involvement of studen s in y earbook matters that should have been handled by fa culty. When Athmann asked fo r a list of i tems administrators wanted her to im prove, she received seven mem oranda that they said documented their concerns. Athmann says the message in these memos was that she would not have lost her job if she had let Mifflin call the editori al shots. Since she refused to let the 36 SPlC Report Fall 198Q ADVISERS Prior review raises flap at Eagle 's Eye; adviser quits C ALIFORNIA-The newspa4 had taken over as principal at the the superintendent of Pasadena's per adviser at Marshall Funda4 beginning of the school year, said schools, Dr. Phil Linscomb, Mac mental Secondary School in some fa culty and parents fo und Arthur rejected Caldera's attempt Pasadena tendered her resignation racist. Written by a black'student, to " 'become a partner in selecting rather than submit the student the story was a fa ntasy piece in material' chosen to appear in the newspaper in fu ture editions," cit newspaper to the princi pal' s pr� which the writer describes with v posed _prior4re iew policy. colloquialisms, dialect and deli� ing section 48907 of the California Principal Joe Caldera later era te misspellings being kidnap Education Code. which places the withdrew his plan, and journalism ped by a space ship that took him duty of student-paper supervision teacher Mary Ellen MacArthur to Africa. firmly with the journalism advis completed the academic year as The principal also reportedly er. adviser of the Eagle 's Eye without objected to an editorial that crit4 She explained in the memo that any administrative controls. In the icized an unnamed fa cility mem she offered Caldera her resigna meantime, her Iifth4period journa ber and club sponsor and an tion to "present a united fr ont to lism class received an unexpected opinion piece urging that students the students and avoid a n�win lesson in attempted censorship. be given a choice about whether civil war:' Her only stipulation MacArthur, a Stanford Univer they say the Pledge of Allegiance was that she be allowed to "finish sity journalism graduate who had in class. out the yea r on the Eye as is," that taught at Marshall fo r 14 years On March 1, MacArthur of is, uncensored. and was head of the Engl ish de fe red to resign at the end of the Caldera accepted her resigna partment, left the school in June. year, after she and Caldera fa iled tion but not her condition. Mac At press time she was awaiting to reach an agreement about Cal Arthur quit, effective reassignment to another Pasadena dera's bid fo r prior review. immediately. school. In a March 6 memorandum to MacArthur's class - the ea MacArthur started Marshall's gle's Eye staff - refused to pub student newspaper, which appears lish any more issues of the paper every three weeks, and had been in response. its adviser fo r nine years. On Thursday, March 2, about The specter of censorship at 100 Marshall students left their Marshall first took shape Feb.24, second-period classes 10 minutes after the Eagle's Ey e printed a early, threatening to stage a walk humorous story that Caldera, who out in unsolicited sympathy with MacArthur. her, the board said it would dis However, Eagle 's Eye staffe rs cuss her dismissal during at least persuaded the students to recon one summer executive session sider. with the principal, but had not "We have a good enough case acted on the issue when the Re against Caldera without breaking port went to press. Mifflin was the rules ourselves," Malt Luecke, unavailable fo r comment. then-editor-in-chief, told the Pasa Superintendent Edward L. dena Star-News. Bowes told the Indianapolis Slar Parents of Marshall students it was "absolutely not true" that met with Caldera the fo Uowing Athmann's dismissal was an at week to express their concerns tempt at censorship. The district's about how he handled the situa4 long-standing opposition to prior tion. Local newspapers, including restraint still stands, Bowes said. the Los Angeles Times, covered Twelve of Athmann's last 13 the case. yearbooks have received the high On March 7, after a two-hour est award fr om the National meeting with faculty members, Scholastic Press Association and administrators, representatives of two of the past three have been the teachers union, students and named the top book in Indiana. parents, Caldera dropped his de The administration has never mand for prior review. MacArthur complained about the quality of returned to her position as adviser the book or her teaching or ad vis of the Eagle 's Eye, at least fo r the ing, Athmann said.• ron(inuet/on page38 Fall 1969 SPLC Report 37 ADVISERS Ohio adviser resigns over prior review Principal demands review after paper fails to back statement· � in al' prior po licy has Price's memo to Weber with one of his own. The OHIO A pr cip s review o t e ne\vspaper to resign his post in Nov. correspondence instructs Weber: " ...you are pr mp d a ad viser I protesl. hereby instructed that you are to meet with me d iser of at (without students) th ree days prior to the printing of Scott Weber. a v Th e Bl arney Sl one School, June decrying a the newspaper fo r my review and authorization ..." Dublin High quit 14, "lack of First Amendment right s fo r students" in his letter of the stories. Rich also listed nine potential rea sons of resignation. But des pite several set backs, Weber fo r a story's rejection, ranging from grammatical to press fr - c h issue errors and poor writing quality to bias, obscenity, said he will continue the ee spee at th e Col umbus area school. unsuitability fo r immature audiences and posing a On 24. 1988, Phillip superintendent substantial interference with the work of Dublin Oct. G. Price, of schools in the district. issued a memorandum to Schools. n o n adviser that he Price maintai ns he established the prior review Weber. i f rmi g the newspaper vv'o uld n Dublin principal o J. Rich pol icy to check fa ctual information, not to stop be directi g R bert the prior to goi ng to press fo potentially controversial stories. to "check publications. r unveri fied incidents and asserlions that have no Weber says it is censorship. ground in fa ct." Weber said he contacted his teacher's union and presented his case to a grievance committee. How ever, he said, the committee board, which he deemed [F ighting the prior review system} a "kangaroo court," was manned pre dominantly by made me lose all my enthusiasm fo r administrators, including superintendent Price. The grievance committee rej ected his claims. education. Weber said he also contacted the ACLU in Co fo rmer adviser Scott Weber lumbus. said the organization was ready to take He the case if it involved censorship. But because the prior review policy makes no clear-<:ut censorship t ng l u n the Sept. Price was reac i to a co m in 29, ca se, Weber said, he did not initiate any action. in student Jim T eml t 1988. Blame!' Stone which r et In June, Weber said the principal tried to hold up attacked the school's dress code. the year-end senior issue because he had not seen the me a school was rated seventh ''It amazes in that copy three days before the planned publica tion date. ill use by last the nalioil fo r drug USA Today year, Weber published the final edition anyway, but by how the administration can be so co ncerned about that time, Rich already had his letter of re signation. naugh t y T-s hirts." Trcmlett wrote. "It made me lose all my enthusiasm fo r educa a copy of Pri ce req uested 1.0 sec the USA Today tion," Weber said of his struggle against the prior st or , find it among y but student stailers could not review policy. issues. ha appeared the Nov , back A correction t t in However, the fo rmer teacher who is now a law issue ar explained . "Last S i g Channel II p tl y pr n 6 st udent said he wi ll continue to fight it, if not as an a o d as in which Dublin was had aired news br a c t educator then as a private citizen or a lawyer. concerning student d ug We can only mentioned r use. "We had letters in area newspapers supporting us the Jim Tremlett reported conclude th at statement as fr om October to February," he said. "A lot of people r u d the sc hool after fa ct stemmed fr om rlJ nHlrs a o n in the community are angry about the censorship. I the broadcasl.·' think ultimately it will cost the principal and the In meantime. p pa Rich fo llowed up the ri n ci l superi ntendent. ". concinlled (mm flage .3 .' MacArth ur. Arthur said she doubted the issue r� st uf the Yc'ar. She said the adviser's posltlOn was completely dead. MacArthur said was n o the Eagle 's Eye was assigned to strongly suspect the principal she t at "I bei ng rec rui ted by other high another Marshall English teacher will continue to exert some pres school pri ncipals tn Pasadena, and the journalism class is still sure," she said. which she attribules lO th� Mar offered. She said two other student s h a ll ce nsorship issue. In June. Although Caldera dropped his newspa pers in the Pasadena dis however. the Kiwanis ('I ub of prior re straint bid in March and trict have virtually disappeared e con t showed gene r l because of administratively im Pasadena beslO'vl"cd its first-ever t h roversy a disapproval of such a po licy . Mac- posed content controls Teach..::r of the Year award on .• 38 SPLC Report Fall lQ8Q ADVERTISING - Surgeon general bids to ban alcohol ads on campus by September 1990." Koop proposes prohibition on ads The collegiate press and advertisers alike are where many are under legal age aJarmed at what they see as a clear infri ngement of the right of commercial fr ee speech. WASHINGTON, D.C. - As part of a sweeping "We fe el it would be undue restraint," said David initiative aga inst drunk driving, Surgeon General C. Adams, director of stude nt publications at the Uni Everett Koop has ca lled fo r a ban on alcohol adver versity of Indiana and president of College Media tising in newspapers on campuses where a high Advisers. proportion of the students are younger than the legal Adams said student newspapers should do their e drinking age. best to encourag advertisers to be responsi ble by not But if the surgeon general's plan is realized, it running ads that promote excessive dri nking or could send commercial free speech in the collegiate drunk driving. But an all-out ban would be unconsti press into a long dry spell, opponents say. tutional, he said. A panel on advertising and marketing at Koop's "Advertisers have First Amendment rights. too," December 1988 workshop on drunk driving made Adams said. nine recommendations on promotions that, if imple Gloria Freeman, president of College Newspaper mented, would sharply re strict alcohol advertising, Business and Advertising Manage rs. said her group particularly advertising directedat young people. has issued no general statement on alcohol advertis "Mass communication is one major source of ing in the collegiate press. However, she said the learning about alcohol use, especially fo r youth," the organization believes advertisers should be responsi proceedings of the workshop, released amid contro ble in their promotions. versy May 31, state. "In particular, advertising tends "I'm obviously opposed to drunk dri ving," Free to glamorize alcohol use and to give a one-sided view man said. "But as long as (alcohol) is legal, [the alcohol industry] has the right to advertise like anyone else." Those connected with adve rtising agree. Carleton Bryant, vice president of media services at American Passage, a firm that represents some 1,400 college newspapers to procure national adver tising, said, "It's a commercial free speech issue:' "Advertising in college newspapers is to promote one brand or another," Bryant sa id. "It doesn 't cause drunk driving." without providing info rmation about the conse Bryant also cited Department of Education figures quences of such use." projecting that only 24 percent of all college students The advertising panel's second proposal is to will be under 20 years old in the fa ll of 1992. "eliminate alcohol advertising and promotion on "Dr. Koop is making a broad and possi bly incor rect generalization that some vast proportion of the college campuses where a high proportion of the .. audience reached is under the legal drinking age." students are under the drinking age," Bryantsa id. It rem ains unclear whether the surgeon general's The panel reco mmended a five-point implementa tion strategy, some of which foc uses mainly on proposals will target all universities or just those alcohol education. Other aspects, however, re pre sent campuses where a majority of the student body is more drastic ac tions. younger than the legal dri nking age. ed First, the panel suggests "the surgeon general Bryant also fault the surgeon general's approach should request that the alcohol ind ustry cease adver for singling out the collegiate media as somehow tising and promotion efforts on such college cam different in reaching an underage audience. puses by September 1989." "You are not required to be 21 or older to watch the Additionally, the surgeon general is urged to write the Superbowl," he said, referring, to heavy to the presidents of universities where a high propor advertising - and wide viewershi p - the fo otball tion of the population is under 21, recommending championship entai ls. that they ban alcohol advertising and promotion on Bryant said that although most college newspapers campus. run about 40 percent advertising, less than 10 per And, the panel writes, "sanctions (lega l or eco cent of that consists of alcohol ad \"rl ising. Before nomic) should be developed against the alcohol the legal drinking age was raised (0 21 in all states, industry, and possibly universities, if alcohol adver however, distillery- or brewery-re lated advertising tising and promotion on such campuses do not cease ron /inuedon page 40 Foll l989 SPL C Report 39 - ADVERTISING page 39 part of the Alcohol, and Mental continued from Drug Abuse Health accounted fo r ){).40 percent of the advertising in Administration, edia. "The surgeon general has no power to implement campus m these He likened the bid to ban alcohol advertising on recom mendations," Convissor said. "He can testify, can educate, but can't campus to the agreement in the early '60s among he he requirethat these cigarette manufacturers not adve i their prod recommendations be to rt se implemented," uct in o le e n ws aper . Koop's effective last day in office July 13, c l g e p s was ''I'd point out that lack of ad vertising hasn't Convis sor said. although his resignation as surgeon stopped s oki g on ca pu s," Bryanl said. general officially takes effect Oct. I. m n m se But while the rec n tion have provoked Convissor said no letter to university presidents omme da s had been drafted before Koop went to plenty of debate, there is some doubt that Koop's inactive status. She added the su eon ay o proposals will ever progress beyond the good-idea new rg general m r not recommendations set stage. may be as receptive to the ar recommendations," Rena fo rth in the workshop, but anothe adminjstrator "These e said Convis r the Office fo r Substance Abuse Prevention, might pi ck up where Koop left off. • sor or California universities fight term paper mills CALIFORNIA-Do advertise have known that such term paper, tions. ments fr om companies that sell thesis dissertation, or other writ For example, a SuPerior Court pre-written term papers belong in ten material is to submi d by be tte judge issued a preliminary inj unc collegiate newspapers? any other person fo r academic tion on Feb. against a 16 woman The 9-campus lifornia State credit . .. " who legedly produced t Ca . al research U ni versity system has been gra p fo r s udents at Angeles, t CSU, Los pl i ng with that question fr om to tum in fo r credit. many fro nts, with mi xed reports, Research o e companies and s m According to the May 27 edi student editors maintain the pa tion of Publisher, San per are study aids, like Cliffs Editor & s Diego State University officials NOles litera condensations. They ry have requested CSU at orneys to say research used t services can be seek an i nj unction against a Los fo r egi ti ate purposes, and stu l m Ange les research com a y to pre dents who such p n tum in research as vent it fr om advertising in any their own work are the ones who campus newspaper in the system . oul sh d be punished. Rick Moore, director of com Chapman said the restriction munications at SDSU and a m em on term-paper advertising rep- ber of the scho l's publication resent no on o s infringement com board, said the university merely merci l the a speech because asked the system's lawyers to in companies producing them are vestigate such advertising and lO breaking the California law. collect evidence, which might lead He said there is no explicit law to an i njunction bid. ban ning newspapers fr om printing "There's a lot of pressure fr om advertisements fr om businesses the facu lty and some students to i nvolved in illegal transactions. take some action to prohibit the it "However, 1 don't think is eMs," Moore said. incumbent on a newspaper to run Mayer Chapman, general coun advertising fo r a company that is fo r the Long Beach-based Chapman said anyone who sus br aking the law," he said. sel CSU e "For system . denied that the legal office pects a company of producing instance, ws pe don't most ne pa rs was co nducting any review. finished term papers fo r students run murder-for-hire ads, you see if "We have a law C l ifo a may bring the situation to the lhe making... in a rni connection I'm against companies producing pa attention of CSU's attorneys. Apparently, other campuses pers fo r other people to turn in fo r Although there is no penalty fo r ha e the connection. v made academic credi t, ,. Chapman said. violating the education code, the Carlewn Bryant, vice president of the courts may "grant such relief as of media services at Indeed, Section 66400 is American California ducation Cod e prohib nccessary to enforce the provi Passage, a that c n s ad E firm o nect the production or distributio siuns." This includes the ils n issuing vertisers with college newspapers, any wri tte n work fo r a fe e of i j unctio s, according to the of or n n said campus papers have "fairly other compensation when the sell statute. well self-regulated out term-paper er kno s or "should reasonably And there have been i njunc- w ads," • 40 SPlC Report fall 1989 PHOTOGRAPHERS Superintendent overturns principal's veto of photograph MARYLAND - A principal's complete trust in us," Del Nero ion and express a concern." objection to a photograph turned said. "Then we found out they Although Chatmon says shl.: un an attempt to educate students didn't. " derstood Mayer's rt.'sl'rvations about the hazards of drunk driv Ma yer says he objected to the about printing (he photo, shl' ing into a battle for student press timing, not the photograph. He found nothing in Ih� policy to rights. asked the staff to hold the photo legally back his censorship. Five Catonsville High School until the prom issue when the After the paper's right to print students were injured, two critical condition of the injured students the photo was confirmed, hO,wev ly, in a drunk dri ving accident last would be more stable and students er, Del Nero decided nOI to usc it February. The newspaper staff would need to be reminded about after all. took a photo of the demolished the danger of driving drunk. "We saw it as a victory for us. car and planned to run it with an "I wasn't so worned he was but it was pointless to print the article about the accident when wrong [in his reasoning on why picture," Del Nero said. "Our point had been made and to prinl it would not have been as produc tive. (The photo) had c3u!.cd a lot of controversy in our school and we didn't want to cause problems. It wasn't worth it." The students took the photo to a local weekly paper, where it ran alongside a description of the acci dent. "I decided to run [the photo 1 because it was a graphic ilJunstra tion of something all kids should be aware of," Calonsv;//e Tlilles :-�t'1-;� editor Elaine Cloud Goller said. ��/��l�;' .:� ;f: �.�. ·,It was a good quality photo and it made the point I wanted to � p7:r:r� , / .I : ' i" make," ,r.:-::..;,... ' ��, ..... : ..... I � The relationship between �tu :��>�R��· ",.' dents and administrators has been catonsville's principal said this ph�tosnPbby Brian Young wU100 distuJ'tling. tense since the confrontation over (he photo, and students have principal Lynn Mayer stepped in, the photo should not run}, 1 was shied away from controversy. Mayer heard about the photo more worri ed about the Gracie �ays. from his assistant principal, who censorship," Del Nero said, ''It'5 A student was raped on the way had discussed it with newspaper the principle of the matter. I to school just the adviser Sally Gracie and objected didn't want to make a precedent before next issue was to come according to to its inclusion in the paper. He and have him be able to say, out, but Gracie, that story didn't get lhl.' says he was interested in protect- 'Well, I did this before, I can do it coverage it deserved because stu ing the feelings of the accident again. ' " dents were reluctant to interview victims and their families and was The staff turned to its school people involved. not practicing censorship, but edi- district's publication policy to see tor Jennifer Del Nero disagrees. if Mayer had the authority to Although she admits that she "A lot of people came to the aid censor the paper. The photo did was cautious in her choice of of the families (of the inj ured] and not qualify as libel, obscenity or stories and avoided the principal forgot about the real issue," she incitement to riot, which are pro- for the rest of thc year. Del Nero said. "People don't want to con· hibited by the policy, so the stu- says shc has also become mort:' front problems like drinking and dents took the issue to assistant confident about her role as a re driving, and that angered me," superintendent Evelyn Chatmon. porter. As much as Del Nero wanted to "I think it was healthy for the "It's im portant to know vour educate students on drinking and students to file the complaint," policy. " Del Nero �aiJ, ·'�s 'long driving, censorship becaQle the Chatmon said, "We live in a as you know your limitations and hot topic, "We had always as- coumry where we have freedom of what has happened in the pa�(, sumed (the administration] had speech. the right to hold an opin- you can support yourself." • -----'--- =----::--::-::-:=-=------_._. __...... Foil 1989 SPLC Report ill PHOTOGRAPHERS Summer workshoppers refuse to aid police Learn journalistic ethics first hand when police try to seize film, notes MISSOURI - Photographer Bri University of Missouri campus "They told me about the prin an Weaver's disdain fo r one-hour Iive days after Ihe confrontation, ci ples involved," said Weaver. photo processing - and a Quick Watring said in mid-July that po "It is inappropriate to be turn lesson in journalism ethics -pro lice and the Boone County Pros ing these materials over to the duced a clash between high school ecutor's office still had not police," said Robert Knight, Mis- student journalists and campus decided whether to ask fo r a souri r nterscholastic Press Asso police during the University of search warrant fo r the negatives or ciation director and a faculty M iS50 u ri- olu m bia'5 Su m mer to press charges against Weaver C member at the University of Mis Media Workshop in June. fo r lampering with evidence. souri-Columbia School of Journa The confrontation came after Sandy Scott, a communications lism . "To protect the credibility of Weaver, a staff photogra pher fo r law professor at the University of journalists, we can't be agents of The Lafayelle Image at Lafayette M issouri-Colu m bia and Work· the police." High School in Ballwin, Mo., re shop legal counsel. said that in fu sed to turn over to campus addition to a subpoena fo r pro Knight and Weaver both raised police film he shot at even ts sur duction of documents, Weaver the possibility that police have ro unding a June 12 remembrance and the Workshop are entitled to been aggressive in pursuing Weav ceremony fo r the Ayatollah Kho a hearing before they would be er's negatives because he is a memi. Weaver and reporter required to give Ihe negatives to student journalist. However, Christy Stovall of Central High the police. She also said that it is Watri ng said the University of School in Cape Girardeau , Mo., unlikely that the prosecutor's of4 M isso uri Police would have "han were co vering the ceremony fo r fice wou ld press charges against dled it the same whether they the Workshop Missourian, the Weaver under Missouri's evidence were studen ts or professional jour newspaper produced by students tampering statute. nalists." Weaver also said the oth participating in the Summer Me Weaver said he initially was er journalists covering the dia Workshop. The Khomeini service was in terrupted when police evacuated the bu ild ing in response to a bomb threat. Major Jack Watring of the University of Missouri Po lice sa id officers wanted the film to help them identify the person who made the bomb threat, possi bly fro m among protesters who had gathered during the ceremo willing to cooperate with the po Khomeini ceremony left before ny. Weaver, after consu lting with lice req uest fo r his film but hesi police evacuated the buildi ng fO T workshop advisers. decl ined to tated when the officer making the the bomb threat. give police the film on the request said she was going to The confrontation provided a grounds that to do so would make develop the Iilm at a one-hour first-hand lesson in journalism him an in vestigative arm of the processing Slore. ethics fo r the 240 high school police, a violation of journalism "That was lame." said Weaver. j ournalists panicipating in the pri nci pies. who planned to process the film workshop, which culminated June Police also asked Stovall to g1ve himself that night. "But r was 16 with a panel on the ethical and them names and other informa prepared to give it to her if she legal ramifications of Weaver's tion that would help identify the rcaliy wanted it I just wasn't and Stovall's experience. Knight protestors. Sto vall refused. Watf aware of the rights that r had as a said the incident also underscored ing said the police will not pursue student journalist." journalism teachers' responsibility Stovall's notes because she must Weaver said lhat when the po lO add ress th e rights of student have been among journalists they lice officer went 1O con sult with journalists in the wake of the 1988 determ i ned did not have informa her superiors, he consulted his Supreme Court decision in Ha tion that would aid their invest i advisers, who also had been eVac4 zelwood School District v. Kuhl ga tion. ualed since the Summer Media meier. Although Weaver's negatives Workshop was being held in the Knight said Weaver's experi were still in the possession of the same building as the Khomeini ence proved to be an ed ucational Workshop when Weaver left the ceremo n y. continuedon page �4 42 SPLC Report Fan 198Q VIEWPOINT Publication policies: post·Hazelwood lifesavers by Peter Habermann, Lillian Lodge Kopenhaver and perhaps implied in the Supreme Court decision." He David Martinson added, "We oUght to ...encourage student expression wherever it might be." Viewpoint is an occasional series written by those In addition, two days after the Supreme Court with a special perspective on problems faced by the ruling, the deputy superintendent issued a memoran student press. Peter Habermann, Lillian Lodge Ko dum to all junior and senior high school principals penhaver and David Martinson are all associate advising them to continue their present policy and professors in the School of Journalism and Mass procedures for school publications. He said the Communication at Ronda International University ruling "does not appear to affect our district in Miami. guidelines for student publications.... These guidelines have permitted and encouraged newspa pers to explore issues and problems of concern to Guidelines for student publications, drawn up students. They have served the schools and staffs within a school district to protect press freedom, well. " approved by the school board and enforced by the The existence of these guidelines may also be a superintendent's office, may, in the last analysis in factor in the level of support individual advisers this post-Hazelwood era, be the best protection for report regarding their own support of student First students' First Amendment rights. Amendment rights. At least that is one possible In the case of Hazelwood v. Kuhlmeier, the U.S. explanation for the differences we found after survey Supreme Court said that the "determination of what ing newspaper advisers in the South Florida metro manner of speech in the classroom .... is inappro politan area. priate properly rests with the school board," thus We attempted to contact all newspaper advisers in placing the ultimate responsibility for student ex the 62 public high schools in the metropolitan area pression at the local school board level. as part of a larger survey regarding student and In Dade County (Miami), Florida, the fourth general free speech/free press issues. We sent a five largest public school system in the United States, just page questionnaire to each adviser, and after two such a set of guidelines for student publications has mailings received usable responses from 40 advisers. provided advisers and students with greater assur Because one school wrote back and said it did not ance that they can practice responsible journalism have a newspaper, this equaled a final usable return free from arbitrary censorship. These guidelines also rate of 66 percent. provide administrators with a firm reminder of that The questionnaire contained a series of items; free press guarantee. only those directly related to this article are reported Since 1983, when the school board approved the here.The table illustrates the mean differences found guidelines and they were put forward as school between Dade advisers and those from the other district policy, students have operated under the three counties (Broward, Monroe and Palm Beach) policy that the editor makes the final decision on that make up the South Florida metropolitan area content, and advisers have operated under the policy regarding 25 statements related to student/general that they are not censors. The guidelines were a free press/speech issues. Each of the 25 statements product of a country-wide committee of educators was followed by a seven-point scale on which respon from junior and senior high schools, the local public dents could register the level of agreement/disagree university, professional journalists, school adminis ment with the particular item. trators and student editors. The table shows that Dade advisers took a more Over the years there were a number of instances favorable position toward press freedom than did of attempted censorship by school principals or vice advisers from the other three counties on 20 of the principals in which student press rights were upheld 25 items, and for 12 of those 20 items the differences after the administrator concerned was reminded of were slat istically signijicanl. (There were no signifi the guidelines by an area superintendent or similar cant differences for the five statements where the district official. One week after the Hazelwood deci advisers from the other three counties took a more sion was announced in January 1988, the chairman favorable position.) of the school board asked the superintendent of Some key areas in which Dade advisers had schools to reaffirm the board's current policy on significanlly different-and more favorable from a student publications. He said the board was happy student press perspective-reactions than other ad with the way things were: "We, if anything, have visers included: given more responsibility to our students and in * "It is more important for the school to function return have gotten more mature decisions from them smoothly than for the student newspaper to be and certainly haven't had any difficulty that is Continued on page 44 Fall 1989 SPLC Report 43 VIEWPOINT cO llllnued/ro m page 4J several Dade advisers also made mention of the fr ee fr om m e censorship." (Item guidelines and the attitude of ad inistrativ 1- the school district One Dade advisers were much stronger in their adviser said, .. Dade County guidelines ...ensure an uncensored students press disagreement.) and define the role of a * . . As long as the school board pays some portion sponsor as an adviser, not a censor." Another sug of the bills, sc hool administrators should have gested, "We are safe because we are supported." some control over what is is printed in the Finally, another noted, ''I've advised newspapers school paper." (Item II-Dade advisers were almost years. These questions are answered 20 in light of Miami's liberal policy. not much stronger in their disagreement.) I'm certain I .. "School administrators should have the right to could have answered the same way in either of the other two school systems where prohibit publication of articles they think harm I worked." Interestingly, a concern about fo rmalized proce fu l even though such articles might not be legally libelous, obscene or disruptive." (Item 14- dures appeared also to impact on other areas that Again, Dade advisers were much stronger in should be of direct concern to advisers. Fewer than their disagreement.) half the advisers in the other counties, fo r example, copy be even had a w tten job description, w ile nearly .. "If an administrator asks that read prior ri h 70 to publication, the adviser should do so." (Item percent of Dade advisers said they did. Similarly, 20-Dade 85 r en advisers slightly disagree, while advis while nearly pe c t of the Dade advisers said ers fro m the olher three counties agreed.) they had an editorial policy/staff manual fo r their * press re ic l "Once students have been trained in part u ar publication, only slightly over 55 percent should have co sponsibility. they fu ll control over of advisers fr om the other three unties said this all editorial content in the student newspaper." was the case at their schools. Advisers in Dade (Item 21-Dade advisers agreed while advisers County were also more likely to have published job three disagreed.) f r fr om the other counties slightly descriptions o editors. In the open--ended part of the questionnaire, Fi nally, while the percentage of advisers saying continued/rom page 4L Covering the remembrance cer them turn over their materials tool fo r police as well as the be us the i emony provided a number of ca e ncident was unantici students. challenges for Weaver and Stovall, pated in the context of a high "I don't think they [the police) journalism who in addition to confronting school workshop. knew about the law in this partic police had to deal with closure of "The workshop is intended fo r ular situation," said Knight. "And the ceremony and sources who did high school journalists going back they didn't understand why we papers not want to be identified. to their and yearbooks, so weren't ooperat ng. talked to was c i I Kn ight said it unlikely that we wouldn't normally think about one of the officers in charge ... and Weaver and Stovall were advised addressing those things," said discussed what was at stake fo r us. ahead of ti me about how to deal Knight. "(Workshop photojourna That doesn 't mean he agreed with with the controversy surrounding lism adviser] Peter Mortimer next but the dec ision, I think that put the remembrance ceremony or the year will probably want to men so me things in place fo r him." police officer's attempts to make tion this, th ough." • CO llI/Hued/rom Two months later, the U.S. page 22 IO p.m. as a standard. rege nts. which is legally obl igated Instead of fo llowing this ruling, Court of Appeals fo r the District of Co lumbia Circuit ruled that the to exercise some co ntrol over the the FCC used a broader definition station's broadcasts. [n ending the of indecency and said indecent FCC must better substantiate the dca t should be time fr ame fo r indecent broad investigation, the FCC determ ined broa s s li m ited until that the university'S level of con after midnight. Indecency had pre casts, but upheld the new indecen trol was sufficient. "' iously been defined by a list of cy definition. The university also defended " seven dirty words," but in the In October 1988, Con��ss the indecency complaint by argu KCSB and two other similar cases, passed an amendment requlOng the FCC decided that offensive the to adopt rules prohibiting ing that KCSB-FM had not vio FCC lated the standard in effect at the description of sexual or excretory all indecency at all times. The time of the broadcast. orga ns or activities are indecent as FCC complied, and the new rule The station was fo llowing a well. was to ta ke effect Jan. 27, but Broadcast, journalism and pub several concerned groups the 1978 $upreme Court decision took lic interest filed suit in ruling to the U.S. Court of Ap which said stations could broad groups cast indecent material at times May 1988 claiming the FCC's new peals fo r the D.C. Circuit. The when children would not be listen definition was vague and that the court has not yet ruled on the ing. The coun did not set a specif after -midnight time restriction fo r indecency prohibition, but stayed indecent broadcasts was too nar the FCC's rule pending the out ic lime in that decision. but an unwritten industry guideline set row. come of the case.• 44 SPlC Report Fatl 1989 VIEWPOINT Mean Responses of Southeast Florida Public High School Newspaper Advisers to 25 Statements About Student Press General First Amendment Issues NOTE: A " ' " on the oriainal sca1e repreICIlted wstrongly qn:e," while a wi" represented ustrongly disaaree." Therefore, the smaller meam in Ibis table represent greater agremwrI withthe itmIS than theIarJermeans. A W4" indicateda neutral response. Dlide Other Mean Mean Significance * 1. [t is more important fur the school to function smoothly than for the student newspaper to be free 6.00 4.33 from administrative censorship * 2. Having school administrators read student newspaper copy before publication is a form of 1.15 2.00 censorship. * 3. Publishing a newspaper free from admin.istrat.ive censorship is not as impon.&nt as maintaining 5.92 4.19 discipline in the school 4. The student newspaper is more a learning tool than a vehicle for the expression of student opinion. 5.23 4.12 * 5. The student newspaper should be allowed to print a story that it can prove is true even ifprinting 1.62 2.70 that story will hurt the school's reputation. 6. Ifthe student newspaper takes one side of a controversial issue, it shouJd be required to print the 3.58 4.15 other side. * as 3.00 4.27 7. Allowing students to use the student newspaper a vehicle for . student expression outweighs any public relations considerations regarding the newspaper. 8. If the adviser knows that the newspaper is going to print smething that will put the school in a bad 5.92 5.73 light, the adviser has a professional obligation to see that the particular item is not published. 9. The adviser is obligated to inform the administration of any controversial stories before the 6.00 5.08 newspaper goes to print 10. Controversial issues have no place in a student newspaper. 6.69 6.81 * 11. As long as the school board pays some portion of the bills, school administrators should have some 6.08 4.30 control over what is printed in the school paper. 12. If the football team is playing poorly, the student newspaper should attempt to emphasize the good 6.15 5.96 points rather than printing objective accounts of the team's play. 13. Articles that might hurt someone's feelings shou1d not appear in the student newspaper. 5.15 4.19 * 14. School administrators should have the right to prohibit publication of articles they think harmful 6.50 5.23 even though such articlesmight not be legally libelous, obscene or disruptive. * 15. Aiticles critical ofthe school board should never appear in the student newspaper. 6.62 5.69 • 16. Articles critical ofIocaJ politicians sbould never appear in the student newspaper. 6.46 5.23 17. Articles critical ofteacbers or administrators should never appear in the student newspaper. 6.08 5.04 18. An adviser should read copyprior to publication. 1.54 2.00 19. The adviser should correct factual inaccuracies in student copy before publication without 5.62 5.15 conferring with the students involved. • 20. If an administrator askscopy that be read prior to publication, the adviser should do so. 4.62 2.77 * 21. Once students have been trained in press responsibility, they should have full control over all 2.42 4.33 editorial content in the student newspaper. 22. A free press is fundamental to American society. 1.15 1.37 23. Society has an obligation to protect the First Amendment rights of groups such as the American 2.33 2.15 Nazi party and the Ku Klux Klan. 24. If there is a threat of confrontation between a speaker and the people listening, the state has an 1.62 2.38 obligation to protect the speaker's right to speak. 25, The American Nazi party bas as much a constitutional right to a parade permit in Miami as the 2. 17 1.92 American Legion. *p -.05 they had experienced censorship problems over the difference. past year was identical for both groups (slightly over The Supreme Court ruling in the Hazelwood case 23 percent), only one Dade adviser thought the leaves much of the decision-making regarding stu Hazelwood decision had influenced or changed the dent press rights to the local school district. status of the student newspaper at his/her particular Guidelines supporting student press rights that are school. Nearly one fifth of the advisers from the approved within that school district may be the best other three counties thought Hazelwood had made a impetus to and protection for a free student press .• Fall 1989 SPLC Report 45 FRIENDS SPLC gratefully acknowledges the generous support of the fo llowing A institutions and individuals, with out whom there might not be an SPLC, and without those whose book suppon, defending the free press rights of the student press would be a fa r more difficulttask. �orth (Contributions fro m May 1 through July 21) reading. Benefactors ($500 or more) College Media Advisers Now includes Journa lism Education Association Hazelwood Y. Kuhlmeier Los Angeles Ti mes (CA) supplement. Supporters ($100to $499) Community College Journalism Association uw of the Student �. /I fou �-yeDr pN'lject of the Student Press LawCenter. is the first Cub Reporter, Lawrence Central High book ever to offer an examination of legal issues confronting Am�rican's !ltudentiournalitls. School (IN) advisers and educati Contributors ($25 to $99) Get lome attention. TheBlue & Wh ile Flas h, Jackson Stale University (MS) The Scholosilc Press Freedom AWOfd Is given each year to the high school or Th e Breeze, JamesM adison coUege rtud«\t 0( student IleItJl medlum that hot demonstrated outstanding University (VA) support tor the F1m Amendment rights 0' Jtudenh. The award Is spoNOfed by the NotIonal ScholastiC Press Assoclotlon/Auoc/Oted Collegiate Press. Department of Journalism. Angelo NominatIoN for the award ore accepted until August 1 of each year and State University (TX) should clearly 8xplaln why the nominee deserves the award and provide Jeffersonville High School (IN) supporting moterlol. A nominee should demonsfrote a tesponslble represento The Meter, Tennessee State ;100 of press freedom ttvough \Allttlng 0( actIoN and the obility to rolle dftflcutt University and fl8C85SOrY Issues In news COV8loge. 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