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student press law center Let someone else ( be the "udge ,- ' ( BY ELLEN BlONDER-COUfHESY I>lOUIRY MAGAZINE The Student Press Law Center is not the only place students should look to for information about their First Amendment rights. The most important agent for freedom of the press is the press itself. With this in mind, the Center is sponsoring the Second Annual SPLC Journalism and Art Awards. We are encouraging high school and college journalists and artists to address First Amendment issues in an editorial, news anicle. feature or cartoon. Separate awards will be given for writing and art, and entries witt be grouped into high school or college categories. Winning entries will be publiShed in the Spring issue of S C together with a resume of the winners the national PL Report . To be eligible send us a copy of the newspaper containing your entry, published in a high school or college newspaper or magazine. Entries must be postmarked no later than March 15, 1980. Entry fee: A year's subscription to your student newspaper. -- - - ENTRY BLANK - SPLC JOURNALISM AND ART AWARD . --- . ... _--. _. - .,--- -- . --------.. " -'-"---"-�----- ········-·--·----- : . _. .. _ ... - --- NAME AS RU'H ,-.----- - . - . .. PU� E P HOME ADDRESS ____..... _. __ ___ ..._ __. ... ____ . ___._ .. .... _ .. ___ .. ___..... __.. ___ .. __ . __ . .. STATE. ZIP ._ .._. ____ .. ____ ..._._ .... ._._ ..... __. .........__ ._ .. ...... ___ . _ .. _ . __ . ___... .... _.. ______ ._._ __._. __ ........_. CITY, .. __._ . ...... .. .. _._. __ .. __.. .... ... ___ .. ....__ .. ........... _____ . ..__ ._ .. ....... ___ . _ ..._._. ___ ..._. ___ . ... __._ SCHOOL . _ .. DATE ARTICLE NEWSPAPER . .... .. ...._ .. __ .. .. _.. __ ...._. PUBLISHED . _ .._____ __ . _ ___ . ._ __ . _ _ .. .. o Yes, I have placed the SPLC on my newspaper's mailing list BPLC Report Staff CONTENTS I!DfTOR Features Barton Gellman Pnl'1CO on rSlty 6 Student vs. Student: The Pen Against David Danner The Purse � sny BobStaake UntY8fSty 01 n Cal lorn 21 TYPISTS Whipping Boy: Dolores Risner Diana Ouill Battle Strategies jor Adviser Survival DIRECTOR Michael D. Simpson 26 EXECUTIVE COMUlnEE Staake vs. The Supreme Court: Cartoon Feature ,; \ LEGAL ADVISORY COMMITTEE J , 44 Forum Theory: I ADVISORY BOARD Why Administrators Are Not the 'Publisher' OJ a School Paper Departments Letters . .. .. .. 4 Report Card . 10 Access.. .. -'. .. 12 til Advisers .. ........ .... ... 16 Censorship . .. .. 24 Government Action ....... 35 Libel .. .. .. 40 Noteworthy . .... .. ... 48 c. Ajrerword . ... .. 50 ---._--.----., ...,._--- --- ----"-----,, --------,, ----._"-,---"."",, ..,,- Fali1979 SPLC Report 3 Letters Student Press Mystery Bill Law Center The Student Press Law Center is To the editor: the only national organization I read the Spring 1979 Report wit h devoted exclUSively to great interest. The story concerning H. protecting the First Amendment Frank Carey [High School)'s news­ rights of high school and college paper is accurate all except the last sen­ journalists. The Center is a tence and I know that accuracy is the national legal aid agency key to good journalism. providing assistance and The bill which former [Carey Clip­ information to student per editorj Miss Sofia Koutsouris left Journalists and faculty advisers with me was returned to her and never experiencing censorship and brought to my attention again. Our other legal problems. records clearly indicate it was nOI paid by our school and I do not know, and neither does Mr. [newspaper adviser SPlC Report John] Scibelli know, whalever hap­ SPLC Report, published three pened with the bill. 'No Big Deal' limes each year by the Student I know this doesn't really maller To the editor: Press Law Center, summarizes very much, but I thought you might I have two complaints to report current controversies involving like to know that in Ihe interest of ac­ about the story on my libel case against student press rights. SPLC curacy this is what really happened. the Iowa City Daily Iowan [see SPLC Report is researched, written Reporr, Vo1. II, No.2}. But despite the John E. London and produced entirety by characterization of me which my oppo­ Principal Journalism and law student nents seem to have provided, I am not interns and solicits student about to make a stink out of it. produced articles. drawings and One is a typo which has the effect of Never photographs. Please send saying exactly the opposite of what I matenals to: To the editor: said. I was quoted as saying thai I Please allow me 10 clear lip sorne Student Press Law Center wanted to set a precedenl that calling a misconceptions which appeared in the 1033 30th Street NW Jew or Zionist a "racist" was not libel· spring edition of the Report. First, [ Washington, DC 20007 ous per se. But obviously what I t<:>ld have never, NEVER predicted that 0 you was that it is libelous per se. hlch (202) 965-4 17 � The Cavalier Doily would operate at a is the point r wanted to make. A Simple loss next year. I have said that I aI'll Copyright © 1979, typo, no big deal. concerned about the financial future or Student Press Law Center. Also, when I wrote you in March to the newspaper-as well as any editor All rights reserved. answer your inquiry, I told you we should be. were about to have a hearing on the ap­ Yearly SUbscriptions to 1 have also indicated that while the peals. I told you where to write to get a the SPLC Report newspaper made a respectable pr�fit copy of the judgment and thought cost $5.00 for students. this year, next year and the years fight you'd have enough sense 10 do so. YO lI $10.00 . after that might not be as profitable. for non·students. apparently forgot, so your story IS Further, I never have refused to ac­ All other contributions are tax­ rat her incomplete. knowledge mail from the Media Board deductable. William Michelson of Directors. I was not in office long Coralville, Iowa The Student Press Law Center enough to get the mail, much less �e­ also offers for sale the Manual Fora" update. see p. 41. fuse to answer it. Only one Cavalier for Student Expression: The Daily editor-in-chief refused to �c­ First Amendment Rights of the knowledge the mail-that was Mike HIQh School Press $1.00 WE'VE MOVED! ViteI.. for (2-10 $ 75 each. Nelli address and phone: On another point. The Cavalier copies more than 10 copies $ 50 eaCh). The 1033 30th St. NW Daily was founded in 1890, not 1888. Washington, DC 20007 manual is presently being Richard F. Neel, Jr. (202) 965 -40 17 revised and expanded and Will Edilor-in-chief be available as a textbook in 1980. SPLC Report weli'omes leflers According to interview notes from from readers. Lellers should be last February, Neel told SPLC Report: Opinions expressed in signed typed and double-spaced. Be­ "This year the paper has been able /0 editorials and cartoons are not cause of space limitations, those operate at a small profit. However. necessarily those of the Student published are subject to abridge­ we'l/ probably be in the �ed neXI year Press Law Center. ment. because cost increases will be around nine percent... .._ .. .. _-_.­ ... _.. ... _ ...• _._--_.... - -- -'-'-'-- - _. 4 SPLC Report Fall 1979 Robert F. Kennedy Journalism Awards As Robert Kennedy saw and listened 10 Ihe poor. The competllion. which Judges stud nl and so did the Journalists who !raveled Wllh him A roleSSlonal entries separately. Will award pnzes group 01 these Journalists founded the Rob n F In four categories prln!. elevlslOf, radiO. and Kennedy Journalism Awards program to photo Journalism The top prize In the student encourage and recognlz ouistandlng competition III be a three-month Journalism achievement In porLraYlng those aspects 01 internship In Washinglon, DC, and honorable American life that occupied so much of hiS mention and cllatlon Certltlcates Will be awarded alienI Ion Now In ItS eleventh year. 1\ IS Ihe largest o other outstanding ent nes single program 10 honor outstanding reporting on For an entry form and a complete set of rules, problems 01 the disadvantaged contact Robert F Kennedy Journalism Awards 03530 h Street NW Washington, DC 20007 (202) 338-744 . ----- -----_._.. _ ...." ... _----_._. --=-_________-=-:= ---:c... - -........... -........ -..... -.- Fall 1979 SPLC Report 5 � � �.. ���" . " ��# � The Pen Against the Purse by Barton Gellman It is an almost ageless truism: there is ministrators. 5t udenl journalists have leaders in recenl years have become bound to be some tension bet ween had to defend their editorial freedom more and more like their senior coun­ those who exercise political authorilY in the pasl against very predictable terparls. using money as bOlh the car­ adversaries-deans, presidents, and rOl and stick drive newspapers in di­ and those who criticize their perfor­ 10 mance in prin!. When newspapers dis­ boards of truslees. rections they find convenienl. agree too vigorously with public offi­ BUI school administrators are not But college edilors are beginning to cials, t hat tension often blossoms into the only ones nowadays clamping fight back. Most seem no more willing overl hoslility-even all-out war. down on Ihe average campus daily. to accept censorship by st udents than On college campuses, those "public They are increasingly rivaled as censors censorship by administralors. And just officials" have traditionally been ad- by elected officeholders from within as they have repeatedly taken adminis­ Ihe studenl body. (rative disputes to trial over I he pasl decade, they are now slarting fight Armed with expanded campus au­ 10 thorily-often including control of im­ the same legal baltles againsl studenl portant purse slrings-student govern­ governments. ments have acquired both the power and the will to Iheir colleclive foot put down on public controversy.
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