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Who's in Charge Here? studentpress law center Who's in charge here? �: . L.j , Vol. 5 No. II Spring �SB4 EDITOR Jennifer A. Fine Un r lty of I( nsa WRITERS Contents Alan Weintraub J. Marc Abrams Amont; n Un,veJ 'tv l!w.· S :::hOOl Slud nI Pre".• Matthew Bolster LAW Cenl Courts....... ...... ............ .............. ....... 3 Yorklown HI h SChoQI • Minnesota Daily. Regents reach seltlement ................ 3 Mlnglon. Ve ART • Iowa St. Daily appeals decision . ..................... ....... .... 3 Aaron B. Cole • State Coun rulescolleges not liable .... ..... .......... .. ..... 4 COVER Bob Staake • Editor, school officials settle out-of-court . ....... ........ 4 Bob Staake Bruce Young director Censorsh ip .......................................... .J Marc Abrams 5 • Judge rules yearbook 'public fo rum'. ....... .. ................. S Corpora te Board of Dire ctors • Censored edilorial printed after dispute ...................... S .J.Marc Abrams • Hazelwood case goes to court.. ... ... SPLC censorship . .. 6 Or. Dorothy 8Qwles • Survey reveals censorship .. ...... ....... .... ...... ........ ... .... 6 Wdiam Allen 1I1Ihi.., Sc , • Board decision stops lawsuit ..... .. ... ... ...... ... 7 � School .. r �arrv Q' f(. • Student awaits Board decision on guidelines . ... ....... 8 Or Regis L Boyle • Censored cartoon spurs guideline proposal s.. ... ........... 9 C� o;� �v f Maf\.�*'CI • Staff awaits AG opin ions .............................................. ) 0 Ron Clemmons T","*, -=School ,. �""O II F;HdDmQ" ,,,, Student paper VS. Student government Dr. Dorothy J. Cline o.pr M �1IItd M/JU Lou se On Commt� WQm«II(I Cotnm.n r In - Or is a happy combination possible?... ............ .. ...... 10 SourII 0aIccmI 5, U_ II' Tom Rolnick! Steve Oomf Id SoI1I"I�A$lIIDCIol_ � . �-R� """"""'" Albert Scroggins FOI: Fighting fo r your right to know ..... ........ .... ......... .... 14 Christopher Fager. E Q. �ol� F� " S.O(Jt!I c..w.- Il" ofScovllt CIIroi< �oc Mich801 D. Simpson, ESQ. Nancv Green E� Aa�rIon Administration . .... ..... ..... ....... .. 18 T_ Studenl �r_ Edmund .,J. Sullivan �qfT. aI A.. 'In • . .. CobnbI&� Paper turns budget over to University ... .. ... ........ 18 ,., David Hec\(en • Paper survi ves budget CUI5.. .......... .............................. J 8 Vouth fIbIIcy In ",.,,. Raben Tra ger. ESQ. • A rticles cause new regs fo r rushing ............. ............ 19 Carol Ann Hall P.«tIOtI ..86 Oowd . Joutflllhsm • . .... SI:ttn(>I of Craig Trygstad Students challenge guidelines .. ...... ..... ........ ........... 19 Clhoo 5utf U_81ft' Youth CommunQI Dr. Louts E. In lehan Ben Van Zanle DerJr oJ .JourrI<tI< rt Wftl H s.II S,_u IV Legal Analysls . ...... .... ...... ... ... ... 20 /oW8C . 10 Shield laws: Student's rights The SPL C Repon SPLC R�port. pubJished thrft llmes each year by the St udenl Libel ... ... ..... ....... .... ..... ...... ... ... ... 21 PIns Law Cenler, ummame!l current onlro erst invo)\,ing • Prof. files $9 million lawsuit ........................................ 21 IlUCIeol pres� ri&hts. The • PtC R 'POT' is researched. \Hillen ud produced mlilT\)' by Joum ali!>m and law Iud nt inl m.s. • Michigan firmsues paper. .................................. ......... 21 The PLC seek S(udent-prochll-N draWlnp nr ph(u ph" • School Board member sues editor . ............................. 22 to iDustrale the SPIJ Rt'POTT Pkase send copi 0 ur • 'Dog of a suit' continu� .... ......... .......... .... .............. 22 malerial 10 the SPlC office. • Dartmo u th editors await decision ............................... 22 SludclJl Press law Ce nleT R port. Vol. V. No. 2. Spring 1984. is publi hed bV Ihe . tud nl Pre La,,' CentcT. Suite . • New ad policy results from libel. suit ........ ............. ... .. 23 8(lO 181h In:el, N\\'. Washington. DC 20006 (202l 466-S.N:!. Copyri&ln C 11)84, Stud nl � law ('.:-n l r. II righl!> re;served. Yearl) � Sub5cnplion 10 Ihe SPLC' Rrpart I 00. Report Card .. ... .... ..... ..... ... .... 24 AD other conlrjbulion� art "'� d duclibJc. wbscnpllon order ro rm appears on page I. SlucicDI Press Law(cnt r \Ii J me �ubmi iOM of 1m I . Ethics drawinp. cartoons II Delli . tiJX PI help !be PL inform the �hota\lJ J umali-m community by (Q nlObull When to print. When n01 10 . .......... ...... .. .... ..... 26 )"Our skills 10 lit PlC Report. The Siud nI Pm w ( enler 1'>0 om CI r e the Ma nual Srudelll E. pro lUll. 111 f IN ,.1m ndfllc'nI fo r . RIght Copyright Law ofIIr lI"h hool Pro fo r SlOO (2-10 (; PI $2.00 c ch. more than 10 COPICS $1 each . The m nual pr nil) SPLC Copyright Pri mer .......... ... .. .... ........... ............... 28 beiDi m' l!CdBnd Ih new dillon buuJ be a".IIabl In 19 . 2 SPLC Report Spring 198. COURTS Four-year case ends Minnesota Daily, Regents, reach settlement h v�t� �;n���:�:irn�ft1 : nesota Board of Regents ��:have �II I ) reached an out-of-court settlement nnecot a d al-I Y to a lawsuit filed four years ago. Although an apology about the bumor issue was The Board decided in February not to appeal the published, Minnesota residents, legislators and church Eight Circuit Court of Appeals' decision that said the groups we re offended, and in 1980, the Regents said Board acted unconstitutionally when it made the Dai­ that the $2.73 for each enrolled student from the ly's student fee funds refundable instead of mandatory. student activity fee that supplied 15 percent of the The court also denied a' request to review the decision. Daily's budget would be refunded if a student requested The financing change was made after a April 1979 the money. humor issue was published that included an " exclusive The Daily filed a lawsuit against the Board and the interview with Jesus Christ." University'S President, C. Peter Magrat� alleging that The University agreed not to appeal the decision of the University violated their freedom of the pre1iS right, the Eighth Circuit Court to reinstate the mandatory fee and that the financing change was made to punisb the system and to pay $182,094 to the Daily for litigation paper for the humor issue, costs, In December 1982 the U.S. District Court ruled in Another term of the settlement was the establishment favor of the Regents, saying that the Regent's action did of a $20,000 fund to sponsor conferences, workshops not infringe upon the paper's rights. and programs about First Amendment issues and press The Court of Appeals overturned the decision in responsibility. Ten thousand dollars of that fund will be October 1983, saying that the Regent's action was made provided by the Daily. The Daily's lawyer's firm, because of the controversial humor issue. Tanick and Heins and the University will each provide Magrath issl!ed a statem ent after the settlement that $5,000 said that the Regents and he did not think that a wrong "As someone once said, it's nice to live in a country had been committed by the optional fee system , but where sometimes the laws are upheld," Daily editor that "there comes a time when such matters should be Victoria Sloan said. put to rest" child or mentally handicapped. The law does not have Iowa State Daily the word rape in it, but the word rape appears in parentheses under the sexual abuse chapter heading in appeals libel decision the state code. However, because rape was legally defined as forci­ ble, nonconsensual sexual intercourse, it was ruled that is appealing a $9,000 award The Iowa State Daily the word could not be used to describe sexual abuse. against the paper by an Iowa District Court that said an Daily editor Lisa Fung said that although the staff article in the paper was libelous because of an incorrect was upset about the decision, they were happy that use of "rape." the word there would be an appeal. In February, 1982, an article in the paper reported "Obviously there is a question of the newspaper's that a female bartender at the local American Legion credibility whenever a libel suit is brought up, and I Hall had been raped. don't think this is an exception," she said. In the lawsuit, Laurie Hovey. a bartender at the Hall Brooks said that the Daily had a tremendous miscon­ said that because she was the only female banender ception as to what rape meant. He said that Iowa who worked when the attack was reported to have statutes clearly defined rape and sexual abuse, and that occurred, people could identify her as tbe victim. when a Daily reporter called the clerk of court to obtain However, she said that because there was no sexual information for the article, the reporter was told several penetration, she was sexually assaulted, and not raped, times that a rape had not occurred. He said because of Her Jawyer, Patrick Brooks, argued that rape had a this, he thOUght that the jury would also award punitive negative connotation, and that Hovey suffered every­ damages in the appealed case. time she had to relive the incident by explaining to "If I were representing the Daily, I would be glad I people that she was not raped. got offwith $9,000, he said. "It's as clear as a dandelion According to Iowa state statute, sexual abuse is any in the spring." sex act between persons that is against the will of one of He said that rape was often sexual abuse, but sexual the persons, or any sex act where one of the persons is a abuse was not always rape. Spring 1984 Sf'LC Report 3 COURTS Louisiana Court rules colleges not liable in suits against student papers The Louisiana Court of Appeals has ruled that ex.empt fr om lawsuits unless permission is given by the colleges and universities can not be held liable in state. lawsuits against student newspapers if the school ad­ The University was not liable in a lawsuit alleging ministrations did not control the paper. libel in a book published by Memphis State University In Milliner v. Turner, faculty members of the South­ Press, Inc .
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