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Newspaper Survival Guide Chapter 13 Legal Issues

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Newspaper Survival Guide Chapter 13 Legal Issues • : -SOp7.707 H: : 9p2.O5 66.7% • t..: ~CHAPIER13I UGAL 0lSSUES] n Tennessee, stacks of a state university student newspaper were stolen the day the paper printed a story about a star basketball player's arrest for drug possession. In ICalifornia, a photojournalism student was evicted from his dorm and threatened with expulsion after photographing a group of students burglarizing a car. In New ork, a community college student governing board locked the newspaper staffers out of their office for a week during a funding dispute. On paper, student journalists have virtually the same legal rights and responsibilities professional journalists. But in reality, they face a host of added challenges. Some administrators try to exercise prior restraint against student newspapers to keep controversial material from appearing. Official sources sometimes try to bar student ·oumalists' access to public meetings and public records. Even fellow students - student <1overningboards, fraternity members and others - occasionally attempt to squelch :xpression by cutting funding, firing editors and stealing newspapers when they don't · e what's being written. • The best way to prevent or combat these problems is to know your rights - and o know where to tum when these rights have been abridged. In this chapter we'll :xplore some of the major legal issues facing student journalists. tudenl Newspaper Survival Guide, Second Edition. Rachele Kanigel. _ l2 Rachele Kanigel. Published 2012 by Blackwell Publishing Ltd. 167 School officials cannot: CHAPTER CONTENTS 1. Censor or confiscate a publication, withdraw or reduce its funding, withhold student activities fees, prohibit lawful advertising, fire an editor or adviser, "stack" a Censorship at public schools student media board, discipline staff members or take Censorship at private schools any other action that is motivated by an attempt to control, manipulate or punish past or future content .... Censorship prevention 2. Demand the right to review publications before Fighting censorship distribution .... Student government officials are subject to the same Newspaper theft First Amendment restraints as school administrators. TIPS FROM A PRO James M. Wagstaffe For example, they cannot punish a paper's staff or adviser or withdraw a publication's funds for content­ Libel based reasons. However, school officials can: CHECKLIST Newspaper theft Regulate non-content-based aspects of a publication. Red Flags: Reporter beware For example, school officials can review the financial records of student media organizations and prohibit staff Privacy hiring policies when they discriminate on the basis of race. Obscenity In Canada, the Charter of Rights and Freedoms works much CHECKLIST Legal issues like the American First Amendment in protecting the righ of journalists, both professionals and students. Despite Access to information these protections, however, attempts at censorship continue Copyright law in both countries. Q&A Student Press Law Center on copyright and fair use CENSORSHIP AT PRIVATE SCHOOLS Appendix 13.A Staff copyright policy Student journalists at private colleges and universities in th United States do not enjoy the same free speech protectio - as those at public schools. The First Amendment only limi censorship by government officials or others, such as student governing board officials, who act on their behalf. CENSORSHIP AT PUBLIC SCHOOLS However, some private schools voluntarily give stude • journalists rights to free expression through written sch Every year, the Student Press Law Center in Arlington, Va., policies, which may be published in a student handboo • the leading legal resource for student journalists, fields code of conduct or other document. Your newspaper shoul dozens of complaints from students who believe their free­ know if your school has a free expression policy. Cou.m; press rights have been censored. have suggested that schools that adopt such policies Former SPLC Executive Director Mark Goodman says contractually bound to abide by them. censorship can take many forms, including: Some states, most notably California, have statutes tha. protect free expression at private schools. The California la Demanding prior approval of content by an adviser, reads, in part, "It is the intent of the Legislature that a stud publication board, administrator or others shall have the same right to exercise his or her right to fre, speech on campus as he or she enjoys when off campus." Confiscating newspapers For more information about the rights of private sch Restricting distribution of papers journalists, see the Student Press Law Center's Legal Gui for the Private School Press, available at the center's web · Cutting funding on the basis of content listed at the end of this chapter. Disciplining editors or advisers for the content of the paper. CENSORSHIP PREVENTION The First Amendment protects journalists from government censorship and more than 60 state and federal Student journalists can try to prevent censorship by buil court decisions have concluded that freedom of the press relationships with the campus community before probl applies to student publications at public colleges and arise. Effective strategies include: universities. As the SPLC writes in its Legal Brief on Student Press Meeting regularly with top school officials and leaders Freedom at Public Colleges: of student groups 168 CHAPTER 13 LEGAL ISSUES Publishing periodic columns, articles or editor's notes The professional media in both the United States and explaining the editorial decision-making process. Canada can also be important allies in the battle against This step is particularly important with the censorship. Journalists are usually quick to jump on a publication of controversial material. censorship story and the public scrutiny media coverage Hosting a panel discussion, open house or other public can bring may intimidate censors. Professional news event where you can educate the can1pus about press organizations may provide other kinds of assistance, such freedom in general and specifically about your as legal advice and letters of support. editorial policies. Reaching out to student groups that feel least served by NEWSPAPER THEFT the publication and soliciting their concerns, thoughts and story ideas. Maybe some fraternity brothers don't like your coverage of You can often keep censorship at bay just by opening a rowdy party. Or perhaps your college president is communication lines. embarrassed by the racy sex column that came out the day of an open house for prospective students. So they quietly remove stacks of newspaper from around campus, tossing FIGHTING CENSORSHIP them in a trash Dumpster or out-of-the-way recycling bin. Every year thousands of student newspapers disappear If you do encounter any sort of censorship, contact the under suspicious circumstances. But if a paper is free, is Student Press Law Center immediately. The center provides this theft? Campus police departments often don't see it free information, advice and legal assistance to students that way, but the Student Press Law Center says stealing and the educators who work with them. newspapers, even free ones, is a crime (see Figure 13.2). In Canada, the Canadian University Press, a cooperative "Just because a newspaper doesn't have a sales price of more than 60 student publications, offers legal advice and doesn't mean it doesn't have value," says Goodman, who istance to member newspapers; about three-quarters left the SPLC to become the Knight Chair of Scholastic of the student newspapers in the country belong to the Journalism at Kent State University. "That value can be cooperative. "In terms of censorship, student papers here measured in different ways - in the cost of printing, in have a lot of the same problems as those in the States " the advertising revenue the copies of the publication - ys Sean Patrick Sullivan, a former CUP president an'd represent." ormer editor of The Brunswickan at the University of New In several states, including Florida, Kentucky and Texas, Brunswick. individuals have been successfully prosecuted for stealing If a Canadian University Press member paper reports a "free" student newspapers. In 2005, Binghamton University nsorship problem, CUP officials typically make phone adopted a policy banning newspaper theft after two student al.ls or write letters in support, Sullivan says. "A lot of times publications were reported stolen. those situations, lobbying works. If it doesn't, we get a Stealing newspapers can be seen as an act of censorship. er involved." By taking newspapers out of circulation, thieves are TIPS FROM A PRO James M. Wagstaffe ames M. Wagstaffe, a San Francisco attorney who 8 Obtain public record or documentary support. Jspecializes in media law, offers this simple advice for 9 Make sure your headlines and teasers are factually ournalists who want to avoid legal trouble: accurate. 1 Be a skeptic. 10 Treat demands for correction seriously. 2 Get it right. JAMES M. WAGSTAFFEis partner and co-founder 3 Get permission. of Kerr & Wagstaffe, LLP,a San Francisco law firm • Write sensitive subiects sensitively. that specializes in First Amendment and media law. S Do not promise confidentiality lightly. He successfully defended The New Yorkermagazine Watch for an unexpected plaintiff. (If you write a story in the libel trial Masson v. New Yorker. He teaches about a teen drug addict, for example, you may constitutional law and civil procedure at Hastings inadvertently defame the teen's parent.)
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