INSIDE: Censoring MySpeech: Is the First Amendment lost in the MySpace debate? Page 22 Student Press Law Center EPORT R fall 2006 VOL. XXVII, NO. 3 Vending control Company’s restrictive policy templates concern student press advocates Page 11 ALSO INSIDE: Student journalists debate whether to ask for designated public forum status, Page 34 AND: Are lessons lost when schools prohibit students from publishing last names on Web sites? Page 19 Student Press Law Center EPORT INSIDE R Fall 2006 VOL. XXVII, NO. 3 FEATURES PUBLICATIONS FELLOW: Evan Mayor Editorials under attack As diverse as the topics REPORTERS: A.J. Bauer, Suzanne Bell, Whitney McFerron on which high school journalists choose to opine are the methods CONTRIBUTORS: Adam Goldstein, Laura Merritt used to censor them.. ...................................................................4 COVER ART: Jack Dickason SENIOR CONTRIBUTING ARTIST: Melissa Malisia (rmali@ Dying legislation Despite widespread failure of frontiernet.net) student free-expression bills, advocates in two states are CONTRIBUTING ARTISTS: Hope Donovan (jetcake@gmail. optimistic for the future. .............................................................8 com), Bob Gandy ([email protected]), Talia Greenberg ([email protected]), Danny “Om” Jean Jacques (nor- Vending control Company’s restrictive policy [email protected]), Whitney McFerron (wlm734@ templates concern student press advocates. .............................11 truman.edu) Dropping names Are journalistic lessons lost when The Student Press Law Center Report (ISSN 0160-3825), schools prohibit students from publishing last names on published three times each year by the Student Press Law Center, newspaper Web sites?. ............................................................. 19 summarizes current cases and controversies involving the rights of the student press. The SPLC Report is researched, written and Censoring MySpeech Is the First Amendment produced by journalism interns and SPLC staff. lost in the MySpace debate?. ................................................... 22 The Student Press Law Center Report, Vol. XXVII, No. 3, Fall 2006, is published by the Student Press Law Center Inc., Ousted adviser Despite national support, student 1101 Wilson Boulevard, Suite 1100, Arlington, VA 22209-2275, protest, adviser out of job. ...................................................... 25 (703) 807-1904. Copyright © 2006 Student Press Law Center. All rights reserved. Yearly subscriptions to the SPLC Report are Greater access New law in Georgia opens records $15. Contributions are tax-deductible. A membership form ap- at private colleges; Massachusetts legislation falls short. ........ 27 pears on page 47. California dreaming Legislature, professional organizations taking proactive approach to protecting student journalist rights. ......................................................... 32 Ask & receive? Student journalists debate whether EXECUTIVE DIRECTOR: Mark Goodman to ask for designated public forum status. .............................. 34 DEVELOPMENT DIRECTOR: Abbie Gibbs LEGAL CONSULTANT: Mike Hiestand Archiving the past One man helps preserve NEW MEDIA LEGAL FELLOW: Adam Goldstein student press history. .............................................................. 36 OUTREACH COORDINATOR: Mike Pittman Sex mags Editors report differences in funding and university affiliation, but no censorship. ......................... 38 CORPORATE BOARD OF DIRECTORS Dr. David L. Adams l Indiana University, Bloomington, Ind. Informed choices A look at teacher evaluations Angela Buenning l Eastside College Prepatory School, East Palo Alto, Calif. and open records laws. ........................................................... 43 Jerry Ceppos l Knight Ridder (retired), San Jose, Calif. Shawn Chen l National Journal’s Technology Daily, Washington, D.C. Virginia Edwards l Education Week, Bethesda, Md. Robert Garcia l ABC News Radio, Washington, D.C. BRIEFS Richard Goehler, Esq. l Frost Brown Todd LLC, Cincinnati, Ohio Mark Goodman, Esq. l Student Press Law Center, Arlington, Va. High school censorship .................................................15 Kathleen Kirby l Wiley Rein & Fielding LLP, Washington, D.C. Internet ................................................................................24 Terry Nelson l Muncie Central High School, Muncie, Ind. Advisers ...............................................................................26 Tonda Rush, Esq. l American PressWorks Inc., Arlington, Va. Access ..................................................................................28 Cedric D. Scott, Esq. l Jackson Walker LLP, Houston, Texas Confidentiality ...................................................................30 Rosalind Stark l Radio and Television News Directors Foundation (retired), Libel & privacy ..................................................................30 Washington, D.C. College censorship ..........................................................39 Mark Stodder l Dolan Media, Minneapolis, Minn. Newspaper theft ...............................................................41 Mark Witherspoon l Iowa State University, Ames, Iowa Organizations for purposes of identification only A MESSAGE FROM THE SPLC Help the SPLC defend student journalists for many years to come As managing editor of the Arrow stu- Visit www.tomor- dent newspaper at Utica High School in rowsvoices.com for Michigan, Katy Dean was determined TOMORROW’S details on how you to report on the potential harmful ef- can give. fects of diesel fumes from idling school This summer, buses, despite school officials’ attempts former SPLC intern to suppress her story. VOICES Abbie Gibbs rejoined With the help of the Student Press A CAMPAIGN FOR THE FUTURE OF PRESS FREEDOM the SPLC as Devel- Law Center, Dean contested her school’s opment Director. censorship. In November 2004, a fed- For more informa- eral judge ruled that school officials vio- tion to the SPLC’s Tomorrow’s Voices tion on the campaign lated Dean’s First Amendment rights by endowment campaign, you help en- please contact Abbie at development@splc. not allowing her to publish her story. sure that the voices of young journalists org. Abbie is communications/journalism As the stories in this issue of the Re- like Katy Dean will be heard long into graduate of Oklahoma State University port illustrate, Katy Dean is not alone. the future, not silenced. For every $2 where she was an award-winning report- Countless other student journalists who contributed, the John S. and James L. er for the student newspaper, The Daily are able and interested in uncovering Knight foundation will match with $1. O’Collegian. the truth are fighting for the freedom to do so. Since 1974, the Student Press Law CORRECTIONS Center has been the only national or- ganization exclusively devoted to pro- — The Winter 2005-06 Report theft policy before the Spring 2005 theft. viding free legal advice to student jour- incorrectly stated that a new policy at — Executive Director of the Journalism nalists and advisers and serving as an the State University of New York at Education Association Linda Puntney’s advocate for their free press and freedom Binghamton making it an offense to steal name was misspelled in the Spring 2006 of information rights. Please help the newspapers was inspired by a Spring Report. SPLC defend young journalists for years 2005 theft of the student newspaper. to come. When you make a contribu- Student editors had been working on the The SPLC regrets the errors. REPORT STAFF Suzanne Bell, summer 2006 Scripps How- ard Foundation Journalism Intern, is a senior at Illinois State University in Normal. She is pur- Evan Mayor, Publications Fellow, gradu- suing a double major in journalism and political ated from Vanderbilt University in May 2005 science. Bell recently finished a year-long term with degrees in communications and political serving as editor in chief of The Daily Vidette, science. While at Vanderbilt, he was the editor the student newspaper at Illinois State. She also in chief of the student newspaper, The Vander- served as treasurer for her campus’ Society of bilt Hustler. He freelanced for The Tennessean Professional Journalists chapter. Bell covered in Nashville, Tenn., and interned as a police college censorship, newspaper theft and college reporter there last summer. Mayor edited and adviser cases for the Report. designed the Report. Whitney McFerron, summer 2006 College A.J. Bauer, summer 2006 Scripps Howard Media Advisers Journalism Intern, is a senior Foundation Journalism Intern, is a senior at the at Truman State University in Kirksville, Mo. University of Texas at Austin. He is pursuing a She is pursuing a double major in English and double major in government and history. Before communication/journalism. McFerron served coming to the SPLC, Bauer served as editor in as editor in chief of the Index, Truman State’s chief of The Daily Texan, the student newspa- student newspaper, for the past year. She also per at UT-Austin. He also interned as a general interned as a news reporter for the Southeast reporter at Star Community Newspapers, a Missourian, a regional daily newspaper in Cape community newspaper group serving the north Girardeau, Mo., and the North Stoddard Coun- Texas market. Bauer covered high school cen- tian, in Advance, Mo. McFerron covered access, sorship, anti-Hazelwood, advertising and high confidentiality, campus crime, Internet and libel and privacy cases