Loss of funding presents college and high school the changingmedia withface challenges of college— andradio plenty of questions INSIDE: Behind the headlines, new concerns about cyberbullying laws REPORT RT @SPLC.org Winter 2010-11 VOL. XXXII, NO. 1 STAFF Read the latest News Flashes The Student Press Law Center Report (ISSN Brian Schraum, McCormick 0160-3825), published three times each year Foundation Publications Fellow, online at www.splc.org by the Student Press Law Center, summarizes received his master’s degree in current cases and controversies involving the journalism from the University of A student reporter at Purdue University rights of the student press. The SPLC Report is Missouri, where he studied media researched, written and produced by journalism was told by police not to take video of para- law and policy. He graduated from interns and SPLC staff. Washington State University in 2007. Schraum medics in a public building. An officer can The Student Press Law Center Report, Vol. be heard on the Exponent reporter’s video previously interned for the First Amendment XXXII, No. 1, Winter 2010-11, is published by the Center in Nashville and for newspapers in threatening to detain the student for dis- Student Press Law Center Inc., 1101 Wilson Bou- Washington and Missouri. He also initiated ef- obeying a police order. levard, Suite 1100, Arlington, VA 22209-2275, forts to enact student press rights legislation in (703) 807-1904. Copyright © 2010 Student Press Washington and was a high school, community Law Center. All rights reserved. Yearly subscrip- Administrators at a private Catholic high college and university student journalist. school in Minnesota removed a column tions to the SPLC Report are $15. Contributions are tax-deductible. from the student newspaper’s website in Caitlin Byrnes, fall 2010 journal- which a staff member describes his struggles ism intern, earned bachelor’s as an openly gay teen. Officials also pulled degrees in journalism and interna- an editorial criticizing a church-produced tional affairs from the University DVD on gay marriage. of Georgia in December 2009. During her studies, Caitlin worked The student newspaper at Milwaukee Area for UGA’s student daily, The Red & Black, and EXECUTIVE DIRECTOR: Frank LoMonte Technical College was pulled from the CONSULTING ATTORNEY: Mike Hiestand interned at both a weekly newspaper and a na- presses so that it could be proofread by the ATTORNEY ADVOCATE: Adam Goldstein tional non-profit. Prior to her time at the SPLC, college’s public relations staff. Administra- DEVELOPMENT DIRECTOR: Beverly Keneagy Caitlin wrote for a travel blog. tors said they had no bad intentions and only wanted to improve grammar in the CORPORATE BOARD OF DIRECTORS James Heggen, fall 2010 journal- ism intern, graduated from Iowa newspaper. Javier J. Aldape l E.W. Scripps Company, Chicago, Ill. State University in May 2010 with a degree in journalism and minors Eight news organizations sued the Uni- Caesar Andrews l University of Nevada at Reno in political science and Spanish. versity of North Carolina at Chapel Hill A.J. Bauer l Freelance Journalist, New York, NY He worked at the student news- for access to records related to the school’s paper, The Iowa State Daily, for three years, football program. The program is under Patrick Carome l WilmerHale, Washington, D.C. serving one year as a reporter and two as news investigation for possible improper benefits editor. He interned at Inside Higher Ed in the Jerry Ceppos l University of Nevada at Reno and academic dishonesty. The university summer of 2008. denied the media’s public records requests, Virginia Edwards l Education Week, citing federal student privacy law. Bethesda, Md. Chelsea Keenan, fall 2010 Angela Filo l Yellow Chair Foundation, journalism intern, received her California Gov. Arnold Schwarzenegger East Palo Alto, Calif. bachelor’s degree in journalism from the University of Florida vetoed legislation that would have made Maureen Freeman l Newseum, university foundations subject to the state’s Washington, D.C. in April 2010. She previously open records law. Schwarzenegger said interned at the Gainesville Sun Robert Garcia l National Public Radio, in Gainesville, Fla. She also worked for two the bill did not provide enough protec- Washington, D.C. tion for the privacy of donors. Sen. Leland years at the Independent Florida Alligator, the Michael Godwin l WikiMedia Foundation, Yee reintroduced the bill in December; student-run newspaper at UF, serving as staff San Francisco, Calif. writer, section editor and editor in chief. Schwarzenegger leaves office Jan. 3. Richard Goehler, Esq. l Frost Brown Todd LLC, Cincinnati, Ohio Western Carolina University shut down its student newspaper for five days after a pla- Andrew Lih I University of Southern California Contributors: Marisa Akers, Karen Elshout (Mo. Los Angeles, Calif. Lawyers Media), Ben Miller (Education Sector), giarism accusation from a local newspaper. Publication of a print issue was delayed and Frank LoMonte, Esq. l Student Press Law Center, Laura Napoli, Adam Schulman, Bradley Wilson, VectorStock. Cover photo by Marisa Akers. online publishing was also interrupted. Arlington, Va. (ex officio) Mark Stodder l Dolan Media, Minneapolis, Minn. Get updates from the SPLC via Reginald Stuart l The McClatchy Company, Become a member & E-mail: www.splc.org/joinemail Silver Spring, Md. Donate online Twitter: Follow us @SPLC_org Mark Witherspoon l Iowa State University, Ames, Iowa Facebook.com/StudentPress Organizations for identification purposes only www.splc.org@ 22 SPLCSPLC Report Report l l WinterWinter 2010-11 2010-11 INSIDE College “Employee” status may pose risks 4 to student editorial autonomy. Becoming an ‘independent’ 8 publication has its downsides. Cover Story With scarce bandwidth and available frequencies, college broadcasters are turning to HD Frank LoMonte with CapComm students Noelle Motley, Jummy Obayanju and Alisha Stewart. radio and Internet streaming. 12 High School Howard Univ. helps SPLC tap volunteer power Professional media outlets and Over the past semester, the Student Press Law Center has benefited from the 16 private projects give students a public-relations advice of a remarkably savvy team of Howard University students. As voice outside of school. a “client” of the Howard CapComm laboratory program, the SPLC went through a Following several high-profile thorough re-examination of how we communicate our message to our core audience 20 student deaths, states consider and to the larger world. additional legislation to combat You’ll be seeing a number of the Howard students’ suggestions becoming reality ‘cyberbullying.’ in the months to come at www.splc.org, including “testimonial” stories from those who’ve taken advantage of the SPLC’s free services, and public-service announce- Internet ments for use by college radio stations. Online comments generate a One of the CapComm team’s wisest ideas was to make better use of the enthusi- 24 range of legal questions, including astic volunteer talent pool of students and educators who already support our work. how journalists should handle We’re tapping into that pool in two ways, starting immediately. possible defamation. First, we’re launching the Legislative Correspondents Network, a way to better serve our constituents by helping keep track of action at the statehouse level that Copyright impacts on the rights of student journalists and their advisers. The Network grows out of our experience that bad legislation – closing off access Misconceptions persist about who to meetings and records, restricting students’ ability to use technology, expanding 26 can use student photojournalists’ administrators’ disciplinary authority in dangerously open-ended ways – often sneaks work and when. into law because legislators are oblivious to the impact of their decisions on journal- ists. We hope to change that, by helping publicize significant legislative proposals Access – favorable and unfavorable – while there is still time for the concerns of scholastic Students face threats, charges journalism advocates to be heard. 28 for photographing police and The Network will draw on volunteers from Humboldt State University, the Uni- emergency workers in public. versity of Tampa, Simpson College and several other partner schools around the Gaining access to records from country. We hope to expand upon this “pilot” class in 2012 and beyond toward a goal 32 student government can be a legal of 50-state coverage. and practical challenge. This is one opportunity for those who support the SPLC’s priorities – an uncen- sored student media with easy access to essential documents and meetings – to get engaged in our work. Another, growing directly out of the advice of Howard’s Cap- DEPARTMENTS Comm team, is a more formalized SPLC Speaker’s Bureau of surrogates to augment the outreach work of our legal staff. SPLC TipSheet We know that attaining a free student press starts with helping people outside of How to use student loan data to our immediate circle understand that an independent student voice is valuable, and 31 fuel important stories. that resources exist to help gain independence. Your help as an SPLC surrogate can exponentially multiply the reach of that message. On the Docket For those interested in helping spread the word about the services offered by the SCOTUS declines alcohol ads SPLC, and about the priorities that the SPLC exists to address, we’ve created a “talk- 34 case; Medill memos released. ing points” packet available at www.splc.org/pdf/talking_points.pdf. And if you’d like to become involved in the SPLC’s work in any capacity, please contact us. Legal Analysis What the law suggests about – Frank D. LoMonte 36 ‘employing’ student journalists. Executive Director SPLC Report l Winter 2010-11 3 COLLEGE 1/15/2010 e Accounting and Budget Offic 8QLYHUVLW\RI%XQNHU+LOO $FDGHPLF%OYG6XLWH Editor-in-Chief ON THEIR 531.00 ty-one and NO/100 EE/HRLY PAYROLL Five hundred thir EMPLOY Everyone likes getting paid.