INSIDE: ‘Bong Hits’ the Supreme Court: student expression case goes before justices, Page 8 Student Press Law Center EPORT R Spring 2007 VOL. XXVIII, NO. 2 Legislation on the move States enter race to pass anti-censorship laws Page 26 ALSO INSIDE: University of texas media board votes to shuck prior review requirement, page AND: Presidential searches: Colleges claim closed searches bring better candidates, Page 20 Student Press Law Center EPORT INSIDE SPRING 2007 VOL. XXVIII, NO. 2 NEWSPAPER THEFT R Newspaper thefts level out. ......................................... PUBLICATIONS FELLOW: Scott Sternberg ................................................. REPORTERS: Erica Hudock, Brian Hudson, Jared Taylor Newspaper theft in brief CONTRIBUTORS: Adam Goldstein, Jay Hathaway COVER ART: Jack Dickason HIGH SCHOOL CENSORSHIP SENIOR CONTRIBUTING ARTIST: Melissa Malisia (rmali@ frontiernet.net) Adviser fi ghts for her job.. ............................................ CONTRIBUTING ARTISTS: Hope Donovan (jetcake@gmail. Sex articles bring prior review.. .................................. com), Bob Gandy ([email protected]), Danny “Om” Jean Jacques (www.myspace.com/nftp), Eric Gapstur (eric.gapstur@ ‘Bong Hits’ the Supreme Court.. ............................... gmail.com), Brian Hudson ([email protected]). What could it mean?.. ............................................ High school censorship and Internet in brief .......... 1 Th e Student Press Law Center Report (ISSN 0160-3825), published three times each year by the Student Press Law Center, LIBEL & PRIVACY summarizes current cases and controversies involving the rights of the student press. Th e SPLC Report is researched, written and Abusing FERPA .......................................................... 1 produced by journalism interns and SPLC staff . Taking on criminal libel ........................................... 1 Th e Student Press Law Center Report, Vol. XXVIII, No. 2, Spring 2007, is published by the Student Press Law Center Inc., 1101 Wilson Boulevard, Suite 1100, Arlington, VA 22209-2275, ACCESS (703) 807-1904. Copyright © 2007 Student Press Law Center. All rights reserved. Yearly subscriptions to the SPLC Report are Colleges close presidential searches .................... 20 $15. Contributions are tax-deductible. A membership form ap- Access in brief ................................................................ 2 pears on page 47. Using open records ......................................... 2 CAMPUS CRIME U. of Tampa gets lesson in Clery Act ...................2 EXECUTIVE DIRECTOR: Mark Goodman DEVELOPMENT DIRECTOR: Abbie Gibbs LEGAL ANALYSIS LEGAL CONSULTANT: Mike Hiestand ATTORNEY ADVOCATE: Adam Goldstein Open season: OUTREACH COORDINATOR: Sam Wilder Investigating athletic programs .............................. 2 CORPORATE BOARD OF DIRECTORS LEGISLATION Javier J. Aldape � Hoy, Chicago, Ill. COVER STORY: Legislation on the move ........0 A.J. Bauer � University of Texas at Austin, Austin, Texas Jerry Ceppos � Knight Ridder (retired), San Jose, Calif. Illinois takes on Hosty ..................................... 1 Shawn Chen � National Journal’s Technology Daily, Washington, D.C. Bills target ‘cyber bullies’ ...................................... Virginia Edwards � Education Week, Bethesda, Md. Th e debate over academic freedom ....................... Angela Filo � Eastside College Prepatory School, East Palo Alto, Calif. Robert Garcia � ABC News Radio, Washington, D.C. Richard Goehler, Esq. � Frost Brown Todd LLC, Cincinnati, Ohio Mark Goodman, Esq. � Student Press Law Center, Arlington, Va. COLLEGE CENSORSHIP Kathleen Kirby, Esq. � Wiley Rein & Fielding LLP, Washington, D.C. Tonda Rush, Esq. � American PressWorks Inc., Arlington, Va. U. of Texas-Austin fi nally free ............................... 0 Rosalind Stark � Radio and Television News Directors Foundation (retired), College censorship in brief .......................................... 1 Washington, D.C. Prior review tussle at Grambling ........................... Mark Stodder � Dolan Media, Minneapolis, Minn. Mark Witherspoon � Iowa State University, Ames, Iowa Organizations for purposes of identifi cation only A MESSAGE FROM THE SPLC SPLC announces new student program, online Podcasts Your Voice, Your Freedom will give you a chance to tell your school Press Law Center! Help us make the Your and community about the work you do in Voice, Your Freedom a huge success in 2007. Support the Student Press Law Center serving your school through journalism and This is your chance to show that the by participating in a new program to defend that student free press and expression rights First Amendment belongs to you too. Vis- student voices! are important to you. it www.splc.org and learn more today! Protecting the free press rights of stu- The SPLC will provide all the tools you dent journalists is the number one priority need on our Web site at http://www.splc. Podcasts available now! of the SPLC, and now, for the first time, the org/yvyf/ to make this activity easy. You SPLC is launching a program to give high- will find posters, press releases and flyers to Plug in your digital music player and school and college students across the coun- help promote your event. Or, you can use download our new Podcast, available try a chance to work directly with us in the your Web know-how and, with a few clicks, monthly from the team at the Student Press effort to protect these rights. sign up on our site to host a virtual event. Law Center! Your Voice, Your Freedom is a chance to You can compete with classes and schools Thanks to a generous grant from the put your creative skills to work rallying sup- around the country to show your dedication Newspaper Association of America Founda- tion, the SPLC has made the leap into Pod- port in your community for a free student to the First Amendment. Top participants casting, which will allow students, faculty press. We are asking you to give people an will be recognized nationally on our Web and advocates to get their student press law opportunity to show their support for stu- site and in the SPLC Report. dent voices by making a contribution to news on the go. Your Voice, Your Freedom program will The Podcasts will be published every support our cause. All you have to do is put begin in the fall 2007, so stay tuned for month from September to May and will together a fund-raiser for your class, school additional information. In the meantime, provide legal insight into censorship issues, or community. visit our Web site www.splc.org for more in- legislative progress and court cases that af- Raising funds to support student press formation and to sign up to host a bake sale, fect the student press. freedom allows the SPLC to provide free car wash, penny war, or any other creative Podcasts are available now on our Web support to young journalists in their efforts event you can think of. site at www.splc.org/podcasts/ and on to report the news free from censorship. It’s a simple way to support your a free iTunes, just search for the Student Press Law But beyond that, these fundraising events student press and the work of the Student Center! n REPORT STAFF Brian Hudson, spring 2007 Scripps How- ard Foundation Journalism Intern, graduated from the University of North Carolina at Cha- Scott Sternberg, Publications Fellow, pel Hill, where he majored in media production graduated from Louisiana State University’s and studies. While in college Brian worked in Manship School of Mass Communication in various capacities at The Daily Tar Heel, includ- May 2006 with a degree in print journalism. ing a stint as news editor. Brian covered college While at LSU, he was the editor in chief of the censorship, newspaper theft, college advisers, student newspaper, The Daily Reveille, where anti-censorship legislation and college adver- he led coverage in the aftermath of Hurricane tising for the Report. Katrina. Sternberg interned and freelanced for The Times-Picayune in New Orleans, La., and several other publications in Louisiana. Jared Taylor, spring 2007 Louis Ingelhart Journalism Intern, is a December 2006 gradu- Erica Hudock, spring 2007 Scripps How- ate of Iowa State University’s Greenlee School ard Foundation Journalism Intern, is a senior of Journalism and Mass Communication with at Mansfield University of Pennsylvania who a degree in print journalism. While at Iowa plans to graduate in May with a degree in Mass State, he held several reporting and editing po- Communication with a dual emphasis in jour- sitions at the student newspaper, The Iowa State nalism and public relations. At Mansfield, she Daily. Taylor has interned for the Scripps How- served as a reporter, copy editor, news co-edi- ard Foundation Wire in Washington, D.C., tor and editor in chief of the school’s student where he primarily covered the U.S. Congress. newspaper, The Flashlight. Erica covered high He also spent a semester studying at Universi- school censorship, anti-censorship legislation, dad Internacional in Cuernavaca, Mexico, where he studied Spanish. high school advisers and high school advertis- Taylor covered Internet issues, access, campus crime, libel, privacy ing for the Report. and confidentiality for theReport . SPRING 2007 WWW.Splc.org • SPLC REPORT NEWSPAPER THEFT Newspaper thefts level off Numbers show 2006-2007 to be an ‘average’ year mester shows how unpredictable newspaper y rian udson B B H Newspaper thefts reported to the SPLC thefts can be – and why it can be so difficult Liz Zelinksi