Questions about scholastic journalism

1. ISN'T THE SCHOOL THE PUBLISHER OF PUBLICATIONS?

NO.
Principals and school boards are the government upon which the student press has the right and duty to report. To put them in the role of publisher is to do the same as giving Gov. Celeste or any elected official unfettered power to delete whatever he/she didn't want written.

In "the real world" the publisher is not likely to be the source/center of news, as are principals.
Once the school establishes the publications as forums--and the educational nature of discussion of ideas makes them ideal forums--then the government cannot interfere with the content coming from that forum unless it falls into unprotected speech and then only after publication.

2. AREN'T YOU CALLING FOR UNLIMITED FREEDOM?
No.
When you read our proposed legislation, we are calling for freedom of expression so long as the students do not become involved with four areas of unprotected speech.

The four areas are libel, obscenity, material disruption of the school process and unwarranted invasion of privacy, as detailed in our proposed legislation.

We intend to stress the systematic teaching of journalism law, and encourage systems to hire qualified and trained journalism teachers.

We believe students can and should be able to deal with any topic, but have to be limited by the areas of unprotected speech.

3. WHY SHOULD STUDENTS HAVE FREEDOM OF EXPRESSION?
Because we cannot preach one thing and practice another.

Students immediately see through the charade of teaching the Constitution in government class and then not being able to practice it in journalism.

Time magazine said two years ago, in talking about the growth of democracy in the United States, that people who would censor are really saying they mistrust the intelligence of the people who would make decisions.
In dealing with a free press and the inherent decision-making that goes with it, students learn to apply all the skills taught in their academic classrooms. They use analytical and interpretive skills every day in deciding assignments, angles to stories and, initially, what is news and how this topic affects the reader.

One of the most important skills is that of critical thinking. Making decisions of content and planning involves continuous development of critical thinking skills. Censorship prevents this development.

A censor is after cloning and "thought control." A democracy can be messy. As educators we must encourage the development of critical thinking skills, which sometimes involve what some people consider "messy" learning--and teaching--situations.

As Nat Hentoff has said, if students don't get to practice what the Constitution guarantees, then they will not believe it is real now or when they encounter it in later life.

If we don't help them defend the Constitutional guarantees, then we are not completing our obligations as teachers in a democracy.

Under the leadership of a trained and caring teacher, students are expanding skills and talents in a variety of ways--creatively as well as analytically. Students learn human relations skills in having to defend their positions and in seeking the opinions of others. Learning then becomes a process of application, a process that brings lasting results.

4. WON'T A FREE STUDENT PRESS BRING CONFRONTATIONS WITH ADMINISTRATORS?

No.
Evidence exists that in schools with sound and legal guidelines and statements of policy, administrators have fewer confrontations with students and advisers.

It's a matter of trust.

With all concerned sitting down and working out a set of guidelines like those of the Students Press Law Center, problems can be anticipated and limited before they become severe. Policies outline the rights and responsibilities of all concerned. Understanding one another's rights and legal limits seems to reassure each party, encourage self-evaluation and avoid conflict.

Advisers, students and administrators working together in a positive relationship (which does not mean permitting censorship) can prevent problems. Allowing a free press to exist doesn't mean the principal won't know what's going on with free speech situations. Interview situations and open channels of communication will keep a sharp administrator informed and able to anticipate problems.

5. BUT HAZELWOOD SAYS ADMINISTRATORS HAVE TO CENSOR
No.
Hazelwood gives administrators the means to censor, based on the school's educational mission. Almost every school should have a mission statement stressing one of the system's goals is to teach democratic principles.
If a sound program has been established, based on professional standards of journalism, administrators should never have to censor.

The decision does not say an administrator has to censor.

If an administrator has faith in his or her educational system and the professionals who teach in it, there should be no need to interfere.

A strong argument can be made that where censorship exists, there exists an insecure administrator who does not trust his teachers.

If an administrator hires an adviser/instructor who is not certified and/or trained and then has problems, whose fault is it? The teacher who was not adequately trained?

Numerous courses exist throughout Ohio colleges for teachers to gain more training in teaching and advising publications.

5. BUT WON'T THE EFFECTS OF THE CASE BE LIMITED TO PROBLEM-CAUSING ARTICLES?
Hardly.
Interpretations of the case by noted scholastic press expert, Dr. Louis Inglehardt of Ball State University, lists 64 areas where Hazelwood potentially opens the door for unfettered cnesorship. These 64, verbatem from Inglehardt, include
--content which the school or the government cannot censor outside the school
--controversial issues
--content which does not have higher standards than the professional press
--content which is part of a regular classroom activity
--content which is part of an extra-curricular activity
--content that is an integral part of the school's educational functions
--content unrelated to legitimate pedagogical terms
--political controversy or advocacy
--content which is not responsible journalism
--content which questions the existence of Santa Claus
--content which is sensitive
--content not complying with rules in a textbook
--views erroneously attributed to the school
This list, obviously, could be used to eliminate any article, discussion or topic ever used in a classroom or publication.
6. HASN'T FREE EXPRESSION LED TO PROBLEMS IN SCHOOLS?
No.
All the major educational reports from over the last several years, including one from the Journalism Education Association, point out that schools should provide opportunities and educational experiences to help students become better citizens. Journalism reinforces and provides practical application for those skills learned in social studies, English, business and math courses.

One of the most important of those skills is analytical thinking.

Some of JEA's findings were
--in 10 of 12 statistical comparisons, those students who had completed at least one year of college and who had been on the staff of a high school newspaper or yearbook earned significatly higher scores than their non-publications counterparts. Those 10 significantly higher comparisons were in freshman GPA; ACT composite; ACT English score; ACT social studies score; first collegiate English score; mean score of final four high school courses prior to ACT assessment; final high school English grade; final high school social studies grade; final high school mathematics grade; and final high school natural science grade.
--newspaper and/or yearbook activities provide a type of outlet for those talented students which might not otherwise be provided within a school's curricular or co-curricular offerings.
--students who have taken a credit class in journalism consistently rated it higher than their standard English courses or other elective courses as fulfilling those competencies in language arts being espoused by national and state commissions on excellence in education.
--strong journalism programs have significant academic and human development value for participants because they:
-promote cross-disciplinary strengths
-develop and utilize critical thinking skills
-emphasize writing and the writing process
-stress writing for a real world and require consideration of consequences of freedoms as student journalists better fulfill these competencies--writing, editing, gathering information using sources and reinforcing the affective domain--than English or other elective courses
--an opportunity to publish or be published offers strong experience to motivate and refine communications skills
--student management and control of publications can develop and promote freedom with responsibility
--HOWEVER, journalism programs are at risk because of
-censorship
-lack of training and certification of teachers
-insufficient support from professional media, colleges, counselors and colleagues
-publication advisers need the freedom to teach without fear of illegal or unjustified outside pressures.

Furthermore, the report of the Commission of Inquiry in High School Journalism convened by the Robert F. Kennedy Memorial in 1974 reported that "where a free, vigorous student press does exist, there is a healthy ferment of ideas and opinions, with no indication of disruption or negative side effects on the educational experience of the school." Captive Voices, The Report of the Commission of Inquiry into High School Journalism, at 49 (J. Nelson ed. 1974).

7. BUT SCHOOL OFFICIALS ARE RESPONSIBLE FOR CONTENT ANYWAY, AREN'T THEY?
No, not if they don't exercise prior review.
Once they do exercise this questionable tactic, however, they ARE responsible, and thus must bear the financial liability.

If they do not interfere or read, maintaining a hands-off attitude, court decision indicate they will not reach through to the assets of the school. For this simple reason alone schools should not interfere with content.
Most principals are not qualified to judge what might be unprotected speech.

No published court decision has ever found a public secondary school financially liable for material published in a student publication.

Prior review also raises the specter of students suing the school system for violation of their First Amendment rights.

Thus, the most important responsibility school officials have is to hire trained, certified instructors who will propperly teach and advise the students what they need to make sound decisions of content.
We like to begin with the concept of responsibility.

Some administrators like to use the word only with their own limited meaning.

Administrators assume the worst possible risk with what they ask an untrained, unqualified and unwilling teacher to advise student expressive activities.

If students do make mistakes--and we all do--they should have the chance to learn from that mistake, as well as rectify it.

For instance, in one Ohio school last year students ran several piece of opinion about a school nurse, some of which came dangerously close to libel. The adviser was untrained in journalism and press law.

In writing to the adviser, Tom Schwartz, journalism law professor at Ohio State University said,
"First, I condemn the action of the school administration in destroying the issue. This is an outrageous act for an isntitution that purports to be in the business of education. I can think of few actions that are more antiethical to the purpose of secondary education in the United States...

After having said all of this, however, I find it quite difficult to defend the articles relating to the school nurse. I think both articles constitute poor journalism. I will elaborate on what I mean by this below, but first, let me reconcile my first paragraph with the second.

Being in favor of a persons right to freely express himself or herself does not necessarily mean being in favor of what a person has to say.

Our system of freedom of exression is based on a concept called the marketplace of ideas in which all ideas are welcomed whether they be disagreeable or agreeable to all, some or any 'sellers' or 'buyers' in the marketplace.

The assumption for the system of freedom of expression is that the participants in the marketplace will be able to sift the truth from the falsehood without artificial or arbitrary controls imposed by society's authorities. In this case, the administration, a public authority, decided that participants in the marketplace would not be able to sort our the truth about the nurse from the falsehood.

The administration seriously underestimated the intelligence of the consumers of the newspaper.

The administation bestowed on itself the authority to deem the truth or at least to withhold information to which the public was entitled. No one should interfere with the marketplace because no one can be bestowed with the power to decide what is truth and what is falsehood, except for the marketplace."

YES, WE ALL KNOW ABOUT THE FIRST AMENDMENT. BUT ISN'T THERE SOME TALK OF RESPONSIBILITY NEEDED?
Yes.
But the responsibility is to professional standards of journalism [objectively reached and consistent throughout the nation]. I would delete this last phrase. If there is anything one can say with certainty about journalism ethics it is that every journalist has a different opinion of what exactly they should be. I don't think they are very consistent.

Responsibility is to truth, accuracy and the free flow of ideas. Loyalty to the school is not a factor. Our country has been built on open discussion which will lead to the best solution.

DOES THE HAZELWOOD DECISION APPLY ONLY TO STUDENT PUBLICATIONS?
No.
Any school sponsored, non-forum student activity that involves student expression could be affected. The Court specifically mentions theatrical productions. Presumably art shows, science fairs, debates, research projects and cheerleading or pep squads could be among the other activities censored under the new standard. All students and teachers in public high schools should be concerned about the effect this decision could have on their right to express their opinions in school-sponsored activities or in the classroom.

DOESN'T THE HAZELWOOD DECISION APPLY TO ALL HIGH SCHOOL PUBLICATIONS?
No.
It applies only to those school-sponsored student publications that are not public forums by expression by students whether produced in a class or as an extra-curricular activity. Underground, alternative or unofficial student publications would still retain much stronger First Amendment protections. Additionally, publications either through formal identification or through practice, which are forums for student expression have much more protection against censorship activities. A public forum is created when school officials have "by policy or practice" opened a publication for unrestricted use by students.

Where student editors have clearly been given final authority over content decisions or where the school has specifically designated a student publication as a forum, the Hazelwood decision will not apply and school officials will still be very limited in the censorship authority they can exercise.

CAN THE SCHOOL MODIFY AN EXISTING FORUM?
No.
Schools might attempt to avoid these questions suggested by the Hazelwood decision by designating all student publications nonforums. To do this, schools might try to change currently independent newspapers, now labeled forums, or newspapers produced by clubs, into newspapers labeled nonforums and produced within a class for credit under the supervision of a faculty member. Although the Hazelwood decision greatly expands schools' powers, it is unclear whether a school could successfully convert a newspaper from a forum into an official, nonforum publication.

Attempting to change the status of a newspaper solely to gain control over its content is analogous to other actions that high school principals and college presidents have taken in the past to control the contgent of student publications indirectly. Courts have swiftly and uniformly rejected schools' attempts to gain control over the content of a newspaper by withdrawing financial support or by dismissing its editors. In light of these decisions, attempts to convert a publication from forum to nonforum for the stated or intended purpose of gaining editorial control over the publication would likewise be found unconstitutional.

WHERE DO STUDENT JOURNALISTS AND THEIR ADVISERS GO FROM HERE

1. Don't begin censoring yourself in fear of what might happen:
Within days of the Court's decision, the Student Press Law Center already had calls from students and advisers saying they were pulling stories about teen pregnancy, AIDS and other timely topics because they didn't know how their school authorities would react. That response is exactly what we feared this decision might bring--and it is precisely the wrong one.

If your publication has prepared a well-written, accurate story on any topic of interest to you and your readers, don't trash it because of Hazelwood. Now, more than ever, you should strive to produce the highest quality work you can, but when you have done that, you should not hesitate to publish it. If your principal or some other school official wants to censor, let them do it. Don't try to guess what they might not like and censor yourselves as a result. If you head down the road of self-censorship, it won't be long until your publication is as superficial and unchallenging as many student publications once were. It is up to you to not let that happen.

Once you have allowed censorship of any nature to take place, it is much easier to submit to it in other ways. Don't let it get started or form a precedent.

2. Get your school to adopt a policy for student publications.
If one is not already in existence, which specifies your publication or expressive activity is a forum for student expression, push your principal, superintendent or school board to adopt a policy protecting the right of student journalists and others to make their own content decisions. Many schools across the country have adopted such policies over the years, and those that have find that students have higher quality publications and a greater sense of responsibility. We would suggest using the Model Guidelines for Student Publications devised by the Student Press Law Center as a reference guide.

3. If you are censored, appeal to higher authority
If the day comes when your principal tells you not to run that story about date rape or drug abuse in your publication, don't accept that decision as final. Remember, a principal can only censor if a school district allows him or her to do so. Your district might not. When the order not to publish comes, first try to talk with your administrator to share the concerns over the story. If you are convinced those concerns are not valid and no changes in the story are appropriate, appeal the decision to the school superintendent. Present the superintendent with your well thought-out reasons why the story should run. If the superintendent sides with the principal, go to the school board. Ultimately, the school board has the final say, but also must listen to public opinion. Your job is to persuade those who would censor that your reasons for running the story are in the public's best interest and in their right to be informed. If you accept a principal's decision as final, you may be giving up early.

4. Use public pressure to your advantage
If you are appealing a decision by school officials to censor or trying to get your school district to adopt a publications policy, get as many people on your side as possible. The support of your fellow students, faculty and parents can have a big influence. Petitions, armbands and buttons all might be appropriate measures when talking about the problem gets no results.

Also, don't hesitate to go to the local media with your efforts. They can help publicize your position to the community and let the public know how serious you are about your student publications and programs. Call the local newspaper or television station and tell them your story on AIDS was censored from your publication and that you are appealing the decision. The chances are good the media will take notice and so will your school board. No school wants to be labeled a censor by the public. Many will listen more carefully to your concerns if they know the media is watching.

5. Get legal advice.
Call the Student Press Law Center, the ACLU or some other legal authority on student press issues if you are censored. The SPLC or other group can help you make a plan of action for fighting censorship in your school and can help explain what your rights are under state law as well as the First Amendment.

6. Don't forget alternative publications
If all the public pressure you can bring to bear doesn't stop the censorship, remember you still have the right to create and distribute your own alternative (sometimes called 'underground') publications. Alternative publications are not an ideal answer because they seldom provide the important training offered by a professional journalism adviser. But, if you can't express your views or write about the topics you think are important, an alternative publication may be your last resort.

Don't take an alternative publication lightly. If you use such a publication only to make fun of people or to explore the boundaries of good taste, you will likely find yourself with minimal support, only reinforcing the notion the school should never give students control of their school-sponsored publications. But, with alternative publication, the content decisions, good or bad, will be yours.