“A core value of being a journalist is to understand the role of the press in a free society. That role is to provide an independent source of information so that a citizen can make informed decisions. It is often the case that this core value of journalistic independence requires a journalist to question authority rather than side with authority. Thus, if the role of the press in a democratic society is to have any value, all journalists – including student journalists – must be allowed to publish viewpoints contrary to those of state authorities without intervention or censorship by the authorities themselves. Without protection, the freedoms of speech and press are meaningless and the press becomes a mere channel for official thought.”
Dean v. Utica Community Schools
345 F.Supp.2d 799 [E.D. Mich. 2004]

JEA board defines prior review

APRIL 15, 2010 -- JEA's Board of Directors passed the following definition of prior review at its meeting April 15:

Prior review occurs when anyone not on the publication/media staff requires that he or she be allowed to read, view or approve student material before distribution, airing or publication.

Prior restraint occurs when someone not on the publication/media staff requires pre-distribution changes to or removal of student media content.

Prior review itself is a form of prior restraint and it inevitably leads the reviewer to censor and student journalists to self-censor in an effort to assure approval.

An officially designated adviser, when working with students and offering suggestions for improvement as part of the coaching and learning process, who reads or views student media content before publication is not engaged in prior review.

However, when an adviser requires pre-distribution changes over the objections of student editors, his/her actions then become prior restraint.

JEA’s Scholastic Press Rights Commission will publish FAQs about the definition and handling situations in the near future.

SPRC student partners release Editors' Toolbox

April 15, 2010 -- To help student journalists take steps to deal with censorship issues, our student partners released an Editors' Emergency Toolbox for the JEA/NSPA convention in Portland today.

The Toolbox can be downloaded here.

Help at the touch of a button,
search of a map

Any JEA member needing assistance or just a comforting chat can now use the press rights commission's panic button to locate someone in their state who can be of service. The idea is to make quickly available resources for assistance. This outreach capability is a direct result of JEA's Adviser Assistance Program designed to combat censorship hassles advisers and students might face.

The panic button leads to an interactive map of contacts. Mouse over your state and information will pop up identifying contacts. Other resources include the Student Press Law Center, regional directors and the press rights commission. Thanks to Kent State University Center for Scholastic Journalism graduate assistant Stacy Stevenson for developing the interactive map.

Press rights commission creates student partner program, 45words

To see a short Quicktime movie on the First Amendment, created as part of this program, go here.

Links to the 45words partner program via Twitter are here, and via Facebook are here.

STUDENT PARTNERS JOIN JEA PRESS RIGHTS COMMISSION TO ENGAGE AMERICA’S YOUTH IN FIRST AMENDMENT DIALOGUE

Journalism Education Association's Scholastic Press Rights Commission created Student Partners as a way to help students connect with their peers to support, protect and spread awareness about the First Amendment.

Just in time for Scholastic Journalism Week, JEA's Scholastic Press Rights Commission (SPRC) introduces a new student group called Scholastic Press Student Partners. Students represent schools from Arizona, California, Indiana, Minnesota, Missouri, Pennsylvania, and Seoul, Korea. The eight public and private high school students were selected from applicants nationwide (and some international schools) to promote First Amendment awareness by opening dialogue with other students around the country via Facebook and Twitter.

In addition to planning and hosting press rights events at local, state and national conventions, the team is creating a scholastic press rights awareness campaign entitled 45words. They can be followed on Twitter at http://twitter.com/45words and the Facebook group is 45words. Although the group has already held meetings over the web, it plans to launch nationally April 15 – 18 at the Journalism Education Association/National Scholastic Press Association Convention in Portland, Ore.

Each of the students wrote essays that accompanied their applications, sharing their thoughts about the First Amendment. Some of them have experienced censorship, while others have enjoyed all of the freedoms guaranteed to the professional media. See their individual statements below:
Morgan Brewster (The Mustang Express, Multi-media Editor) of Sunrise Mountain High School in Peoria, Ariz. says the First Amendment means freedom, “Freedom to express myself anyway that I want, whether by speaking out in one of my classes, to writing about controversial topics in my articles, to practicing a religion which I believe in.”
Christopher Kim (The Tiger Times and Kaleidoscope, Copy Editor) Seoul International School, Seoul, Korea believes the public has a right to the truth though some truths are ugly. “The First Amendment guarantees our right to talk about these ugly truths; the court is there to expose those who misuse these rights and whereas there have been cases of libel and otherwise unethical practices, there are far more cases of important truths being revealed for all to know. The risk is one we have to take.”
Zachary Knudson (The Crier, Managing Editor) of St. Francis High School, St. Francis, Minn. wants to continue to fight to keep student press rights for students in his own community and to broaden the reach into other communities in the state and nation. “It is important that we have students fighting with a passion to keep and inform other students of our rights to free press,” he said, “So that we will not be shushed or written off as unqualified to report because of age.” Meghan Morris (The Spoke, Assistant Managing Editor) of Conestoga High School in Berwyn, Pa. quoted John Milton. “‘Give me the liberty to know, to utter, and to argue freely according to conscience, above all liberties.’ This liberty is the essence of the First Amendment, and the core of journalism. Through freedom of the press and speech, journalists have the power to better our democracy, an influence that few Americans ever have, and an influence that too few high school students fully understand. As a Scholastic Press Student Partner, I will raise awareness of the First Amendment and its relevance to both high school journalists and high school students in general.”
Zoe Newcomb (The Broadview, News Editor) from Convent of the Sacred Heart High School in San Francisco, Calif., has experienced censorship first-hand and said, “The job of a journalist is inform people about the events around them that are important, a job which cannot be done without the rights given to us by the First Amendment. I think a lot people take for granted the gift of freedom that we are given — so many people around the world do not have that luxury. I want to be involved in what goes on around me, and not just be a bystander.”
Ted Noelker (Central Focus, Managing Editor of Multimedia) of Francis Howell Central High School, St. Charles, Mo. wants to be a part of any effort against censorship, having seen the effects of censorship on others and within his own publication. “Censorship is an action which I believe occurs all too often unjustly. I know the hard work that goes into making a high school newspaper, and I know of the frustrations of having that work carelessly tossed aside under inadequate reasoning. I wish to offer my support in resisting acts of censorship in high school publications.”
Sara Rogers (The Hi-Lite, Cover Story Editor) of Carmel High School, Carmel, Ind. said the freedom of the press allows her to thoroughly fulfill her duties as a journalist every day without hesitance. “While I don't seek out controversial topics, it is important to me that when those issues do arise I am able to cover them. As a journalist, it is my job to educate and inform students and other receivers of our 5,000-circulation publication. I've always considered my voice and pen my two most important tools. I am grateful every day to have the opportunity to speak my mind freely. Seeing the oppression and censorship of other countries really solidifies my drive to preserve the rights and freedoms stated in the United States Constitution.”
Joseph Weber (The Kirkwood Call, Features Writer) of Kirkwood High School in Kirkwood, Mo. said, “From the moment I wrote my first story for The Kirkwood Call, I knew where I belonged. Going out of my way to get an interview, staying up until 2:00 a.m. to finish a story, it has become my passion. Where most high school students have no idea what they are going to do when they leave school, I already see my future: A journalist. But the journalism world is changing more drastically than ever. It is up to my generation to lead it in the right direction. Some may see the newspaper as a dying industry, but I see an opportunity to reshape how everyone receives, uses and appreciates the world of journalism.”

Founded in 1924, Journalism Education Association (JEA) is a volunteer organization that supports free and responsible scholastic journalism by providing resources and educational opportunities, by promoting professionalism, by encouraging and rewarding student excellence and teacher achievement, and by fostering an atmosphere which encompasses diversity yet builds unity. For more information about JEA go to www.jea.org.

The Scholastic Press Rights Commission is a group of JEA members who help educate, advocate and empower student journalists to use their voices and find a role in their schools, their communities and their democratic society. In addition to student support, JEA SPRC also provides information and resources to teachers and administrators. For information on SPRC go to www.jeapressrights.org.

JEA issues statement on prior review

April 21, 2009 – The Journalism Education Association, as the nation’s largest association of scholastic journalism educators and secondary school media advisers, denounces the practice of administrative prior review as serving no legitimate educational purpose. Prior review leads only to censorship by school officials or to self-censorship by students with no improvement in journalistic quality or learning.

Better strategies exist that enhance student learning while protecting school safety and reducing school liability.

School administrators provide leadership for just about every dimension of schools. They set the tone and are crucial in a meaningful educational process. Undeniably, administrators want their schools’ graduates to be well-educated and effective citizens. Often, school or district missions statements state this goal explicitly. JEA supports them in that effort.

So, when the Journalism Education Association challenges the judgment of administrators who prior review student media, it does so believing better strategies more closely align with enhanced civic engagement, critical thinking and decision-making.

Prior review by administrators undermines critical thinking, encourages students to dismiss the role of a free press in society and provides no greater likelihood of increased quality of student media. Prior review inevitably leads to censorship. Prior review inherently creates serious conflicts of interest and compromises administrator neutrality, putting the school in potential legal jeopardy.

Without prior review, administrators retain better strategies that support journalism programs. Such approaches include:
• Working with students cooperatively to be good sources for stories
• Hiring qualified advisers and journalism teachers
• Building trust in the learning and communication process in a way that also lessens liability concerns of the school system
• Offering feedback after each publication
• Increasing dialogue among school staff and students, thus encouraging outlets of expression that strengthens school safety
• Expanding school and community understanding and appreciation of the value of free – and journalistically responsible – student media
• Providing necessary resources to support and maintain publication programs, including financial support, master schedule preferences, development opportunities and time

These strategies, and others listed below can enhance the influence of administrators without intruding on student control of their media as outlined by court decisions and the First Amendment.

Administrators can and should:
• Foster appreciation for America’s democratic ideals by inspiring students and their advisers to practice democratic principles through free student media
• Hire the most qualified educator to teach and advise or help one without solid journalism background become more knowledgeable. This allows the educator to provide training so students can better become self-sufficient as they make decisions and practice journalism within the scope of the school’s educational mission and the First Amendment
• Trust and respect their advisers, their student media editors and staff as the students make decisions
• Maintain dialogue and feedback to protect and enhance student expression, to afford students real input in the process, and to broaden their opportunities to excel
Teachers and advisers can and should:
• Model standards of professional journalistic conduct to students, administrators and others
• Emphasize the importance of accuracy, balance and clarity in all aspects of news gathering and reporting
• Advise, not act as censors or decision makers
• Empower students to make decisions of style, structure and content by creating a learning atmosphere where students will actively practice critical thinking and decision-making
• Encourage students to seek other points of view and to explore a variety of information sources in their decision-making
• Ensure students have a free, robust and active forum for expression without prior review or restraint
• Show trust in students as they carry out their responsibilities by encouraging and supporting them in a caring learning environment
Student journalists can and should:
• Apply critical thinking and decision-making skills as they practice journalistic standards and civic responsibility
• Follow established policies and adopt new ones to aid in thorough, truthful and complete reporting using a range of diverse and credible sources
• Seek the advice of professionally educated journalism advisers, teachers and other media resources
• Maintain open lines of communication with other students, teachers, administrators and community members
• Operate media that report in verbal and visual context, enhancing comprehension and diverse points of view
• Develop trust with all stakeholders – sources, adviser, administration and fellow staffers

For additional information on prior review, go here

JEA's executive committee shows off their 40th anniversary Tinker armbands. Armbands like these will be distributed when Mary Beth Tinker keynotes the Friday, April 17, keynote at the JEA/NSPA convention.
Question of the day:

Why should students wear black armbands this spring?

Answer: To celebrate.

Not to protest the war.

Not to protest cold winter temperatures nor how the economy is affecting their college plans.

But they wear them to honor a 40-year-old U. S. Supreme Court decision.

Tinker v. Des Moines, originally about the right to wear black armbands to protest an unpopular war, laid the framework for successes in scholastic journalism since then.

Tinker’s spirit contributed as:

• A New Jersey student was allowed to publish his inoffensive movie review the R-rated "Mississippi Burning" after his principal had refused to let him

• Katy Dean successfully fought against censorship in Michigan so she could print an article about the possibility of fumes from a bus garage contributing to cancer among neighbors

• Citizens throughout the nation became more aware of the importance of student freedom of expression because of censorship

• That awareness contributed to the founding of an organization to help students, advisers and school officials better understand the importance of free student expression, the Student Press Law Center

• Then the SPLC and others developed policies that recognize the importance of students learning by using their critical thinking and decision-making skills.

By honoring Tinker and encouraging students to wear black armbands this spring, we reinforce the heritage and civic responsibility our forefathers began by taking a giant chance that we, as a country, could govern ourselves through citizen involvement and decision-making.

Mark Goodman, Knight Chair for Scholastic Journalism at Kent State University, called Tinker the most important Supreme Court precedent supporting the future of the First Amendment.

“The Tinker decision reflects the fundamental belief that young people are a vital part of our national debate and are no less deserving of basic civil rights than any adult,” Goodman said. “In more recent years, some have forgotten that, including some on the Supreme Court. But our future as a nation depends on it.”

And that is why principals and teachers, parents and citizens should allow and encourage students to wear black armbands Feb. 24.

To learn more about how to make your own armbands, go to: http://scholasticjournalismweek.weebly.com/

Breaking news update (Nov. 10, 2008):

Students report success in fighting prior review

Students at Snoqualmie Valley's Washington High School will not face prior review and will publish their first issue Friday.

Meeting Thursday, Nov. 5 with district administrators, publication students and their adviser, Washington Journalism Education Education (WJEA) representative Fern Valentine reports the principal agreed to have a policy without prior review.

The news comes on the day the Valley Record, the local commercial paper, published a story saying school administrators would continue to prior review the student publication, which has a history of being an open forum.

Valentine, in an e-mail to the Center for Scholastic Journalism today, said, "The principal agreed to have a policy that did not involve prior review if the students would work with the local newspaper to make sure that their paper meets professional standards."

Student editor Sean Byrnes, in a Facebook chat Nov. 6, said administrators agreed. Valentine has an audio recording of the meeting where administrators indicated they would not establish prior review.

Part of the agreement indicates the publication, Cat Tales, will work with a local paper on some ethical questions.

"Our administration stepped down on prior review entirely," Byrnes said. "We've convinced the administration to allow us to publish under a similar paper's policy of a nearby school. There would be no prior review at all, we would remain an open forum, and in cases that we thought might be out of journalistic ethic, we'd check with a local paper that has agreed to consult with us."

Valentine said administrators and students also reached an agreement allowing students to publish their first paper Friday with the same open forum language as in previous years.

Students will then come up with a new policy modeled after policies Valentine showed them that do not include prior review.

"The principal said the superintendent had left it up to him to come up with a policy the students could accept, so we will see," Valentine said. "They would like to have this done before the school board meeting Thursday, Nov. 13. Students promised to come up with one before Monday. At any rate, the open forum still exists and the first paper will come out under it."

Students usually publish every two weeks but had suspended publication over the potential for prior review.

No one had asked for prior review or any change of policy with their award-winning yearbook.

New Law of Student Press book now on sale, available at JEA/NSAP convention
Nov. 7, 2008: Student Press Law Center executive director Frank LoMonte said the third edition of the SPLC's signature Law of the Student Press is ready for sale at the Journalism Education Association/National Scholastic Press Association convention in St. Louis. The book is 416 pages and updates the last edition, published in 1994. Updates include the latest developments in online publishing law, “fair use” of copyrighted materials, the aftermath of Morse v. Frederick and other hot topics affecting student media. Both LoMonte and for executive director Mark Goodman will sign copies of the book at the convention.

Information, including ordering information is on the SPLC Web site.

The SPLC is also expanding its outreach by posting information on Twitter. All this is in addition to other information sources such as its Web site, newsletter, RSS feed, Facebook and My Space pages. Subscribe at http://twitter.com/SPLC_org and you’ll get tidbits as they happen.

Creating a learning arena for students
Sept. 29, 2008 Colorado journalism teacher Mark Newton set up a blog for his journalism and publication students to discuss classroom assignments and readings. This is an easily duplicatable model and an excellent way to get expanded discussion not only among students but other stakeholders in democracy, local and distant. The questions are excellent and the responses show insight and critical thinking. Check out the blog and consider entering the discussion or starting one of your own.

CA governor signs legislation protecting advisers
Sept. 29, 2008 California Gov. Arnold Schwarzenegger signed one of the nation's toughest and most forward-looking laws protecting teachers against unfair retaliation when they stand up for their students' First Amendment rights. For the SPLC story, go here.

What to do when facing a forum status threat

Sept. 11, 2008 – As school officials become more sophisticated about scholastic media law or at least more aware of its implications, they might attempt to change forum policies into something less educationally valid.

Here are some suggestions, in priority order, to help you and your students if faced with such situations:

• Collect all the documentation you can find to demonstrate why you believe your publication has been operating as a designated public forum.
• Ask administrators why they are objecting to/changing your public forum status – and try to get their response in writing. Try to keep the communication channels open so you and students know the reasoning and details. Pay special attention to any statements they make suggesting their actions were in response to something students published.
• Obtain a copy of the replacement language for the policy if whoever is making/suggesting a change has such language. Ask for their sources of this language.
• Find out whether the changes come from the board of education or from administrators. If the board, did they make the changes in an open meeting, following state law? If they have not made the decision , when will they and are the changes open to discussion?
• See if you can find out, and from whom, administrators or the board receives legal assistance. Also find how, and if, these resources have handled similar cases or incidents before. Being aware of their arguments might enable you to anticipate and counter them.
• Know your state's education codes and state student free expression laws. It is possible you have language that can protect you.
• Call the Student Press Law Center (703-807-1904) or e-mail them. Ask for guidance.
• Seek and prepare individuals and groups – from students, parents, commercial journalists and possibly even a local attorney (preferably one who understands scholastic media law) – to ask questions, voice concerns and to be observers of the process.
• Develop a process to keep the discussion about change in the public's eyes and ears.
 

Facing prior review and censorship? Here's a way to let others know...and maybe help

Although JEA's Press Rights commission doesn't want any student media to face censorship issues or prior review, we know it can happen. It is a prospect you and your students should not face alone.

By reporting instances of prior review (which JEA considers censorship and without educational justification) and overt censorship, you can help scholastic journalists identify and assist students and advisers who might not otherwise have support.

The Google Map project (http://jmc.kent.edu/csj/CSJ_map/CSJ_map/CSJ_map/mappage0708.htm), started last year, visually tries to show the extent of censorship during each school year. The map, using colored push pins indicating prior review and overt censorship, shows locations and contextual information about each instance of reported censorship.

But we cannot accurately report such instances if we do not know about them.

To report instances of prior review and censorship, use the following reporting forms:
• For prior review, go to: (http://www.surveymonkey.com/s.aspx?sm=o4Kp1Ypz9arqgMO8_2fZSsRw_3d_3d )
• For prior restraint/censorship, go to:
(http://www.surveymonkey.com/s.aspx?sm=kYHGmBYIZU3bRor9LWx1fg_3d_3d).

Center for Scholastic Journalism seeks forum schools

Are your student media forums for student expression by policy or practice? If so, would you like to be recognized as such and perhaps act as models so others can attain that status?

The Center for Scholastic Journalism has developed a Google Map of schools verifying they have forum status (http://jmc.kent.edu/csj/documents/forumschools.html).

If you qualify, let us know and we will add your information to the list. We know there are more forum schools out there than listed so far, but you have to take the next step. You will find an information forum below you can return to us and we will add you to the map. Be sure to note the definition of a forum listed below.

John Bowen
CSJ, JEA Press Rights Commission

If your student media are forums by policy or practice, please complete the following questions so we have thorough information for the Google Maps site and in case other advisers or principals would like more information to help their media become forums.

Please also note the following definition of a forum.

For student media to be designated as a public/student forum, the school must either:
• Have a school board- or administrator-enacted policy stating students make final content decisions of protected speech*, or
• Have a student media-generated policy declaring students make all final content decisions and also indicating/verifying that practice has been in effect at least two years, and there is no district or building policy that directly contradicts that practice. During that time, no adult, including the adviser, other faculty members, administrators or publication boards have dictated or changed content

In both situations, the advisers may, as part of the coaching process, offer advice and comment, but not make final content decisions

* The policy can still limit unprotected speech such as libel, obscenity and substantially disruptive material, but it must give other content control to the students

You can use the form below or download this pdf and return it to us.

Name of school: Public ____ Private ____

Name of student media ___________________________________

Location (city and state)

Adviser:

Adviser contact info (phone and e-mail):

Media Web site (if available): _______________

Would you be willing to talk with others about your forum status?
____Yes
____No

The __________ is a forum by (repeat this section for each student media. Identify the student media by type, i.e. newspaper, broadcast, Web site, etc., and complete a form for each publication or media):

____ Policy (You must include a copy or link to your school board’s policy)
____ Practice (Include a brief description of how your publication or media has operated as a forum and affirm there is no contradictory school policy. Include a copy of your publication or media’s policy that describes who controls content)
____ Both

____ Length of time as a forum

Three other points:

• Please include a digital or PDF copy of your (or your board’s) editorial policy
• If you can include a copy (print or broadcast or a link to your Web site) of reporting made possible by your forum status, please include that
• If you have stories to share about your forum status and how you attained it, please share those
• Did the current adviser have a hand in establishing the policy? If not, who did?

Thanks for your time and information. If you have any questions, please feel free to contact either me, jabowen@kent.edu or Katy Zupan at Kzupan@kent.edu. Please return this information to John Bowen at the above e-mail address or if hard copy to:
John Bowen jabowen@kent.edu
Katy Zupan kzupan@kent.edu
JMC
201B Franklin Hall
Kent State University
Kent, Oh 44242

About JEA:

The Journalism Education Association, Inc., is the only independent national scholastic journalism organization for teachers and advisers. Founded in 1924, JEA is a volunteer organization. Members of the Board of Directors, including the officers, are current or retired journalism teachers who have obtained their positions through national membership elections. Among JEA's 2,300 members are journalism teachers and publications advisers, media professionals, press associations, advisers' organizations, libraries, yearbook companies, newspapers, radio stations and departments of journalism.
For more information, go to JEA home

© 2008 Journalism Education Association
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