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What, students have rights? Since 1943
(West Virginia State Board of Education v. Barnette)

Posted by on Nov 1, 2017 in Blog, Legal issues, Quick Tips, Scholastic Journalism, Teaching | 0 comments

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Quick Tip27: Student First Amendment rights

by Jan Ewell
Before the Barnette decision, when students came into conflict with public schools, the courts decided their cases—often against the students—without mentioning students’ right. They considered if the punishment was excessive (beating with a rawhide strap was okay in 1859). They also debated if it was the parents’ right or the schools’ right to discipline the students. The First Amendment was never mentioned.

Gathie and Marie Barnett* were attending Slip Hill Grade School in Charleston, West Virginia, when America entered World War II in December, 1941. The school district installed flags in classrooms (replacing pictures of flags) and required all students to salute the flag. The West Virginia State Board of Education passed rules in January 1942 requiring the flag salute and a recitation of the Pledge of Allegiance, which Congress would formally adopt June, 1942.

The Barnett family, as Jehovah’s Witnesses, felt the practice of saluting the flag was a form of idolatry and would be a violation of their religion. As Gathie said some 60 years after the case, “We were taught that bowing down to the flag, saluting it, was like a bowing down and giving reverence to it—it was like an idol. So we believe definitely not to worship idols.”

If there is a fixed star in our constitutional constellation, it is that no official high or petty shall prescribe what shall be orthodox in matters of politics, nationalism, religion or other matters of opinion or force citizens to confess by work or acts their faith therein.”––Justice Robert H. Jackson

The Supreme Court released its decision in the students’ favor on Flag Day, June 14, 1943.

The decision: Justice Robert H. Jackson wrote these memorable words in favor of students’ rights: “If there is a fixed star in our constitutional constellation, it is that no official high or petty shall prescribe what shall be orthodox in matters of politics, nationalism, religion or other matters of opinion or force citizens to confess by work or acts their faith therein.”

Though the Supreme Court did not specifically address student press rights until 1988, the Barnette case is essential to student journalists. It limits the government’s ability to restrict religion, the first freedom in the Bill of Rights. It found public schools are the government. It established that students as young as elementary school are protected by the First Amendment .

Justice Jackson wrote, “That we are educating the young for citizenship is reason for scrupulous protection of Constitutional freedoms of the individual, if we are not to strangle the free mind at its source and teach youth to discount important principles of our government as mere platitudes.

*A court clerk misspelled their name as Barnette

Resources:

West Virginia State Board of Education v. Barnette

West Virginia State Board of Education v. Barnette

West Virginia State Board of Ed. v. Barnette

Related issues and cases:

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Quick Tips

Posted by on Apr 5, 2020 in Blog | 0 comments

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Use these short resources to build lessons, ethics guidelines

Forum status of student media
If you’re developing a new policy, the Scholastic Press Rights Committee recommends using language something like this:

[Name of publication] is a designated public forum for student expression. Student editors make all content decisions without prior review from school officials.

Prior review v. prior restraint
In brief, the Journalism Education Association has found prior review has no educational value. Instead, JEA believes it is simply the first step toward censorship and fake news. Prior review also contributes to self-censorship and lack of trust between students, advisers and administrators. Prior review conflicts with JEA’s adviser code of ethics.

Student media policy may be the most important decision you makeStudents should understand while they can and should adopt best legal practices and ethical guidelines for their publication, the school district’s or school board’s media policy (if one exists) could impact the legal and ethical decisions of student editors.

What should go into an editorial policy? What should not?
Editorial policies are the foundations for your journalism program. Often short, these statements address forum status, who makes final decisions of content.

What do you do in the event of student faculty death?
It’s important to have a guideline in place before a student or staff member dies. Journalists should report a student or staff death in an objective, consistent manner that has been decided when the staff manual is being revised. Choosing what to publish at the time of any tragedy is not wise and can cause staffs to make choices that create problems in the future.

Balance and objectivity are key to reporting
Balance and objectivity don’t mean isolation and a lack of care about people and their stories.

They do mean trying to report all points of view as best you can and providing background and context for the story.

Free press –– why students should make all decisions of content
For students to prepare themselves for their roles in a democracy, they must be able to practice guarantees of the First Amendment, thus knowing they can make a difference.

Avoid senior quotes; give them to senior class for publishing
The question of using senior quotes in student media came up recently on JEA’s listserv. The Scholastic Press Rights committee would urge schools not to run them, but turn them over too the senior class as part of its responsibility.

Should student media publish senior superlatives?Publishing senior superlatives, if seniors decide they are worthwhile at all, is one of those “traditions” best moved from student media to those who most clearly benefit – the senior class.

Should student media publish senior superlatives?
Publishing senior superlatives, if seniors decide they are worthwhile at all, is one of those “traditions” best moved from student media to those who most clearly benefit – the senior class.

So your student media want to do senior wills?
Because senior wills have minimal journalistic value and great potential for damage, they should not be used in school publications.

The issues with April Fools coverage
April Fool’s issues are fake news and can damage student media’s credibility.

Yes, some find them acceptable, but their negatives far outweigh their positives. The ultimate question is are they worth the risks?

Allowing sources to preview content is ethically questionable
The newest reporter on staff chooses to cover the story about the Science Department’s new policy on studying animal life. To do so, she must interview the head about a new policy on studying animal life. It’s fairly controversial because People for the Ethical Treatment of Animals (PETA) is strongly opposed to dissection and the new curriculum for advanced biology includes that.

What to do if sources, including the expert, want to see the story ahead of time?

Takedown requests: When the right to preserve history conflicts with the desire to forget it
As more student newspapers move to digital platforms, editors and advisers are facing a new and insidious form of post-publication censorship: takedown requests.

The requests usually go something like this: “I was a student at [fill in name] high school [fill in number] years ago, and I was interviewed/wrote a story/was in a photo/made a comment that I regret now. I don’t want this showing up in Google searches. Please remove this story from your site.”

Publishing memes also means knowing copyright rules
Entertainment. Political statements. A way to comment on issues, events, people

And, if not done correctly, says Mark Goodman, Knight Chair in Scholastic Journalism, a way to violate the owner’s copyright. A violation several owners pursued.

Who should be on student media editorial boards, make decisions?
Because student media are productions of student work, only students should be on editorial boards of student media. That would include the general manager and producers of broadcast media.

The importance of staff editorials
Student editors are busy. In addition to leading their staffs, making publication decisions and helping reporters, they are likely also still reporting and creating their own news content — not to mention carrying a full academic high school load.

Covering controversy
Although some administrators would like for students to only publish “positive” stories, a journalist’s job is to watch and report on the school. This may involve students including stories that might make the school “look bad.”

Disturbing images: public’s right to know v. invasion of privacy
A 9-year-old girl, burning from napalm, runs naked down a Vietnam road. A vulture watches a Sudanese child, emaciated from famine, crawl across the ground. Two yellow-clad health workers carry a limp 8-year-old boy who might be infected with Ebola to a treatment facility.

Determine who owns student work before publication beginsAbsent a written agreement indicating otherwise, student journalists own the copyright to the works they create. Each media outlet should ensure it has clear policies in place for staff members and the publication that spell out ownership and the right of the publication to use student work

Determine who owns student work before publication begins
Absent a written agreement indicating otherwise, student journalists own the copyright to the works they create. Each media outlet should ensure it has clear policies in place for staff members and the publication that spell out ownership and the right of the publication to use student work

The role of the adviser is multifold, but ethically, practically not a doer
The role of the adviser in student-run media incorporates teacher, coach, counselor, listener and devil’s advocate but not doer. We like the JEA Adviser Code of Ethics as guides for advisers.

That role means letting students make all decisions including content, context and grammar.

How can my school get involved in the New Voices campaign?
Almost a quarter of all states have now passed legislation protecting voice in student media, and instilling the virtues of the First Amendment as state statute for student media. North Dakota’s success in 2015 seemed to spark the latest fire that has seen legislative recognition of student speech in Illinois, Maryland, Vermont and Rhode Island.

Empowering student decision-making
The role of the adviser in student-run media incorporates teacher, coach, counselor, listener and devil’s advocate but not doer. We like the JEA Adviser Code of Ethics as guides for advisers

Responsibility in scholastic media starts with ethics, accuracy, complete story

Responsibility in scholastic media starts with ethics, accuracy, complete story
Administrators may want student media that depicts the school in a positive light, that promotes good news and overlooks the negative.

Is this responsible journalism?

Advisers may want student media that reflects students’ technical proficiency such as mechanics, grammar and style. Little else matters.

Is this responsible journalism?

Decision-making for most student broadcasts protected same as print, online
As more schools expand their journalism programs to include broadcast and radio, it should be clear how Tinker and Hazelwood positively or negatively affect broadcast programs

The answer is: it depends.

If they go out over the broadcast airways, Federal Communications Commission regulations apply.

Muzzle Hazelwood with strong journalism status as an open public forum
Forum concept reinforced by Dean v. Utica Community schools decision

Dealing with unwanted, forced prior review?
JEA historically has opposed prior review of student media by school officials.

That opposition continues.

Prior review leads only to control, active censorship and iis the first step toward the spread of fake news and less than complete disinformation.

What, students have rights?  Since 1943
Before the Barnette decision, when students came into conflict with public schools, the courts decided their cases—often against the students—without mentioning students’ right. They considered if the punishment was excessive (beating with a rawhide strap was okay in 1859). They also debated if it was the parents’ right or the schools’ right to discipline the students. The First Amendment was never mentioned.

Journalism integrity guides student media
As scholastic media advisers and students develop policies and guidelines to guide them with journalism standards, they should note these words: The only thing students have to lose as journalists is their credibility.

Ethical guidelines for monitoring yearbook coverage
Arguably, the two biggest complaints most yearbook staffs hear are that a wide cross section of the school is not covered adequately, and quotes are not represented accurately. These are tough criticisms to hear, but staffs must consider the potential criticism while they create the book.

Equipment purchase does not mean content control
It has long been understood that school purchase of equipment or provision of a room that is not the only factor in who controls the content.

There other factors, including a guiding court decision.

Ethical photo editing, visuals
Student media should avoid electronic manipulation that alters the truth of a photograph unless it is used as art. In that case it should be clearly labeled as a photo illustration.

Academic dishonesty lessens media effectiveness
Dishonesty compromises the integrity and credibility of the student publication. The editorial board and/or adviser should address any instance of academic misconduct immediately

Social media that works in high school classrooms
Social media has had such a profound effect on journalism that it’s sometimes hard to remember how traditional news functioned before it. Reading this 2009 MediaShift article is a powerful reminder that Twitter wasn’t always the source of breaking news. In fact, as author Julie Posetti wrote just eight years ago, “Some employers are either so afraid of the platform or so disdainful about its journalistic potential that they’ve tried to bar their reporters from even accessing Twitter in the workplace.”

Handling online commentsDeciding whether to accept online comments can be a tough decision they can carry a lot of baggage. How to review and verify them? How does refusing to run them affect your forum status?

Handling online comments
Deciding whether to accept online comments can be a tough decision they can carry a lot of baggage. How to review and verify them? How does refusing to run them affect your forum status?

And that’s only the first decision.

When sources don’t respond
The publication staff will provide every reasonable opportunity for sources to respond to a request for an interview. Students must first attempt to contact the source in person or through an administrative assistant. If the person is not available, they should attempt calling and leaving a message with a request for an in-person interview. If, after 24 hours, the source does not respond to the telephone call, staffers should send an email requesting an in-person interview with a clear deadline by which the staffer will include the line “the source did not respond to an interview request.”

The perks of being a wallflower: How a school district escaped a lawsuit by fostering an independent student press
Because Lexington High School students made all the editorial, business and staffing decisions for both the LHS Yearbook and the school paper, a suit against the district failed. The school’s superintendent, principal, the two publication advisers and the five school members of the school committee escaped unharmed from the suit that alleged they were violating the First and Fourteenth amendments when the school publications refused two ads.

Choosing topics for editorials
The best and most effective staff editorials are those that tackle an important topic and then give audiences a reason and a way to address it.

The importance of staff edits: critical thinking, leadership
Student editors are busy. In addition to leading their staffs, making publication decisions and helping reporters, they are likely also still reporting and creating their own news content — not to mention carrying a full academic high school load.

Given all of these responsibilities, it’s easy to see why writing an unsigned staff editorial might seem a lower priority than getting the next edition to print or finishing that great feature on the new student body president.

What is the process if someone wants to submit a guest commentary
Accepting guest commentaries, offered randomly, reinforces student media’s role as a public forum for student expression.

Letters or commentary can enhance public forum role
Publishing letters to the editor is another way of fulfilling student media’s forum obligations to engage audiences through journalistic responsibility.

That said, students should establish clear criteria for identifying the authors, receiving and verifying the information. Such viewpoint neutral guidelines do not violate the author’s free expression rights.

The process of deciding staff editorials
Keys to effective editorials include focused positions, credible sources and meaningful topics. If the topic is focused on issues and problems, strong editorials include a call to action or possible solutions.

“I wrote that just to get a grade:” Students should write what they believe
To ensure credibility, students should only write opinion stories that represent their beliefs. If, during the research phase, the student changes his or her mind, then the story should be reassigned or the content of the story be altered to reflect the change in view.

Interviewing ‘people on the street’
Four categories of sources exist: experts, authorities, knowledgeable and reactors (sometimes called bozos). The first three should be credible. The last not so much.

Why ask “what do you think about the tax levy?” if the person has no knowledge at all?

Students should ask permission to record before interviews begin and ethical reminders about interviewing
One of those areas easily overlooked is asking for permission to record interviews. Ethically — and in some states legally — students should always ask permission to record an interview.

Make it matter: Scholastic journalism must do more than give facts
How can student journalists keep their publications relevant when information spreads faster than they can report it?

Professional journalists have struggled with this problem for years. Before the advent of the internet and social media, news producers — whether newspaper, radio or broadcast — were citizens’ primary source of information. News consumers found out about terrorist attacks and new government policies when they opened the morning paper or turned on the evening news

Make it matter: Verification essential as journalists seek truth
One key component of every journalist’s ethical code is truth. Given that Oxford Dictionaries named “post-truth” their 2016 word of the year and the president has called venerable traditional news sources “fake news,” getting the facts right is more crucial than ever.

Verifying information is an essential part of the reporting process.

Respecting privacy and public space  important for photographers
Student journalists should never invade the privacy of others while accessing information or photos for a story.

However. it is their journalistic duty to know what constitutes invasion of privacy or what spaces they are legally allowed to access and what spaces they are not legally allowed to access.

Seeking visual truth is just as important as written truth
A reporter working on a story pauses from her transcription. “Hm,” she thinks. “This is a good quote, but my source could have said it so much better. I’ll just change it around and add a bit …”

By this point, responsible student journalists and their advisers are horrified. Of course you can’t change a source’s quote! Our job is to seek truth and report it, not to create fiction.

Consider emotional impact as well as news values when choosing images
When the editors of the Panther Prowler, the student-run school newspaper for Newbury Park High School, decided to write a feature article about teenagers having sex in 2015, they knew it was going to be controversial. The controversy wasn’t just about the content of the article, however — it was also about the image they paired with it, which appeared on the cover of their special edition magazine.

Since the article’s focus was the impact of limited sex education in and out of the classroom, the editors decided to use an iconic sex ed image: a condom on a banana.

Keeping ads and content separate
Student journalists should maintain a wall between promotional/paid content and journalistic content.

That historical wall should remain intact to help reassure audiences the content they receive is as thorough and complete as possible.

As Bill Kovach and Tom Rosenstiel say in The Elements of Journalism, journalists’ first loyalty is to the truth while maintaining an independence from those they report.

Handling controversial ads/content
Student media should not discriminate against advertising based on students’ personal beliefs.

For example, students should attempt to include advertisers from multiple perspectives. According to the federal court decision in Yeo v. Lexington, student editors have the right to reject advertisements and school administrators are not legally responsible for advertising decisions students make.

Handling sponsored content, native ads
Although it is quite possible scholastic media will never face making a decision to run material known as sponsored content or native ads, students and advisers should prepare guidelines just in case.

Sponsored content and native advertising, two media terms for paid materials, are becoming a fact of life for media and consumers. That said, student media, when faced with publishing them, should act carefully and with the best interests of the audience/consumer first.

Ad placement 
Newspapers used to keep in-depth, front page and opinion pages completely separated from advertising.

The thinking was the advertising and promotion of products should not appear to influence a newspaper’s editorial choices. They wanted to keep their most important pages dedicated to the content they deemed most important.

Political ads: Who can place an advertisement
Students make all content decisions, including those related to advertising, and maintain the right to reject any ads.

Student media do not necessarily endorse the products or services offered in advertisements. Students should strive to retain as much control of funds or services obtained from the sale of advertising, subscriptions or other student fundraisers as possible. All businesses should have a street address

Accepting ads from competing organizations
Students who sell ads sometimes hesitate to solicit advertising from competing companies. They sometimes have a loyalty to one of their clients or they believe their clients will be frustrated if their competitor is also advertising in the same publication.

This is a good problem to have. Too many advertisers want to support your publication, and you should encourage a forum for advertising that is as robust as your editorial content

We have the responsibility to ensure administrators see journalism’s values
Educating administrators about the value of journalism at the high school level is a crucial step towards empowering student journalists and building a future with more engaged democratic citizens.

Seeking journalistic truth 

Journalistic truth “means much more than mere accuracy,” according the seminal text “The Elements of Journalism” by Kovach and Rosenstiel. “It is a sorting-out process that takes place between the initial story and the interaction among the public, newsmakers and journalists.”

Solutions Journalism

Solutions Journalism doesn’t offer its solution to issues. It does report on what others haveworked and what has not.

Handling sponsored content

Student media, when faced with publishing sponsored content, should act carefully and with the best interests of the audience/consumer first.

The importance of linking to reporting

Links in online reporting provides context, credibility and transparency for coverage.

Promote online coverage with facts, without hype

Staffs should have clear guidelines for the tone of information published in social media. Although tweets are often used to promote people or events, that’s not the job of news media — student-run or otherwise. Remember to be a journalist all the time and provide facts, not opinion and hype.

Public or independent schools: Whose expression is protected is complex

If public school student journalists face censorship, they can turn to the First Amendment. Because public schools are funded by the government, school officials are government agents. Private (also known as “independent”) schools are not funded by the government, so those school officials are not government agents — the First Amendment does not apply.

Becoming a public forum for student expression

All student media publications should strive to be a “public forum for student expression” in order to be granted more protection under current free press laws.

Fighting self-censorship

Advisers and students should oppose attempts at both internal and external censorship.

Unnamed sources should be used sparingly

Journalism is based on truth and accuracy. Using unnamed sources risks both of those standards. For that reason, students should seek sources willing to speak on the record.

Transparency

In order to maintain credibility, student reporters and editors should strive to be transparent in all aspects of their reporting. This includes revealing within the text of a story how interviews were obtained (if anything other than an in-person interview is used), giving proper attribution to direct quotes, as well as using indirect quotes to give attribution to ideas and details that come from sources.

Standards for accepting non-staff content

Example: Student media will not accept advertising content that includes profanity, obscenity or nudity (with the exception of baby pictures for the personal ads). The editors reserve the right to edit all copy for style or to refuse an ad on the basis of its content.

s. Study others’ First Amendment climate to better your own

Free expression isn’t always a friendly venture. Oftentimes, the values of free expression can be tested by speech that may make another uncomfortable.

By examining their school’s current free expression climate, students can evaluate what type of community education is needed and act accordingly.

Importance of news literacy

Informed citizens are a crucial part of a democracy. As both producers and consumers of news, student journalists must understand the principles of news literacy.

Student journalism is not public relations

Imagine the American press was only allowed to report on good news. No mention of problems in society, no opportunity to speak out against injustice or corruption — just a relentless stream of positivity with the government overseeing every piece of content. Chilling, right?

Credibility strengthened with use of sources in opinion pieces

Writers should show they have done research and interviews in opinion pieces just as they do in objective reporting.

Doing this provides credibility and authority to their views. It also shows audiences the students are informed on the issue.

FOIA requests

Data your school district keeps for its own information or to report out to the state or federal government is an important resource for journalists.

Diversity is a journalistic must

Student media staffs should reflect the racial, economic, social issue and gender diversity of the schools they represent.

We have the responsibility to ensure administrators see journalism’s value

School administrators can feel tremendous pressure to protect their schools’ reputations, so it’s understandable that they may be wary of supporting a scholastic press where students have final say over all content.

Educating administrators about the value of journalism at the high school level is a crucial step towards empowering student journalists and building a future with more engaged democratic citizens.

Mistakes happen. What matters is how
student journalists handle those mistakes

Students should know when to make corrections and when (if ever) to remove online stories entirely. Minor proofreading errors that don’t impact the meaning of the content don’t require corrections. Once students are aware of a mistake that should be corrected and have fact-checked to be sure it is indeed erroneous, they need to act quickly to help restore their credibility. 

Censorship leads to fake news

JEA strongly rejects both prior review and restraint as tools in the education process and agrees with other national journalism education groups that no valid educational justification exists for prior review of scholastic media.

Prior review and prior restraint of student media content by school officials are weapons in the arsenal of censorship. Not only do they limit student learning and application, but they also restrict student critical thinking and analysis.

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What to tell an administrator who seeks prior review

Posted by on May 12, 2019 in Blog | 0 comments

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The Porn-worker and Bear Creek High School

by Jan Ewell, MJE

The district administration of the Lodi Unified School District demanded prior review of a story the paper was writing about an 18-year old student, estranged from her parents, who was working in the porn industry while finishing her senior year. 

The adviser, Cathi Duffel, and her principal both refused, though they submitted the article to an independent attorney to check for slander or obscenity, two of the exceptions to California’s Education Code, which otherwise grants editorial control to the students. 

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Decision protects students’ rights, since 1943 QT 63

Posted by on Apr 29, 2018 in Blog, Legal issues, Quick Tips, Scholastic Journalism, Teaching | 0 comments

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Quick Hits: Student First Amendment Rights

What, students have rights? Not until 1943 (West Virginia State Board of Education v. Barnette)

Before the Barnette decision, when students came into conflict with public schools, the courts decided their cases—often against the students—without mentioning students’ right. They considered if the punishment was excessive. (Beating with a rawhide strap was okay in 1859.) They also debated if it was the parents’ right or the schools’ right to discipline the students.

The First Amendment was never mentioned.

Gathie and Marie Barnett* were attending Slip Hill Grade School in Charleston, West Virginia when America entered World War II in December, 1941. The school district installed flags in classrooms (replacing pictures of flags) and required all students to salute the flag. The West Virginia State Board of Education passed rules in January, 1942 requiring the flag salute and a recitation of the Pledge of Allegiance, which Congress would formally adopt in June, 1942.

The Barnett family, as Jehovah’s Witnesses, felt saluting the flag was a form of idolatry and a violation of their religion. As Gathie said some 60 years after the case, “We were taught that bowing down to the flag, saluting it, was like a bowing down and giving reverence to it—it was like an idol. So we believe definitely not to worship idols.”

The Supreme Court released its decision in the students’ favor on Flag Day, June 14, 1943.

Justice Robert H. Jackson wrote these memorable words in favor of students’ rights: If there is a fixed star in our constitutional constellation, it is that no official high or petty shall prescribe what shall be orthodox in matters of politics, nationalism, religion or other matters of opinion or force citizens to confess by work or acts their faith therein.”

Though the Supreme Court did not specifically address student press rights until 1988, the Barnette case is essential to student journalists. It restrains public schools from restricting students’ religious rights, the first freedom in the Bill of Rights. It established that students as young as elementary school are protected by the First Amendment.

Justice Jackson wrote, “That we are educating the young for citizenship is reason for scrupulous protection of Constitutional freedoms of the individual, if we are not to strangle the free mind at its source and teach youth to discount important principles of our government as mere platitudes.

*A court clerk misspelled their name as Barnette

Resources:

http://caselaw.findlaw.com/us-supreme-court/319/624.html

https://www.oyez.org/cases/1940-1955/319us624

http://www.splc.org/article/2000/12/west-virginia-state-board-of-ed-v-barnette

Related issues and cases: http://jeasprc.org//?s=barnette&x=0&y=0

 

Read More

Quick Tips index

Posted by on Jan 9, 2018 in Blog, Featured, Law and Ethics, Quick Tips, Scholastic Journalism, Teaching | 0 comments

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A summary of SPRC

Forum status of student media
• If you’re developing a new policy, the Scholastic Press Rights Committee recommends using language something like this:

[Name of publication] is a designated public forum for student expression. Student editors make all content decisions without prior review from school officials.

Prior review v. prior restraint
In brief, the Journalism Education Association has found prior review has no educational value. Instead, JEA believes it is simply the first step toward censorship and fake news. Prior review also contributes to self-censorship and lack of trust between students, advisers and administrators. Prior review conflicts with JEA’s adviser code of ethics.

What should go into an editorial policy? What should not?
Editorial policies are the foundations for your journalism program. Often short, these statements address forum status, who makes final decisions of content and prior review.

Student media policy may be the most important decision you make
Students should understand while they can and should adopt best legal practices and ethical guidelines for their publication, the school district’s or school board’s media policy (if one exists) could impact the legal and ethical decisions of student editors.

What do you do in the event of student faculty death?
It’s important to have a guideline in place before a student or staff member dies. Journalists should report a student or staff death in an objective, consistent manner that has been decided when the staff manual is being revised. Choosing what to publish at the time of any tragedy is not wise and can cause staffs to make choices that create problems in the future.

Balance and objectivity are key to reporting
Balance and objectivity don’t mean isolation and a lack of care about people and their stories.

They do mean trying to report all points of view as best you can and providing background and context for the story.

Free press –– why students should make all decisions of content
For students to prepare themselves for their roles in a democracy, they must be able to practice guarantees of the First Amendment, thus knowing they can make a difference.

Avoid senior quotes; give them to senior class for publishing
The question of using senior quotes in student media came up recently on JEA’s listserv. The Scholastic Press Rights committee would urge schools not to run them, but turn them over too the senior class as part of its responsibility.

Should student media publish senior superlatives?
Publishing senior superlatives, if seniors decide they are worthwhile at all, is one of those “traditions” best moved from student media to those who most clearly benefit – the senior class.

So your student media want to do senior wills?
Because senior wills have minimal journalistic value and great potential for damage, they should not be used in school publications.

The issues with April Fools coverage
April Fool’s issues are fake news and can damage student media’s credibility.

Yes, some find them acceptable, but their negatives far outweigh their positives. The ultimate question is are they worth the risks?

Allowing sources to preview content is ethically questionable
The newest reporter on staff chooses to cover the story about the Science Department’s new policy on studying animal life. To do so, she must interview the head about a new policy on studying animal life. It’s fairly controversial because People for the Ethical Treatment of Animals (PETA) is strongly opposed to dissection and the new curriculum for advanced biology includes that.

What to do if sources, including the expert, want to see the story ahead of time?

Takedown requests: When the right to preserve history conflicts with the desire to forget it
As more student newspapers move to digital platforms, editors and advisers are facing a new and insidious form of post-publication censorship: takedown requests.

The requests usually go something like this: “I was a student at [fill in name] high school [fill in number] years ago, and I was interviewed/wrote a story/was in a photo/made a comment that I regret now. I don’t want this showing up in Google searches. Please remove this story from your site.”

Publishing memes also means knowing copyright rules
Entertainment. Political statements. A way to comment on issues, events, people

And, if not done correctly, says Mark Goodman, Knight Chair in Scholastic Journalism, a way to violate the owner’s copyright. A violation several owners pursued.

Who should be on student media editorial boards, make decisions?
Because student media are productions of student work, only students should be on editorial boards of student media. That would include the general manager and producers of broadcast media.

The importance of staff editorials
Student editors are busy. In addition to leading their staffs, making publication decisions and helping reporters, they are likely also still reporting and creating their own news content — not to mention carrying a full academic high school load.

Covering controversy
Although some administrators would like for students to only publish “positive” stories, a journalist’s job is to watch and report on the school. This may involve students including stories that might make the school “look bad.”

Disturbing images: public’s right to know v. invasion of privacy
A 9-year-old girl, burning from napalm, runs naked down a Vietnam road. A vulture watches a Sudanese child, emaciated from famine, crawl across the ground. Two yellow-clad health workers carry a limp 8-year-old boy who might be infected with Ebola to a treatment facility.

Determine who owns student work before publication begins
Absent a written agreement indicating otherwise, student journalists own the copyright to the works they create. Each media outlet should ensure it has clear policies in place for staff members and the publication that spell out ownership and the right of the publication to use student work

The role of the adviser is multifold, but ethically, practically not a doer
The role of the adviser in student-run media incorporates teacher, coach, counselor, listener and devil’s advocate but not doer. We like the JEA Adviser Code of Ethics as guides for advisers.

That role means letting students make all decisions including content, context and grammar.

How can my school get involved in the New Voices campaign?
Almost a quarter of all states have now passed legislation protecting voice in student media, and instilling the virtues of the First Amendment as state statute for student media. North Dakota’s success in 2015 seemed to spark the latest fire that has seen legislative recognition of student speech in Illinois, Maryland, Vermont and Rhode Island.

Empowering student decision-making
The role of the adviser in student-run media incorporates teacher, coach, counselor, listener and devil’s advocate but not doer. We like the JEA Adviser Code of Ethics as guides for advisers

Responsibility in scholastic media starts with ethics, accuracy, complete story
Administrators may want student media that depicts the school in a positive light, that promotes good news and overlooks the negative.

Is this responsible journalism?

Advisers may want student media that reflects students’ technical proficiency such as mechanics, grammar and style. Little else matters.

Is this responsible journalism?

Decision-making for most student broadcasts protected same as print, online
As more schools expand their journalism programs to include broadcast and radio, it should be clear how Tinker and Hazelwood positively or negatively affect broadcast programs

The answer is: it depends.

If they go out over the broadcast airways, Federal Communications Commission regulations apply.

Muzzle Hazelwood with strong journalism status as an open public forum
Forum concept reinforced by Dean v. Utica Community schools decision

Dealing with unwanted, forced prior review?
JEA historically has opposed prior review of student media by school officials.

That opposition continues.

Prior review leads only to control, active censorship and iis the first step toward the spread of fake news and less than complete disinformation.

What, students have rights?  Since 1943
Before the Barnette decision,when students came into conflict with public schools, the courts decided their cases—often against the students—without mentioning students’ right. They considered if the punishment was excessive (beating with a rawhide strap was okay in 1859). They also debated if it was the parents’ right or the schools’ right to discipline the students. The First Amendment was never mentioned.

Journalism integrity guides student media
As scholastic media advisers and students develop policies and guidelines to guide them with journalism standards, they should note these words: The only thing students have to lose as journalists is their credibility.

Ethical guidelines for monitoring yearbook coverage
Arguably, the two biggest complaints most yearbook staffs hear are that a wide cross section of the school is not covered adequately, and quotes are not represented accurately. These are tough criticisms to hear, but staffs must consider the potential criticism while they create the book.

Equipment purchase does not mean content control
It has long been understood that school purchase of equipment or provision of a room that is not the only factor in who controls the content.

There other factors, including a guiding court decision.

Ethical photo editing, visuals
Student media should avoid electronic manipulation that alters the truth of a photograph unless it is used as art. In that case it should be clearly labeled as a photo illustration.

Academic dishonesty lessens media effectiveness
Dishonesty compromises the integrity and credibility of the student publication. The editorial board and/or adviser should address any instance of academic misconduct immediately

Social media that works in high school classrooms
Social media has had such a profound effect on journalism that it’s sometimes hard to remember how traditional news functioned before it. Reading this 2009 MediaShift article is a powerful reminder that Twitter wasn’t always the source of breaking news. In fact, as author Julie Posetti wrote just eight years ago, “Some employers are either so afraid of the platform or so disdainful about its journalistic potential that they’ve tried to bar their reporters from even accessing Twitter in the workplace.”

Handling online comments
Deciding whether to accept online comments can be a tough decision they can carry a lot of baggage. How to review and verify them? How does refusing to run them affect your forum status?

And that’s only the first decision.

When sources don’t respond
The publication staff will provide every reasonable opportunity for sources to respond to a request for an interview. Students must first attempt to contact the source in person or through an administrative assistant. If the person is not available, they should attempt calling and leaving a message with a request for an in-person interview. If, after 24 hours, the source does not respond to the telephone call, staffers should send an email requesting an in-person interview with a clear deadline by which the staffer will include the line “the source did not respond to an interview request.”

The perks of being a wallflower: How a school district escaped a lawsuit by fostering an independent student press
Because Lexington High School students made all the editorial, business and staffing decisions for both the LHS Yearbook and the school paper, a suit against the district failed. The school’s superintendent, principal, the two publication advisers and the five school members of the school committee escaped unharmed from the suit that alleged they were violating the First and Fourteenth amendments when the school publications refused two ads.

Choosing topics for editorials
The best and most effective staff editorials are those that tackle an important topic and then give audiences a reason and a way to address it.

The importance of staff edits: critical thinking, leadership
Student editors are busy. In addition to leading their staffs, making publication decisions and helping reporters, they are likely also still reporting and creating their own news content — not to mention carrying a full academic high school load.

Given all of these responsibilities, it’s easy to see why writing an unsigned staff editorial might seem a lower priority than getting the next edition to print or finishing that great feature on the new student body president.

What is the process if someone wants to submit a guest commentary
Accepting guest commentaries, offered randomly, reinforces student media’s role as a public forum for student expression.

Letters or commentary can enhance public forum role
Publishing letters to the editor is another way of fulfilling student media’s forum obligations to engage audiences through journalistic responsibility.

That said, students should establish clear criteria for identifying the authors, receiving and verifying the information. Such viewpoint neutral guidelines do not violate the author’s free expression rights.

The process of deciding staff editorials
Keys to effective editorials include focused positions, credible sources and meaningful topics. If the topic is focused on issues and problems, strong editorials include a call to action or possible solutions.

“I wrote that just to get a grade:” Students should write what they believe
To ensure credibility, students should only write opinion stories that represent their beliefs. If, during the research phase, the student changes his or her mind, then the story should be reassigned or the content of the story be altered to reflect the change in view.

Interviewing ‘people on the street’
Four categories of sources exist: experts, authorities, knowledgeable and reactors (sometimes called bozos). The first three should be credible. The last not so much.

Why ask “what do you think about the tax levy?” if the person has no knowledge at all?

Students should ask permission to record before interviews begin and ethical reminders about interviewing
One of those areas easily overlooked is asking for permission to record interviews. Ethically — and in some states legally — students should always ask permission to record an interview.

Make it matter: Scholastic journalism must do more than give facts
How can student journalists keep their publications relevant when information spreads faster than they can report it?

Professional journalists have struggled with this problem for years. Before the advent of the internet and social media, news producers — whether newspaper, radio or broadcast — were citizens’ primary source of information. News consumers found out about terrorist attacks and new government policies when they opened the morning paper or turned on the evening news

Make it matter: Verification essential as journalists seek truth
One key component of every journalist’s ethical code is truth. Given that Oxford Dictionaries named “post-truth” their 2016 word of the year and the president has called venerable traditional news sources “fake news,” getting the facts right is more crucial than ever.

Verifying information is an essential part of the reporting process.

Respecting privacy and public space  important for photographers
Student journalists should never invade the privacy of others while accessing information or photos for a story.

However. it is their journalistic duty to know what constitutes invasion of privacy or what spaces they are legally allowed to access and what spaces they are not legally allowed to access.

Seeking visual truth is just as important as written truth
A reporter working on a story pauses from her transcription. “Hm,” she thinks. “This is a good quote, but my source could have said it so much better. I’ll just change it around and add a bit …”

By this point, responsible student journalists and their advisers are horrified. Of course you can’t change a source’s quote! Our job is to seek truth and report it, not to create fiction.

Consider emotional impact as well as news values when choosing images
When the editors of the Panther Prowler, the student-run school newspaper for Newbury Park High School, decided to write a feature article about teenagers having sex in 2015, they knew it was going to be controversial. The controversy wasn’t just about the content of the article, however — it was also about the image they paired with it, which appeared on the cover of their special edition magazine.

Since the article’s focus was the impact of limited sex education in and out of the classroom, the editors decided to use an iconic sex ed image: a condom on a banana.

Keeping ads and content separate
Student journalists should maintain a wall between promotional/paid content and journalistic content.

That historical wall should remain intact to help reassure audiences the content they receive is as thorough and complete as possible.

As Bill Kovach and Tom Rosenstiel say in The Elements of Journalism, journalists’ first loyalty is to the truth while maintaining an independence from those they report.

Handling controversial ads/content
Student media should not discriminate against advertising based on students’ personal beliefs.

For example, students should attempt to include advertisers from multiple perspectives. According to the federal court decision in Yeo v. Lexington, student editors have the right to reject advertisements and school administrators are not legally responsible for advertising decisions students make.

Handling sponsored content, native ads
Although it is quite possible scholastic media will never face making a decision to run material known as sponsored content or native ads, students and advisers should prepare guidelines just in case.

Sponsored content and native advertising, two media terms for paid materials, are becoming a fact of life for media and consumers. That said, student media, when faced with publishing them, should act carefully and with the best interests of the audience/consumer first.

Ad placement 
Newspapers used to keep in-depth, front page and opinion pages completely separated from advertising.

The thinking was the advertising and promotion of products should not appear to influence a newspaper’s editorial choices. They wanted to keep their most important pages dedicated to the content they deemed most important.

Political ads: Who can place an advertisement
Students make all content decisions, including those related to advertising, and maintain the right to reject any ads.

Student media do not necessarily endorse the products or services offered in advertisements. Students should strive to retain as much control of funds or services obtained from the sale of advertising, subscriptions or other student fundraisers as possible. All businesses should have a street address

Accepting ads from competing organizations
Students who sell ads sometimes hesitate to solicit advertising from competing companies. They sometimes have a loyalty to one of their clients or they believe their clients will be frustrated if their competitor is also advertising in the same publication.

This is a good problem to have. Too many advertisers want to support your publication, and you should encourage a forum for advertising that is as robust as your editorial content

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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