19 journalism groups urge
administrator organizations to disavow
Neshaminy board punishment of paper, adviser and editor
Oct. 13, 1987 marked the U.S. Supreme Court’s hearing the Hazelwood v. Kuhlmeier arguments that ultimately granted administrators the right to control content of high school media in limited situations.
Oct. 13, 2014 marks a time when 19 journalism organizations joined together to urge national groups of administrators and school boards to openly disavow actions of the Neshaminy (Pa.) Board of Education that even went beyond the constraints of Hazelwood in controlling content and punishing student journalists.
“In what we hope will be a watershed event in curing America of the worst excesses of the Hazelwood era,” SPLC executive director Frank LoMonte wrote to the Advisory Committee of the SPLC, “19 of the nation’s leading journalism organizations — including SPJ, JEA, CMA and the American Society of News Editors — co-signed an SPLC-authored letter distributed today to the nation’s leading school-administrator organizations, urging them to distance themselves from and to publicly disavow the retaliatory behavior of school administrators in Neshaminy, Pa., who are punishing student journalists for refusing to use the offensive name of the schools’ mascot.”
The joint statement can be read here.
Part of the statement pointed directly to the Hazelwood decision’s involvement: “This is a level of authority even beyond the outermost limit the Supreme Court recognized in Hazelwood School District v. Kuhlmeier, to say nothing of the fact that Pennsylvania law repudiates the Hazelwood standard.”
JEA’a Press Rights Committee and the SPLC had paired on a statement earlier this month condemning Neshaminy board actions punishing the student paper, the adviser and editor.
JEA also commented on the joint statement.
Read MoreOn news engagement day,
let’s engage others
with news about censorship
Oct. 7 is #newsengagementday, a national event created by AEJMC.
The idea is to encourage everyone to engage with news issues and ideas with students, family and, well, everyone.
National News Engagement Day was created to:
- Raise awareness about the importance of being informed.
- Encourage everyone to engage with news from reading and watching to tweeting and discussing.
- Help people of all ages discover the benefits of news.
- Educate the public about the principles and process of journalism.
- Ensure news engagement does not die out.
JEA has endorsed the idea and urges all to participate.
I know journalism programs do this daily anyway, but let’s take this one step further.
Let’s spend the day spreading the word about the banality of censorship, particularly that kind of destructive practice we have seen at Neshaminy High School, Highlands Regional High School, Fond du Lac High School and numerous others.
Numerous other resources exist for each school, all findable by searching.
Censorship practices at those schools, past and present is newsworthy in itself, but it also blocks students and related communities from experiencing news.
Making censorship and its effects the focus on news, and using the #newsengagementday hashtag to let others know, would be a worthy use of the day.
Read MoreGetting everyone on the side of quality journalism
by Matt Smith, Adviser, Cardinal Columns
Fond du Lac High School
On August 25, the Fond du Lac Board of Education gave the official go-ahead for student publications at Fond du Lac High School to begin the new school year operating under new publication guidelines that scrap last year’s policy of administrative prior review.
The new guidelines are not the end of the journey (the language could be more consistent in designating the paper as a public forum for student expression and would be more protective if it was incorporated more directly into actual school board policy), but they are a huge step forward.
Students will no longer submit their work to the principal for approval prior to publication. They will also have the benefit of the more powerful learning and critical thinking development that comes with taking more responsibility for the quality journalism that they produce. The biggest benefit of all, however, may have come from the mere act of finally getting together all the stakeholders involved to craft the new guidelines.
The fact we got students and teachers and administrators and district staff (and eventually the superintendent and board of education and other community members) talking constructively about the importance and practice of journalism in our school was truly powerful.
Read MoreIn case you missed something we’ve done …
In case you might have missed some of our key projects and materials, here is a quick and easy way to locate them. Materials range from access to the Panic Button to passing free expression legislation in your state.
Application of libel law: Ventura lesson
Application of Libel Law
by Lori Keekley
Description
Students will examine the tenets and defenses of libel while analyzing a recent court case. The lesson spans two days, but could be combined to fit into one day if needed. Students also will examine how the First Amendment plays a role libel law.
Objectives
• Students will learn the basic tenets of libel law
• Students will learn the defenses to a libel claim.
• Students will apply both the tenets of libel and defenses to libel.
Common Core State Standards
• CCSS.ELA-Literacy.RI.9-10.4
Determine the meaning of words and phrases as they are used in a text, including figurative, connotative, and technical meanings; analyze the cumulative impact of specific word choices on meaning and tone (e.g., how the language of a court opinion differs from that of a newspaper).
• CCSS.ELA-Literacy.RI.9-10.8
Delineate and evaluate the argument and specific claims in a text, assessing whether the reasoning is valid and the evidence is relevant and sufficient; identify false statements and fallacious reasoning.
• CCSS.ELA-Literacy.W.9-10.1.a
Introduce precise claim(s), distinguish the claim(s) from alternate or opposing claims, and create an organization that establishes clear relationships among claim(s), counterclaims, reasons, and evidence.
• CCSS.ELA-Literacy.W.9-10.1.e
Provide a concluding statement or section that follows from and supports the argument presented.
Length
100 minutes (two 50-minute classes)
Materials / resources
Article 1: Star Tribune article to be used for the first day of class
Article 2: Star Tribune article to be used for the second day of class
Article 3: Washington Post article, which is for background
SPLC libel info
Lesson step-by-step
Day 1
1. Introduction — 5 minutes
Situation: An author claimed he had a barfight with “Scruffy Face” in a recent book. He later identified the other participant. The “Scruffy” said this alleged fight harmed his reputation. Who do you think would win in a libel suit?
2. Review — 10 minute
Using the SPLC libel information, please have students describe the following terms:
–The four parts of libel according to the Student Press Law Center?
(Publication, Identification, Harm, Fault)
–What are the defenses to a libel claim?
(Consent, Truth, Privilege, Opinion versus Fact)
3. Read article 1 — 10 minutes
While reading the article, ask students to underline the areas they think might be applicable for the prosecution. Ask them to box what would be helpful for the defense. Students should be able to explain their reasoning. Also, ask students to revisit what they decided from the introductory assignment, which opened the class.
4. Debate preparation — 10 minutes
Split the class in half. Assign half to be the prosecution and the other half the defense. They should formulate arguments for their side.
Students should also look at how the First Amendment might apply in this scenario.
5. Debate — 20 minutes
Ask students to debate the case. They should cite the parts of libel law, defensed to libel law and information from the case.
Day 2
1. Introduction — 5 minutes
As students enter, please ask them to write down as many parts of libel law and defenses to libel they can. After a few minutes have passed, ask students to get their notes and add what was missed in a different pen color.
2. Debate recap — 10 minutes
Ask students from the prosecution to reiterate their main points. Make sure they include the terminology they reviewed. After five minutes, switch and ask the defense to do the same. Ask the class to vote on which side they think should win.
3. Read article 2 — 10 minutes
While reading the article, ask students to underline the areas they were surprised about. Students should be able to explain their reasoning. Also, ask students to revisit what they noted at the beginning of class.
4. Read article 3 — 10 minutes
Again, ask students to underline any new information.
5. Small group discussion — 5 minutes
Ask students to share what they noted while reading.
6. Large group discussion — 5 minutes
Have each group report at least three comments they discussed. Comments may not be repeated from group to group.
6. Exit slip assessment — 5 minutes
Ask students to write down as many part of libel law and defenses to libel they can. (No notes, just memory on this.)
Differentiation
If students already are proficient in understanding libel law, this lesson could be condensed to one day.
Beginning students might need more time for understanding libel law — especially if it wasn’t already discussed.
Read More
The Playwickian v. Neshaminy School Board:
What is freedom of the student press
and how does a staff make and defend editorial decisions?
A lesson in freedom
The Playwickian vs. Neshaminy School Board – What is freedom of the student press and how does a staff make and defend editorial decisions?
by Cindi Hyatt
Description
This lesson is intended to promote discussion of what the First Amendment defines as free speech and press. Students need to recognize that the First Amendment is intended to protect but also intended to encourage “debate on public issues … [and should be] … uninhibited, robust, and wide-open.” according to Justice William Brennan’s opinion in New York Times Co. v. Sullivan (1964).
One of these debates currently in discussion concerns the battle between the Neshaminy School District and the student newspaper, The Playwickian, over the use of the word “Redskin.”
Students will read three primary documents, followed by discussion of key questions. After this lesson, students should have a deeper understanding of the First Amendment and the complexities of freedom of the press as it relates to student journalism. They should also be aware of how and why they make their own editorial decisions in their student run media.
Background expectations: Students should have a basic understanding of Tinker, Bethel, Morse (http://www.uscourts.gov/educational-resources/get-involved/constitution-activities/first-amendment/free-speech-school-conduct/facts-case-summary.aspx) and Hazelwood cases (http://www.uscourts.gov/educational-resources/get-informed/supreme-court/landmark-supreme-court-cases-about-students.aspx). Also a handout of the SPLC’s diagram: (http://www.splc.org/pdf/hazdiagram.pdf). Students should be familiar with the language of the First Amendment and the five freedoms (speech, religion, assembly, petition, press).
Key questions to consider:
• Did the principal and school board meet a standard of reasonableness when they chose to restrict school-sponsored expression?
• Can a government or authority force the students to take this position (compel speech)? In other words, should the school district be able to force the student editors to print a term they find offensive?
• Is the restriction of the term “Redskin” infringe upon the rights of other students’ First Amendment rights, preventing the free flow of discourse?
• How has the Playwickian editorial staff exercised its First Amendment rights as student press?
• How would your staff handle a similar situation?
• Would your staff adopt a policy against using the term redskin for the NFL team Washington Redskins? What would that policy look like? (For further reading on this, please click here.)
Objectives
• Students will read texts that address complex First Amendment issues
• Students will recognize that the First Amendment is open to interpretation
• Students will identify and discuss key points regarding free speech
• Students will recognize both points of view
• Students will discuss how they make editorial decisions
• Students will identify if their publication is protected under the Tinker standard.
• Students will determine if their publication is a public forum
• Students will consider drafting a public policy or an addition to an existing policy for publication that will help serve as protection if any future censorship issues arise with administration.
Common Core State Standards
CCSS.ELA-Literacy.RI.9-10.1
Cite strong and thorough textual evidence to support analysis of what the text says explicitly as well as inferences drawn from the text.
CCSS.ELA-Literacy.RI.9-10.8
Delineate and evaluate the argument and specific claims in a text, assessing whether the reasoning is valid and the evidence is relevant and sufficient; identify false statements and fallacious reasoning.
CCSS.ELA-Literacy.SL.11-12.1
Initiate and participate effectively in a range of collaborative discussions (one-on-one, in groups, and teacher-led) with diverse partners on grades 11-12 topics, texts, and issues, building on others’ ideas and expressing their own clearly and persuasively.
CCSS.ELA-Literacy.SL.11-12.1.c
Propel conversations by posing and responding to questions that probe reasoning and evidence; ensure a hearing for a full range of positions on a topic or issue; clarify, verify, or challenge ideas and conclusions; and promote divergent and creative perspectives.
CCSS.ELA-Literacy.SL.11-12.1.d
Respond thoughtfully to diverse perspectives; synthesize comments, claims, and evidence made on all sides of an issue; resolve contradictions when possible; and determine what additional information or research is required to deepen the investigation or complete the task.
Length
135 minutes (three 45-minute lessons)
Days One and Two – Understanding the Neshaminy issue and its connection to the First Amendment’s freedom of the press.
Day Three – Reflecting upon student decision making process regarding freedom as student press and determining if their publication is a public forum.
Materials / resources
Article 1: Playwickian editorial explaining the decision to stop using the word “Redskin”
Article 2: Neshaminy officials could use some schooling
Article 3: Freedom of press belongs to school, not student editors
Lesson step-by-step
Day One
1. Introduction — 5 minutes
Teacher should post or project the First Amendment. Ask students to read through it. What does it mean?
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
2. Brainstorm case review — 5 minutes
Ask students to help brainstorm a list of cases in which the First Amendment has been challenged. Write the cases on the board.
If students have not learned the cases, teacher should provide a brief overview of each.
Ask students how the First Amendment has been challenged in student journalism cases.
3. Large group discussion — 15 minutes
Class should discuss how the First Amendment has been challenged in each of these cases.
4. Reading — 10 minutes
Teacher should pass out the handout on the background of the Neshaminy case.
5. Reporting on reading — 10 minutes
Teacher should ask students to tell you what happened in the Neshaminy case.
Day 2
1. Review — 5 minutes
Ask students to debrief of the specifics of the Neshaminy case. Ask them what links can be made between this one and the cases discussed during the last class.
2. Reading — 15 minutes
Students should have three primary texts about the Neshaminy case. Ask them to make notes about what they think is important while reading. Tell them they will be working through questions when finished.
Pass out the following:
• The actual editorial published in The Playwickian October 2013
• An opinion piece by Karen Heller, Philadelphia Inquirer columnist (in favor of the students)
• An editorial from the Union Bulletin in Walla Walla Washington (supporting the administration)
5. Pair work — 15 minutes
Students should answer questions from the handout in pairs.
Handout on Playwickian editorial.
Handout on Inquirer column.
Handout on Walla Walla editorial.
6. Small group discussion — 10 minutes
Students pairs should join another pair to create groups of four. Then, the group should discuss the answers to the worksheet in small groups. Ask them to turn in one sheet per group of four.
Day 3
1. Review — 5 minutes
Teacher should pass out the sheets the students turned in during the last class. Ask students to rejoin the groups from the previous class and review their answers.
2. Link to student publications — 10 minutes
Students will determine which standard – Tinker or Hazelwood – applies to their publication. They may have to look up state school code to determine this.
3. Checklist evaluation — 10 minutes
In the group of four, students should fill out the checklist to help guide them in discussing how they make decisions as an editorial board and about their responsibilities to their school and community.
4. Debrief — 10 minutes
Teacher should ask students what they found and discuss.
5. Reflection — 5 minutes
Teacher should ask students to discuss how they can make ethical and responsible decisions as a staff regarding controversial or sensitive issues. What examples can each group find?
6. Action — 5 minutes
Teacher should ask students if their policy needs reframing. If so, how would they go about doing so? Students should consider publishing a public policy in their publication. Here is one from Conestoga High in Pennsylvania.
Differentiation
Students could further explore this topic by looking at the link between the Neshaminy situation and the Washington Post refusal to mention “Redskins” on its op ed pages