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FAPFA reminder

Posted by on Oct 24, 2017 in Blog, Legal issues, News, Scholastic Journalism, Teaching | 0 comments

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by John Bowen, MJE
It’s never too late to recognize or reaffirm the  importance of First Amendment practices and policies – and be recognized for it – by applying for this year’s FAPFA award.

Until Dec. 15, that is.

This First Amendment Press Freedom Award recognizes high schools that actively support, teach and protect First Amendment rights and responsibilities of students and teachers. The recognition focuses on student-run media where students make all final decisions of content without prior review.

Roughly, here’s a sample of what the judging committee looks for in determining FAPFA recipients:

  • No prior review or restraint by school faculty for all student media.
  • Student staffers make all final decisions of content for all student media.
  • Establish policies at all student media and school system levels or both as public forums for student expression.
  • Remove Internet filters for student journalism use
  • Students, advisers and administrators agree on First Amendment practices, philosophy and application across platforms.

As in previous years, schools seek FAPFA recognition by first answering questionnaires submitted by an adviser and at least one editor. Those who advance to the next level will be asked to provide separate responses from the principal and all media advisers and student editors, indicating their support of the First Amendment. In addition, semifinalists submit samples of their school and media online or printed policies that show student media applying their freedoms.

Schools recognized as meeting FAPFA criteria will be honored at the opening ceremony of the JEA/NSPA Spring National High School Journalism Convention in San Francisco.

First round applications are due annually before Dec. 15. Downloadable applications for 2018 are available at this link.

Even if your school received the recognition previously, you must re-apply yearly.

This is the 18th year for the award.

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As ETHS administrators tighten the grip,
they may want to heed pastoral advice

Posted by on Oct 20, 2017 in Blog, Legal issues, News, Scholastic Journalism, Teaching | 1 comment

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by Stan Zoller, MJE
I had the opportunity to attend an event that was simply called “We the People:  Making Our Voices Heard.”

It featured an “advocacy resource fair” followed by presentations addressing the “State of Our Democracy.”

The first speaker hit the nail on the head about the event’s importance.

“We are doing what we should be doing.  Citizens of the World need to take responsibility of being good citizenry; we need to consider the state of our democracy because an informed citizenry makes good decisions.”

Bravo.

And who made this statement?

A local politician?  Nope.

An educator or school board member?  Nope.

A community activist with a special agenda? Nope.

An impassioned journalist? Nope.

It was Norval Brown. Wait, let me clarify that – Pastor Norval Brown.

Brown is Pastor at Christ United Methodist Church in Deerfield, Illinois, which hosted the event because it hosts community events on a regular basis.

Attendees were area residents and representatives of various civic organizations such as Common Cause and local chapters of the League of Women Voters.

Unfortunately, there were no school districts or school boards represented.

And this is where I erred. I should have extended an invitation to the Evanston Township High School (ETHS) Board of Education.

It might have learned a thing or two about civic engagement and why it is important our voices be heard – including student voices.

As was reported here Oct. 12, administrators at ETHS saw fit to confiscate and prohibit distribution of the Sept. 22 issue of The Evanstonian, the school newspaper because it had articles on student use of marijuana. Students were also ordered to remove the paper from the Evanstonian website.

To recap, several members of the Evanstonian staff along with myself and a representative from a local community activist organization made statements at a school building. If there was a ray of hope, as noted in my Oct. 12 posting, it was that one School Board member, Jonathan Baum, called for the matter to be discussed in open session at the next School Board meeting, Monday, Oct. 23.

The district released the following statement Thursday, Oct. 12:

Statement Regarding September 22, 2017 Evanstonian Articles

On September 22, 2017, the Evanston Township High School (ETHS) student newspaper published a series of articles under the heading The Pot Thickens… The two-page spread features six articles, including 6 Questions for a Drug Dealer and School Stress Causes Marijuana Usage. Both articles promote illegal conduct that also violates school policy. For example, the Drug Dealer article states that a reason to sell marijuana is to make money, as much as one hundred-sixty dollars per ounce. The School Stress article states that using marijuana makes a student funnier and more confident. The article goes on to state that a “feeling of euphoria and bliss” is caused by a chemical in marijuana.

 Dr. Marcus Campbell, Principal of ETHS, collaborated with the ETHS administrative team and legal counsel in reviewing the published articles. Dr. Campbell determined that the articles glorify both drug use and drug dealing, messages that are detrimental to ETHS students.

The U.S. Constitution and the Illinois Speech Right of Student Journalists Act both provide student journalists with certain rights to speech that ETHS celebrates. Those rights are limited. When student journalism incites unlawful acts, violation of school policy, or disrupts the school, the administration has the authority to impose limits. The articles on September 22, 2017 did cross these lines and were removed from circulation for that reason.

The statement has more holes in it than a Dunkin’ Donuts. To begin, the U.S. Constitution does not address student press rights because, odds are there was no student media when the Constitution was written. But why sweat details.

Secondly, there is an abysmal lack of clarity regarding Illinois’ Speech Rights of Scholastic Journalists Act. As noted in my Oct. 12 posting, there are four restrictions on scholastic journalists. They address libel, unwarranted invasion of privacy, violation of federal or state law and incitement of students to commit an unlawful act. Period.

A third component that is most irritating is the procedures detailed in the statement are not what students said transpired. Principal Marcus Campbell approved the issue before it was distributed. It was not until the next day when English and Reading Department Chair Samone Jones ordered the confiscation.

If there was a meeting with legal counsel students, parents, faculty, staff and the public were not made aware of it.  For good reason. It did not occur until after Jones ordered the confiscation. Odds are it also did not occur until after Oct. 9 School Board meeting because school officials were not expecting the subject be brought to light at a School Board meeting.

The statement shamefully infers students lied to the School Board and Campbell did not approve the paper.

The statement was issued Oct. 12. The next day student staff members met with Campbell and Superintendent Eric Witherspoon. It appears the ETHS administration is flexing its intimidation muscle as students and the adviser appear reluctant to respond to emails.  Why? Perhaps because they have been warned against sharing information and fear retribution.

My sources indicated that during the meeting Witherspoon said the journalism teacher was responsible for teaching what he called “journalistic shortcomings.”  Additionally, sources tell me Witherspoon made it clear the school could decide not to offer journalism and that the school could “yank the paper next year.”

Witherspoon reportedly supported Jones’ action, saying she has the responsibility to represent the whole school, and there must be “journalistic integrity” and the Evanstonian was not their “personal blog.”

Campbell reportedly told students they “could have worked through this.” What he forgot is they cooperated by showing him the edition before it was scheduled to distributed.  By saying it “could have been worked out” is like installing a smoke detector after the fire department has been called.

Efforts are under way to gain additional information using Illinois FOI laws.

In the meantime, it’s not clear who Witherspoon, Campbell, Jones and the rest of the Board are going to listen to because they seem to have their own ideas.

There is, however, one person they should listen to.

Pastor Brown.

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Takedown requests:
when the right to preserve history
conflicts with the desire to forget it QT13

Posted by on Sep 20, 2017 in Blog, Ethical Issues, Legal issues, News, Quick Tips, Scholastic Journalism, Teaching | 0 comments

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Blog by Kristin Taylor

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.”

This hypothetical student may not know it, but her request is part of a much larger conversation about honoring individual privacy versus preserving the historical record. In 2014, Europe’s highest court ruled individuals have a “right to be forgotten” that may supersede the right to preserve and share information via search engines like Google. This court ruling is controversial and would probably not happen in the United States; the First Amendment has strong protections for free speech and press that would likely prevent this kind of revisionism, but that doesn’t stop individuals from wishing they could take back the past.

Lawyer Mike Godwin, creator of the tongue-in-cheek “Godwin’s law,” has “been thinking longer than just about anyone else about why people can sometimes behave awfully on the Internet,” according to the Washington Post. He is skeptical that we have more “right to be forgotten” online than we do in everyday life:

“There’s this fantasy that these people have that they have control over what they say or do online,” Godwin writes. “But if I say ‘I love you’ to someone, I can’t take it back. I have no control over what happens to it after that. Words have effect in the real world that you can’t take back. That’s language’s eerie power.”

[pullquote]“What you see underlying the ‘right to be forgotten’ is the idea that somehow there’s a sense of yourself out in the world that you can draw boundaries around,” Godwin continues. “That, I think, is fantasy. I sympathize with the fantasy. I think it’s a natural human impulse. But the fact is that we’re connected in ways that require us to think profoundly about how we present ourselves. And we’re never going to achieve the kind of control over that that one might want in an ideal world.”[/pullquote]

“What you see underlying the ‘right to be forgotten’ is the idea that somehow there’s a sense of yourself out in the world that you can draw boundaries around,” he continues. “That, I think, is fantasy. I sympathize with the fantasy. I think it’s a natural human impulse. But the fact is that we’re connected in ways that require us to think profoundly about how we present ourselves. And we’re never going to achieve the kind of control over that that one might want in an ideal world.”

On one level, I have sympathy for takedown requests. It’s true that we do a lot of growing in our high school years, and we do things we later regret. You only have to look at the growing number of articles and warnings about your “digital footprint” to realize this is a big issue in the Information Age. Unlike an op-ed published in a printed school paper, which is difficult to track down, an op-ed in an online paper is easily searchable. But so are a person’s social media posts and posts where others have tagged her. Our digital footprint isn’t going away, and part of being a successful 21st century citizen is learning to manage it.

I think we also need to help our students understand it’s all right to change our minds over time. Rather than insisting we have never held any other opinion or never made a mistake, we should embrace how our ideas and perspectives shift as we get older and have more experiences. Isn’t it healthier to acknowledge our past beliefs and mistakes rather than deny them? If a college admissions officer or future employer brings up an op-ed you wrote in high school, why not say, “Yes, I had a very different view back then than I do now. Let me tell you about how and why my viewpoint has changed since then.”

[pullquote]As sympathetic as I am to the impulse to “take it back,” I can’t support revisionist history. Part of the job of journalism is to provide a historical record — a true account of events and people from a point in time. Professional papers certainly won’t erase past articles, whether print or digital, and scholastic publications shouldn’t either except, perhaps, in extraordinary circumstances.​[/pullquote]

As sympathetic as I am to the impulse to “take it back,” I can’t support revisionist history. Part of the job of journalism is to provide a historical record — a true account of events and people from a point in time. Professional papers certainly won’t erase past articles, whether print or digital, and scholastic publications shouldn’t either except, perhaps, in extraordinary circumstances.​

So how should we deal with these requests when they arise? JEA’s Scholastic Press Rights Committee outlines ethical guidelines, staff manual processes and a list of suggestions and resources, one of which is this list of three takedown models for your staff manual. Using these guidelines, I worked with my editors at The Archer School for Girls to craft a takedown policy for our manual that errs on the side of preserving the historical record unless the potential harm to the person making the request outweighs all other factors. This is one possible model staffs could use as they begin to develop their own policies.

Staff Manual Model: Takedown Requests

The Oracle is a digital news source, but it is still part of Archer’s historical record. The Oracle’s primary purpose is to publish the truth, as best we can determine it, and be an accurate record of events and issues from students’ perspectives. Writers and editors use the 11 “Put Up” steps before publication to ensure the validity, newsworthiness and ethics of each article. For these reasons, the editorial board will not take down or edit past articles except in extraordinary circumstances.

If someone requests a takedown, the board will consider the following questions and actions:

  1. Does the content contain libel, inaccurate information, unwarranted invasion of privacy, obscenity or copyright infringement? If so, the editor-in-chief will remove this unprotected speech and add a corrections statement at the end of the article, as per the “Regarding Errors” policy. If, after careful investigation and discussion, the editorial board determines that the article is too heavily saturated with this unprotected speech to maintain, the board may decide to take the article down entirely. The board must come to consensus to make this decision.
  2. Does the content harm the requester so significantly that it outweighs all other factors? The editorial board will investigate this claim and weigh it against the value of an unaltered historical record. The board must come to consensus before taking down an article for this reason.
  3. If the content does not meet either of these extraordinary circumstances, it will remain posted.

Regardless of the outcome, the Editor-in-Chief will respond in writing to the request explaining the board’s action(s) and rationale for the final decision.

 

Guideline: Journalists may be asked to remove online content for any number of reasons. Just because content is unpopular or controversial does not mean a media staff should comply with such requests. When journalists meet their goal of producing consistent, responsible journalism, they likely will choose to leave the content in question online even in the face of criticism.

All media – including student media – provide a historical record of issues, events and comments. As such, content should not be changed unless there are unusual circumstances.

Another alternative to takedown demands would be to create publishing standards we would call Put Up criteria. Train student editors and staffers in why and how something should be published so takedown requests are avoided.

Key point: Source’s remorse, writer’s second-thoughts or other rethinking of existing information accessible to employers, colleges or simply to friends sometimes causes uncomfortable questions for student staffs.

What guidelines should student media staffers adapt or create that fulfills the role of historical-record, forum and source of information?

Stance: We feel there are no quick and easy answers, but plenty of ethical room for discussion and implementation of workable guidelines (not policy) that can withstand the test of time.

Reasoning/suggestions

  • In some cases, student editors may take down a story because they determine the content warrants a one-time exception (such as fabrication or to protect a source).
  • Reporters may elect to do a follow-up story.
  • If student editors choose to remove content, they should publish a note on the site explaining when and why the content was removed.
  • Takedown criteria should be outlined and explained in the staff manual.
  • Create guidelines and procedures to ensure students only post information and images they feel meet standards of responsible journalism: Put Up guidelines.

ResourcesTakedown demands? A roadmap of choices Scholastic Press Rights Committee

Respond to Takedown Demands, Student Press Law Center

Setting Criteria Before the Requests Come, JEA Scholastic Press Rights Committee

10 Steps to a Put-Up Policy, JEA Scholastic Press Rights Committee

Audio: Takedown Requests, JEA Scholastic Press Rights Committee, Press Rights Minute

5 Ways News Organizations Respond to ‘Unpublishing’ Requests, The Poynter Institute

Related: These points and other decisions about mission statement, forum status and editorial policy should be part of a Foundations Package that protects journalistically responsible student expression.

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The issues with April Fools coverage QT 11

Posted by on Sep 15, 2017 in Blog, Ethical Issues, Legal issues, Quick Tips, Scholastic Journalism, Teaching | 0 comments

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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?

As a publication that strives for authentic, storytelling journalism for your community, breaking that convention for a satirical, or even mean, publication is counter to the principles good journalists should strive for. When you break the conventions and principles for which you are known to produce satire, you may be opening yourself up to charges of libel, obscenity, or even disruption. Satire is incredibly hard to do consistently well and correctly, and it is best left to the professionals who have far more protection.

 

Guidelines: April Fools issues have little to no journalistic value and do not advance the brand of student media. As a result, students should not publish an April Fool’s issue.

Question: Are April Fool’s issues and satire worth the risk? What is the journalistic value of publishing April Fools materials?

Key points/action: If your goal is to publish factual stories with impact and significance, then publishing April Fools material and other fake news may not be your priority. To publish information you know is false might lead to other legal and ethical issues, but if your media are designated public forums, that would be your choice and your responsibility.

Students publishing information they know is not true would be well advised to have a good grasp of legal and ethical journalistic standards.

Professionals have mastered the art of satire and comedy as a form of news reporting, but does that mean we should be trying to teach it in high school? Publications like The Onion have shown us satire can tell stories at the same time that they entertain, but can we effectively teach students to master the same skill

Stance: There are no quick and easy absolutes. Students need to balance their free expression rights with their mission and social responsibility to truth, accuracy and verified reporting. School publications put themselves at great risk when they publish April Fool’s issues and/or satire.

Reasoning/suggestions: Publishing something knowingly false raises significant legal issues of libel and malice and the newly concerning fake news plague. Decisions to choose a path that brings your student media into conflict with serious legal and ethical issues would have to fulfill essential media missions and goals.

Professional publications engaging in satire do so with a clear brand. Most of the public clearly recognizes the convention of the medium, and that gives it much more protection. Your student publication does not have the same brand.

As a publication that strives for authentic, storytelling journalism from your community, breaking that convention for a satirical publication is counter to the principles good journalists should strive for. When you break the conventions and principles for which you are known to produce satire, you may open yourselves to charges of libel, obscenity or even disruption. Satire is incredibly hard to do consistently well and correctly, and it is best left to the professionals who have far more protection.
Resources:

April Fools’ negatives outweigh positives, usually don’t fulfill techniques of satire

And now for something…untrue

Publishing satire

SPLC article: The joke is on these college editors — offensive April Fools humor can backfire badly

Related: These points and other decisions about mission statement, forum status and editorial policy should be part of a Foundations Package  that protects journalistically responsible student expression.

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So your student media
want to do senior wills? QT10

Posted by on Sep 13, 2017 in Blog, Ethical Issues, Legal issues, Quick Tips, Scholastic Journalism, Teaching | 0 comments

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Because senior wills have minimal journalistic value and great potential for damage, they should not be used in school publications.

Seniors wills have been dying a slow death in high school yearbooks. Yes, students love them, but can we defend them as a journalistic device? Do they represent the best of our work, and the most creative way to tell the stories of students in our schools?

Publishing something information not related to all students and which creates significant issues of review might have harsher outcomes than foreseen. Passing Senior Wills off to the senior class for publication might be a workable solution to solving a clash between professional standards and meeting student desires.

 

Guideline: Because senior wills have minimal journalistic value and great potential for damage, they should not be used in school publications.

Question: What is the journalistic value in publishing senior wills?

Key points/action: Seniors wills have been dying a slow death in high school yearbooks. Yes, students love them, but can we defend them as a journalistic device? Do they represent the best of our work, and the most creative way to tell the stories of students in our schools?

Stance: Students need to balance their free expression rights with their mission and social responsibility to truth, accuracy and verified reporting. Senior wills should be taken out of your yearbooks and replaced with better ways of telling student stories.

Reasoning/suggestions: Publishing something information not related to all students and which creates significant issues of review might have harsher outcomes than foreseen. Passing Senior Wills off to the senior class for publication might be a workable solution to solving a clash between professional standards and meeting student desires.

Senior wills are a vestige of the past and serve little purpose in advancing the stories of the school year. When you allow senior wills, you are inviting others to create content for the product which has your name behind it. You lose control of the message and invite students the opportunity to include inside jokes, Libel, innuendo or other messages which may harm other students in your school. Content could slip in that covertly bullies or harms members of your community, and you would be responsible for it.

Resources: Winner of ‘worst reputation’ award sues Ind. High school over comments in newspaper

Related: These points and other decisions about mission statement, forum status and editorial policy should be part of a Foundations Package  that protects journalistically responsible student expression.

 

 

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The role of the adviser is multifold, but ethically, practically, not a doer QT20

Posted by on Sep 3, 2017 in Blog, Ethical Issues, Legal issues, Quick Tips, Scholastic Journalism, Teaching | 0 comments

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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.

One way advisers can help this process is by having a staff manual inclusive of the student media mission statement, policies, guidelines and procedures. The mission statement outlines the overall aim of the student media. Policies are either the board-level or media-level and state the functionality of the student press. Guidelines are the ethical components the student media will work with. The procedures and resources for students to learn how to do something

 

Guidelines

As per the board-level or media-level policy, students should be empowered to make all content decisions for student media.

Key points/action

If the term “student media” is to have meaning, then the role of the adviser should be just what it says: advise.

The role of the adviser in student-run media incorporates teacher, coach, counselor, listener and devil’s advocate but not doer.

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

Stance

Students learn best when they are empowered to make their own decisions with support from the adviser on the sideline. A clear understanding of the adviser’s role helps students take ownership of their work and the program overall.

Reasoning/suggestions:
To help teachers and advisers understand this role more completely, we recommend the JEA Adviser Code of Ethics as a starting point. We also recommend inclusion of a statement on the role of the adviser by noting the adviser code and a statement that students make all decisions of content. Advisers should advise and ask questions to help the students examine the issue from multiple perspectives and concerns.

One way advisers can help this process is by having a staff manual inclusive of the student media mission statement, policies, guidelines and procedures. The mission statement outlines the overall aim of the student media. Policies are either the board-level or media-level and state the functionality of the student press. Guidelines are the ethical components the student media will work with. The procedures and resources for students to learn how to do something.

If students know (or can look at what to do) what By already establishing these prior to a problem happening, it’s easier to see what to do when something does happen. (And, it will.) These policies, guidelines and procedures should function as a reference and be complete (preferably) prior to the problem happening. This helps the students (and adviser) work through issues if they do happen.
ResourcesAdviser responsibility

Related: These points and other decisions about mission statement, forum status and editorial policy should be part of a Foundations Package  that protects journalistically responsible student expression.

Teaching grit for citizenship — why we must empower, not shield students (related SPRC blog).

 

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