Introduction to 2016 Constitution Day materials … and more
Constitution Day lessons, activities and related materials
In preparation for Constitution Day 2016, several members of the Scholastic Press Rights Committee (SPRC), a committee of the Journalism Education Association, created lesson plans specific for the event.
We suggest celebrating Sept. 16 since the official Constitution Day is Saturday this year.
We created these lessons to help celebrate the Constitution and Bill of Rights, as mandated by Congress. Legislation requires schools to offer lessons on the Constitution and how it affects all Americans. Our lesson plans emphasize the First Amendment and particularly the freedoms of speech and the press.
[pullquote]Keep reading. There are more special offers at the end of the CD Day materials.[/pullquote]
Please contact me if you have any questions or feedback about the lessons or how to implement them.
The SPRC works to provide information and resources on legal and ethical issues to journalism students, teachers and administrators. SPRC members also work to promote the First Amendment rights of students across the nation.
Lessons:
• Students will examine the gray area between political correctness and free speech through peer discussion and real-world examples. Students will explore several topics in small groups followed by a large-group discussion. By Matt Smith
• Since media organizations have moved to online formats, they have struggled with the practice of hosting online comments next to their content. Many news organizations require posters to meet specific standards, moderate the comments, and reserve the right to remove or delete comments and users. Some organizations even require each post be approved by a human before it can be live on their sites. More recently, NPR is the latest news organization to completely remove comments from its news sites. Students will explore the question whether the ability to comment on news stories creates a more or less informed culture. By Jeff Kocur
• Students will design ethical guidelines they can use this fall and in later coverage (reporting and viewpoint) of elections, candidates and issues. They will examine the comprehensiveness election reporting and how students can go about building robust election coverage. The lesson also examines how students can apply ethical principles to this coverage. By John Bowen
• Sometimes politicians misconstrue facts during debates and political ads. This lesson examines the “truthiness” of the ads running currently. Students will analyze one from the Democratic and one from the Republican party. Students could look at a TV ad, online ad or print ad. By Lori Keekley
To see past years’ lessons, go here. Also has links to previous years.
Please send any feedback to keekley@gmail.com. I’d love to hear from you!
Lori Keekley
For JEA’s Scholastic Press Rights Committee and the Constitution Day Committee
Constitution Day Committee
John Bowen, MJE, Kent State University (OH)
Lori Keekley, MJE, St. Louis Park High School (MN)
Jeff Kocur, CJE, Hopkins High School (MN)
Matt Smith, Fond du Lac (WI)
And we’re not done yet.
Additionally, we are reintroducing the Making a Difference Campaign.
This campaign will highlight at least one piece of student work each month to help illustrate how students can make a difference through their coverage.
The first Making a Difference in 1988 showed how students reported the impact of the Hazelwood decision.
These are examples of student media that had an impact on the community or school where they were produced. They can be print, digital, video or audio.
On Constitution Day, we’ll release the link to the submission form and explain the process.
SPRC members will select student work that made a difference, post it on jeasprc.org and promote it on Facebook, Twitter and other social media. Let others see the work you have created. When you have something to contribute, please send it to us!
Wait, Wait. There’s more…
• Because two states, Illinois and Maryland, passed legislation over the summer and others are poised to do the same, the SPRC created a packet for helping communities of all kinds understand the importance of that legislation. The Student Free Expression Package will be released later in the week, but some of its main points are outlined below:
Contents for this package:
- Importance of state legislation: Although many educators and advocates think of the First Amendment (and the court decisions interpreting it) as the most important tool for interpreting student press rights, there is another equally important source of law: state statutes.
- Why protecting student free expression is important: Students and advisers in states with recent freedom of expression legislation may want to inform their communities of educational rationale for the legislation. Additionally, those states working to pass such legislation might want to use the same points to gain support
- Talking Points: With legislation giving students decision-making power over their student media comes questions about roles, purpose and standards. If the school cannot make content decisions who is responsible? What is the role of the adviser? Of students? If the adviser cannot control content, what guidelines will students follow and why?
- Tips for engaging communities: With new legislation, or attempts to pass it, comes the need for ways to engage those who would support it. The ways can run from concept to concrete and can be delivered in many approaches with details determined locally.
- Legislation terminology: A compilation of important terminology so everyone can better understand the language and issues surrounding student free expression language.
- What to do if school officials threaten censorship: Even though state legislation can provide protection, sometimes others do not understand that and need further education. Use a friendly and informative approach and help them understand. Here are some steps we recommend.
- Sample press release on state legislation: Another option for letting your various communities know about the benefits of free expression legislation is to create a press release to media, civic groups, school board and others.
- Resources on state legislation: Links to additional information and contacts
And, as a special bonus…
• An important part of JEA’s supports for free expression rights for student journalists is the First Amendment Press Freedom Award.
In its 17th year, the 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.
The award comes in two steps, with Round 1 due before Dec. 1. The entry form and entry information can be obtained here.
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Talking Points about student free expression
Talking Points and terminology related to free expression legislation
With legislation giving students decision-making power over their student media comes questions about roles, purpose and standards. If the school cannot make content decisions who is responsible? What is the role of the adviser? Of students? If the adviser cannot control content, what guidelines will students follow and why?
The Student Press Law Center has said its goal for supporting free expression legislation is to approach the various New Voices Acts as comprehensive educational legislation that will benefit students at each stage of their development, while recognizing the differences between each educational environment.
[pullquote]“A core value of being a journalist is to understand the role of the press in a free society. That role is to provide an independent source of information so that a citizen can make informed decisions. It is often the case that this core value of journalistic independence requires a journalist to question authority rather than side with authority. Thus, if the role of the press in a democratic society is to have any value, all journalists – including student journalists – must be allowed to publish viewpoints contrary to those of state authorities without intervention or censorship by the authorities themselves. Without protection, the freedoms of speech and press are meaningless and the press becomes a mere channel for official thought.”
– Judge Arthur Tarnow, Dean v. Utica Community Schools[/pullquote]
The Talking Points below, and the other materials in this package, might help clarify the importance of legislation protecting free speech and what the various terms – legal and educational – mean.
Points are used with permission from the Student Press Law Center, the Journalism Education Association’s Scholastic Press Rights Committee and JEA’s Principals and the Press initiative.
Talking points
• What do you mean that state legislation rolls back Hazelwood? Isn’t that illegal?
State legislation trumps Hazelwood because it adds to Constitutional guarantees of the First Amendment for all citizens, including students. In effect, it restores Tinker by rolling back Hazelwood.
A student editor of a school-sponsored publication in a state with these laws is entitled to both the protection of The First Amendment and the protection of the state law. To put it another way, Hazelwood establishes the minimum level of high school press freedom that the First Amendment requires. No government official — federal, state or local — may act in a way, nor may lawmakers pass a law or policy, that provides individuals with less free speech protection than that required by the First Amendment, as interpreted in Hazelwood. Nothing, however, prevents state lawmakers from passing a law that requires school and government officials in their state to provide student journalists with more rights than the constitution requires.
• Aren’t the reasons for censorship in Hazelwood still censorable under this new legislation?
No. This legislation reverts to Tinker standards and unprotected speech: libel, material and substantial disruption, unwarranted invasion of privacy and obscenity.
• What are free and journalistically responsible student media?
Responsible student journalists strive for accuracy, completeness and balance to achieve and maintain credibility. The new legislation gives them a greater chance to achieve this practice.
Responsible scholastic journalists thoroughly gather and deliver coherent, accurate and complete content that serves their audience and its need to know – no matter what media platform they use.
Responsible students avoid unprotected speech — libel, unwarranted invasion of privacy, copyright infringement and obscenity – and language that causes a material and substantial disruption of the school day or advocates illegal use of drugs.
Students learn to pursue and act on those standards by making final decisions of content, without review or restraint by adviser or those outside the student media staff.
Administrators can improve their schools’ learning environment by providing open access to information and the freedom to choose topics and sources essential to communities’ various audiences. Responsible administrators empower their teachers to educate students on legal and ethical responsibilities, making prior review and censorship counterproductive and unnecessary.
As Bill Kovach and Tom Rosenstiel say in “The Elements of Journalism,” journalists’ first responsibility is to the truth, and their loyalty is to the citizens they report for.
“Journalism provides something unique to a culture,” the authors write. “Independent, reliable, accurate and comprehensive information citizens require to be free.”
• What if the school has existing policy and school administrators say the law does not apply to existing policy?
New legislation would likely win out over existing policy if the policy were contrary to the wording and intent of the legislation. Prior review, however, might still be allowed so long as administrators or school officials just reviewed and did not demand change or make changes. Prior review, though, would have to be severely limited in terms of time. Read and return by the end of the school day is reasonable.
The SPLC’s Frank LoMonte said, “The (Illinois) legislation doesn’t say speech can be prohibited if the speech violates school policies – it says you can prohibit speech that incites students to violate district policies. I’m sure what they had in mind was stuff that incites people to violate disciplinary rules (truancy, tardiness) that are not actually ‘illegal.’” If a school were to ever actually say, ‘We have a school policy against criticizing the principal’ and tried to override HB 5902 on those grounds, we would gladly challenge it.
• What happens if an adviser is ill-prepared to properly guide students to make the “right” content choices?
We would urge advisers to make use of the myriad of materials available to them from multiple sources. The Student Press Law Center, The Freedom Forum, the national and regional scholastic press associations and the Journalism Education Association all have teaching and background resources. The Scholastic Press Rights Committee also urges advisers to work with students to design a journalistically and educationally sound mission statement for student media, an editorial policy designating student media as public forums, journalistically responsible ethical guidelines that have clear processes students will follow.
All this is not just adviser and student responsibility. School boards and administrators also have an obligation to ensure advisers have adequate access to teaching materials and educational opportunities, including professional organization membership and workshops for teacher/adviser and students.
The reason we have professional organizations like JEA is to better prepare teachers, who may not be trained in journalism, for this important work. Just as some coaches may not have formal training to coach, student media advisers sometimes must learn on the job. This is not a reason to deny students the opportunity to have their voices heard by imposing administrative control over content, which only suppresses critical thinking and halts civic engagement; rather, it is a reason to encourage excellence and to support student responsibility by providing access to resources and training.
• How much is this going to cost schools?
Absolutely nothing. In fact, it might save districts money in the long run by protecting them from legal liability.
• Why shouldn’t students be subject to censorship? After all, commercial journalists are subject to editing.
Editors of commercial media news are not employed by the government; the work they edit is work-for-hire. Student journalists are not employed by the school. School administrators are, in fact, government officials. The First Amendment was crafted to protect U.S. citizens from government censorship. Student speech is protected by the First Amendment, as long as it is lawful and does not cause a “substantial disruption” of the educational process.
The Student Press Law Center provides the legal definition of what is considered, by law, to be “unprotected speech.”
Commercial journalists do not seek permission from their primary sources to publish information and, in fact, have a longstanding tradition of not letting sources see stories before publication. Administrators are primary sources for student journalists. The temptation to censor can be irresistible for administrators, especially in cases when they do not agree with the subject matter or fear that content might reflect poorly on them and their schools.
• Why should we limit the censorship authority of administrators over student media produced on school time with school resources?
Allowing genuine student media outlets that provide students with a meaningful voice on issues that truly matter to them can be a threatening idea to those used to controlling the message. However, we have a First Amendment because, as a nation, we decided that free and independent media play a vital role in our democracy – even if they sometimes are messier than state-controlled media. The fact that student media is produced using school resources does not empower administrators to dictate content. Advisers and administrators are responsible for teaching students so they can make informed content choices.
Fortunately, a number of administrators don’t look upon their student media as adversaries or threats. Instead, they view independent student media as important school assets. They see the value in providing students with forums to express their concerns, and recognize the educational opportunities provided by strong, well-supported student journalism programs.
• Are schools liable for content in student media?
There has never been a reported court decision where a public school or school district has been held legally responsible for content in student media. This legislation ensures that school districts and school administrators are protected from lawsuits. With this law, students would be legally responsible for content in their media – not school officials or school departments.
• Does this legislation give students the right to publish whatever they want?
No. This law does not protect unlawful speech – the same categories of speech that every journalist must avoid (libel, material that invades a person’s legal right to privacy, obscenity as to minors, etc.). The law also imposes an additional category of speech restriction specific to schools: High school students cannot publish speech that would materially and substantially disrupt normal school activities. This establishes a meaningful balance between administrative authority to maintain a safe and effective learning environment and student free speech rights.
• What about the questionable stories published in student media?
Such incidents have occurred, but they are certainly the exception rather than the rule. The majority of student media outlets practice journalism in a responsible manner.
The ability to cover important issues without censorship, promotes a safe and healthy school environment. Students don’t just complain about the cafeteria food. They confront real issues, especially those which are relevant to teens. While it may make administrators uncomfortable, students often cite real safety concerns in their schools. They may cite the need for repairs that have been ignored, especially those that are outside the public view to which students have access, such as locker rooms, student bathrooms and most classrooms. They often bring about change as a result of their vigilance, courage and honesty. The greater good of the students and staff superaedes the reluctance of administrators to hide the truth. They need to be held accountable by the public for not securing a facility properly. Often, board of education members will discover something that they all have read only in the school newspaper, and will investigate the matter once the conditions are exposed.
• What effects do free student media have on the school climate?
School communities need and deserve stories that reflect the authentic student experience. Giving students a voice actually can help guard against disruptive and potentially dangerous behavior by shedding light on issues of concern and empowering the powerless. In fact, coverage of sensitive and important issues often can effect positive change.
• Is there anything, legally, student journalists cannot print?
Yes. The First Amendment does not cover all forms of speech. According to the First Amendment Center, there are essentially nine types of unprotected speech: obscenity, fighting words, defamation (includes libel, slander), child pornography, perjury, blackmail, incitement to imminent lawless action, true threats, solicitations to commit crimes. For more information, click here.
• What does research report about student learning when they control student media?
A 2015 survey of more than 900 Kansas and Missouri high school journalists indicated students felt more confident about being an engaged and productive citizen where:
• School support of First Amendment protection empowers students
• Faculty and students respect and listen to each other fosters civic journalism
• Lighter teacher control yields greater student confidence
• More practice and experience creates confidence in promoting their involvement
• This matters because empowered student journalists said they felt they would be more critically involved in citizenship responsibilities.
Study results can be found at civicsandjournalists.org
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Free expression sample press release
Sample press release
Another option for letting your various communities know about the benefits of free expression legislation is to create a press release to media, civic groups, school board and others.
Rather than trying to create a cookie-cutter press release version, we thought we would create a model sample where points from our legislative package and its resources could be melded into local comments and philosophy. The outline below is only a shell to which you and students can add specific approaches and activities and principles.
Such a press release is designed to inform your communities about the legislation and its importance.
FOR IMMEDIATE RELEASE
Date
Contact:
Your Name
School
Phone
Email
Headline to fit your situation
Seize the day.
Make a Difference.
State legislation that promises student freedom of expression can help student journalists achieve that goal because of the educational, civic and journalistic responsibility it offers.
__________ (state name) just passed such a law and (add local information here. If in Illinois or Maryland, place a graph of two about the state legislation and effort and what it means. If attempting to pass legislation, focus on points how it will help education and civic engagement)
Information generated in student media where students practice what they have been taught, as protected by this legislation, will showcase the quality of the mission, policies and ethical guidelines of journalistically responsible students.
This legislation allows our journalism programs to train students who:
- Make all final decisions of content
- Practice civic and social responsibility
- Present complete, thorough and accurate stories in context
(Quote from adviser, state journalism or legislative officials, etc.)
As journalists and journalism educators, we will do everything we can to present stories that are accurate, complete and thorough. We will inform our news consumers in a way that is not only transparent, but also independent and without bias using multiple sources.
(Talk here about how you and your students will carry out your program using editorial policy, ethical guidelines and journalistic responsibility.)
We will engage our audiences not only in the practice of journalism, but in civic activities that make a difference. (Perhaps provide examples.)
(Another local quote…)
Journalists Bill Kovach and Tom Rosenstiel, authors of The Elements of Journalism and Blur, would put it this way: Journalism is storytelling with a purpose. That purpose is to provide people with information they need to understand the world. The first challenge is finding information that people need to live their lives. The second is to make it meaningful, relevant, and engaging.
In a time when information abounds, although not all credible, when political speeches are fact-checked regularly and multiple sources of information are necessary to make sense of news, legislation for free student expression will aid all involved.
Here are some ways how:
For more specific details and information of the importance of such legislation please go to XXXXXXX and XXXXXX
For more information…..
(signatures)
Read MoreStudent free expression resources
- Comments from an administrator on the importance of student free expression
- SPRC Foundations package (mission, policy, ethics, manual)
- JEA Adviser Code of Ethics
- Press Rights Minute
- Seeking to cure the Hazelwood Blues
- Constitution Day lessons and activities
What to do if school officials
threaten censorship after legislation
What to do if school officials threaten censorship
Even though state legislation can provide protection, sometimes others do not understand that and need further education. Use a friendly and informative approach and help them understand. Here are some steps we recommend.
- Share a copy of the law and explain the language and meanings in educational civic and legal terms and benefits to the various communities.
- Use your Talking Points, bill terminology and other supportive arguments to emphasize key points and arguments for student free expression.
- Ask challengers to state their specific arguments in writing so you can respond
- Contact SPLC, use the SPRC Panic Button for legal, ethical and educational advice and support.
- Contact the legislators who proposed the bill and seek their involvement.
- Respond to challengers’ arguments with logical and documented points and seek further time for discussion.
- Contact additional legal and educational sources for support and resources.
- Share print and online resources like New Voices Facebook pages.
- Keep the dialogue meaningful.
- Invite questioners to journalism meetings, including editorial board meetings, so they can see how student decision-making works.
If the educational approach does not seem to work, try other approaches.
- As necessary, share the story of the censorship and legislative background with local and state media. Ideally, you have already shared information and explanation about the legislation with media after it passed
- Enlist community and parental booster groups of your student media for their active intervention
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State legislation provides additional protections for student expression
by Mark Goodman
Although many educators and advocates think of the First Amendment (and the court decisions interpreting it) as the most important tool for interpreting student press rights, there is another equally important source of law: state statutes.
As of September 2016, 10 state legislatures have enacted statutory protections for high school students’ free expression rights that help define the protections for and limitations on student journalists. These state laws are considered a complement to the U.S. Constitution; they provide protections that are in addition to those in the First Amendment. For that reason, school officials, teachers and student journalists must be sure that their actions comply with both the Constitution and the state law.
[pullquote]These state laws are considered a complement to the U.S. Constitution; they provide protections that are in addition to those in the First Amendment. For that reason, school officials, teachers and student journalists must be sure that their actions comply with both the Constitution and the state law.[/pullquote]
None of the 10 existing state laws are optional. Public school officials (and even private school officials in California) are legally required to follow their provisions if they are in a state where such a law exists. Thus everyone involved in scholastic journalism from the school administration down should seek a basic understanding of the specifics of their state law.
Student journalists need to understand the extent of the protections they have under state law because those protections may be greater than students in states without such statutes. Advisers and teachers need to be able to teach that information to their students in the classroom and the newsroom. Administrators need to understand that the rules their counterparts in other parts of the country follow relating to censorship of student media may not apply in their state. And communities need to know that they are part of the process as well, supporting both educators and journalists when they follow the law.
[pullquote]Everyone involved in scholastic journalism from the school administration down should seek a basic understanding of the specifics of their state law.[/pullquote]
State student free expression laws are an important way for states to define educational policy. All involved with scholastic journalism should make understanding their own state law a priority
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