Journalists shouldn’t be ‘pawn in game of life’
by Stan Zoller, MJE
A classic scene from Mel Brooks’ classic, “Blazing Saddles,” is when the ox-riding Neanderthal, Mongo, played by the late Alex Karras, professes to Bart the Sheriff, played by the late Cleavon Little, that “Mongo only pawn in game of life.”
It’s a funny scene, but when you apply the “pawn in the game of life” scenario to scholastic journalism, it loses its humor.
This appears to be the case with the student journalists on the staff of the Evasntonian, the student newspaper at Evanston (Illinois) Township High School.
After the Sept. 22 paper was confiscated by the English Department chairman, reportedly because of a spread students did on student-use of marijuana, questions began to emerge as to why the department chair took the action even though Principal Marcus Campbell knew of the spread. In emails obtained under the Illinois Freedom of Information Act, Campbell told some colleagues that “you may get questions, but state law prohibits school administrators from censuring student publications” (sic).
At face value there is reason to be optimistic, albeit a little, on two fronts. The first is that an administrator knows about Illinois’ recently enacted New Voices law, and secondly, he has indicated he’s not going to challenge it.
So why would a subordinate, in this case the English Department chair, over rule him? Good question.
Several sources have told me there are long-standing differences of opinion between the department chair and the adviser and, so it seems she wanted the last word, even it meant usurping the authority of principal.
The perceived personality issue spilled over to the Board of Education, which on Oct. 9 heard from student journalists and representatives of various community organizations. As previously reported on this site, one school board member called for a discussion during open session at the next school board meeting, Nov. 13.
No big deal. However, following a FOI request requesting emails about the Evanstonian situation, the Nov. 13 School Board meeting was highlighted by a 45-minute ripping of the Board member for emailing student journalists and the adviser.
While the terse and unprecedented exchange was the focus of the meeting, what was lost was the resolution of the Evanstonian situation.
According to one of the paper’s student editors, after a meeting with the superintendent, principal and department chair, it was determined that questions relating to the publication would be handled by the principal. According to one student editor, he does not plan to regulate or manipulate the publication’s content. Hopefully he’ll be more proactive.
So, what lies ahead? A lot of monitoring. With the adviser retiring this year, the door is, unfortunately, wide open for the administration to morph the program into its own image by setting strict guidelines for the new adviser.
It will be imperative, albeit a challenge, for journalism educators in the Chicago area to work with the new adviser, perhaps as a JEA mentor, or perhaps through membership in the Illinois Journalism Education Association (IJEA).
No matter what level of experience the new adviser will have, she will need to be well versed on Illinois Public Act 99-0678, the Speech Rights of Scholastic Journalists Act.
The need is simple – to ensure a free and responsible student media at the school – and to keep the student journalists from once again being pawns.
Read MoreEquipment purchase does not mean content control QT30
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.
According to Antonelli v. Hammond, “We are well beyond the belief that any manner of state regulation is permissible simply because it involves an activity which is a part of the university structure and is financed with funds controlled by the administration. The state is not necessarily the unrestrained master of what it creates and fosters.”
Even though that was about a college situation, it is applicable to student media that receive state or federal funds for their student media.
Policy and Guidelines
Students in designated forums for student expression control content decisions for their student media regardless of who bought the equipment.
Question: When and why should student media take down content, in print or online?
Key points/action: Simply put, state/government involvement in providing funding and facilities for student media does not give content control.
Guidance comes from a college case, Antonelli v. Hammond, 308 F, Supp. 1329 (D. Mass, 1970).
Stance: Advisers and student staffs need to understand and make others aware of this point, even adding it to editorial policies if applicable.
Reasoning/suggestions: According to the decision, “We are well beyond the belief that any manner of state regulation is permissible simply because it involves an activity which is a part of the university structure and is financed with funds controlled by the administration. The state is not necessarily the unrestrained master of what it creates and fosters.”
Resources: Antonelli v. Hammond, 308 F, Supp. 1329 (D. Mass, 1970). Print reference is also available on page 40 of the red edition of Law of the Student Press.
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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Publishing memes also means
knowing copyright rules QT14
Memes.
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.
If it’s not considered fair use, student media could be sued for copyright infringement or receive a letter demanding payment for use of the copyrighted work.
There is not much precedent about the use of memes and whether they are considered a fair use under copyright law.
That is the ultimate question.
If students comment on the meme itself, their use is probably going to be considered a fair use and it should be fine. Attribution is ethically appropriate but it’s not legally required.
On the other hand, if students use the meme because it illustrates something they want to say and they’re not engaged in some commentary about the original copyright work, it wouldn’t be a fair use, even if you attribute it. And in either case, attribution isn’t really a factor. Attributing a work to its source doesn’t avoid a copyright infringement claim.
Guideline and policy
Although most copyright owners might not complain about the use of their work in a meme, some have pursued payment from individuals who used their images without permission.
Being careful is wise.
Key points/action: There is not much precedent about the use of memes and whether they are considered a fair use under copyright law. That is the ultimate question.
If it’s not considered fair use, you could be sued for copyright infringement or receive a letter demanding payment for use of the copyrighted work.
Stance: If your students are commenting on the meme itself, their use is probably going to be considered a fair use and it should be fine. Attribution is ethically appropriate but it’s not legally required.
Reasoning/suggestions: On the other hand, if your students are using the meme because it illustrates something they want to say and they’re not engaged in some commentary about the original copyright work, it wouldn’t be a fair use, even if you attribute it. And in either case, attribution isn’t really a factor. Attributing a work to its source doesn’t avoid a copyright infringement claim.
Another potential copyright concern is with video dubs. Although a common event in some schools, video dubs need to be handled with legal and ethical care. It is essential, if the product is to go on the web, it is essential to follow all copyright requirements.
Guidelines for these may be found here.
Student media set a strong model for others to follow, so it is incumbent on them to follow copyright laws and ethical guidelines.
Resources: Mark Goodman, Knight Chair in Scholastic Journalism, Kent State University, September 2017.
How copyright is killing your favorite memes
Read my lips: Students should exercise caution when producing lip sync videos
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.
Read More
Determine who owns student work
before publication starts QT19
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
Deciding who owns content of student media should be an important decision for all platforms and programs. Contained within that decision are implications for the forum concept, how content can be used and by whom, and how staffs handle takedown demands.
Guidelines: 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.
Question: Who owns the content of student media and why should this be a concern?
Stance: Advisers have asked questions about who should own the content of student media, what the possible options are and what steps are involved in the decision-making process.
Deciding who owns content of student media should be an important decision for all platforms and programs. Contained within that decision are implications for the forum concept, how content can be used and by whom, and how staffs handle takedown demands.
Reasoning/suggestions: Students, with input from advisers, should pick a solution that best fits their situation. The choices are students own rights to content with granting access to student media for its use or student media owns the content with access rights to students.
For multiple reasons, it is not a good idea to have the school own student media content.
Student media staffs should use suggested guidelines from the Journalism Education Association Scholastic Press Rights Committee and the Student Press Law Center to craft an ownership statement suitable for their program.
Resources: Who owns student-produced content? Scholastic Press Rights Committee
Back to School: Who Owns What?, Student Press Law Center
Contribution to Collective Work, U.S. Copyright Office
Read MoreStudent media policy may be
the most important decision you make QT4
Guideline
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.
Key thoughts/Action: Possible guidelines (three options)
This reality does not preclude students from exercising their best ethical judgment. Rather, it is an incentive for them to advocate for their role and for district-level policy that protects student journalists.
Possible policy 1:
[NAME OF SCHOOL] student media are designated public forums in which students make all decisions of content without prior review by school officials.
Comment: This contains only the basic statement of journalistic responsibility. It is usable at the board level to outline the basic principles of external oversight, leaving the process to other internal packages, like ethics guidelines and staff manuals. This removes from consideration the possibility of board attempts to change process-oriented direction.
A short statement like this clearly establishes the principles and responsibilities that guide all other statements. With no prior review added to it, it has the three crucial points in a policy: (1) designated public forum status in which (2) students make all final decisions regarding content and (3) do so without prior review. Decisions on matters such as letters, bylines, staff disciplinary actions, coverage of death and more are best detailed in ethical guidelines and staff manuals.
Possible policy 2:
[NAME OF SCHOOL] student media are designated public forums in which students make all decisions of content without prior review from school officials.
Freedom of expression and press freedom are fundamental values in a democratic society.
The mission of any institution committed to preparing productive citizens must include teaching these values and providing a venue for students to practice these values, both by lesson and by example.
As preservers of democracy, our schools shall protect, encourage and enhance free speech and the exchange of ideas as a means of protecting our American way of life.
[NAME OF MEDIA] and its staff are protected by and bound to the principles of the First Amendment and other protections and limitations afforded by the Constitution and the various laws and court decisions implementing those principles.
Comment: Again, this board-level model policy removes process details from being points of board action or meddling. It also introduces educational and philosophical language to give administrators insight into and understanding of why student media do what they do. It can aid in community understanding and support of the forum process.
This policy is slightly longer because it adds philosophical wording to support the decision-making without review. This policy could be effective at the board level because it allows others points to be explained in the ethics guidelines and staff manuals.
Possible policy 3:
Freedom of expression and press freedom are fundamental values in a democratic society.
The mission of any institution committed to preparing productive citizens must include teaching students these values, both by lesson and by example.
For these purposes, as well as to teach students responsibility by empowering them to make and defend their own decisions, school-sponsored student news media, print or online, at
[NAME OF SCHOOL] are established as designated public forums for student expression in which students make all final decisions of content.
Such news media will not be reviewed by school officials outside the adviser in his/her coaching role or restrained by school officials prior to, during, or after publication or distribution.
Therefore, material published in school-sponsored news media may not necessarily reflect the opinions or policies of the [NAME OF SCHOOL] District, and neither school officials nor the school are legally responsible for their content.
Students are protected by and bound to the principles of the First Amendment and other protections and limitations afforded by the U.S. Constitution and the various court decisions reaffirming those principles.
Comment: This is the same as model two but also includes a statement that student media do not intend to reflect the opinions of school authorities. Like model two, this model addresses the educational value of student media and attaches these issues to legal language. The three essential points made in earlier models appear here as well.
For any free expression policy:
Designated forum: This language (designated forum in policy or practice) should be included in policies at board or publication level because all public forums are designated either by action or inaction (unless the board clearly says otherwise). Being silent as students operate as a forum is really permitting a designated forum.
Social media post/question: Student media policy may be the most important decision you make. What should your student media policy contain?
Stance
The staff manual may include copies of the school board media policy along with publication-level media policy. Furthermore, the staff manual may provide procedures for students to address school administration in the case of a disagreement or policy issue. Students should consider including in the staff manual guidelines for proposing policy changes to the school board or petitioning the district (e.g., How does a student request to be put on the agenda for a school board meeting?).
Reasoning/Suggestions
- Obtain a copy of the school district’s media or student expression policy.
- Compare district policy to your publication-level policy and identify potential areas for misunderstanding or conflict (e.g., the district policy is more restrictive of student speech/press).
- Make a plan to advocate change in the district’s policy that would align it more closely with how the staff actually operates, and why.
- Student editors should recognize that they, not the adviser, are best suited to advocate their role. Advisers must navigate a difficult line as employee and should not be put in a position to defend student work.
- Consider advocating for a state law that would protect student free expression rights.
Resources
Lesson: Developing a Presentation for Your School Board, Journalism Education Association
The Foundation of journalism: policies, ethics and staff manuals JEA SPRC
Rethinking Your Forum Status, JEA SPRC
What Do I Do When I’m Censored?, Student Press Law Center
Model Guidelines for High School Student Media, Student Press Law Center
Model Legislation to Protect Student Free Expression Rights, Student Press Law Center
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Tools of Truth landing page
In the era of the fight against fake news, we believe journalists must be aware of the social climate surrounding the work they do. The attacks and delegitimization of the news media on a national scale shouldn’t make us question the work we do.
We must be able to educate ourselves and our audiences about the role and mission of a 21st century journalist.
We’ve created this set of tools for educators to promote discussion about truth and credibility in the media we access as makers, sharers, consumers and evaluators.
Our lessons are in four different areas to help meet this goal:
• Sloppy reporting
• Censorship
• Satire
• Link to all lessons in one place
Contributors
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