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 MoreThe role of the adviser is multifold, but ethically, practically, not a doer QT20
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.
Resources: Adviser 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).
Read More
Free press–why students should
make decisions of content QT7
For students to prepare themselves for their roles in a democracy, they must be able to practice guarantees of the First Amendment, thus knowing they can make a difference.
Free expression in student media helps students learn to make critical decisions for which they are responsible, to develop integrity in their journalistic practice as well as their thinking and to engage with people on issues of importance and interest.
Without this freedom, as First Amendment expert Nat Hentoff said, the Constitution and America’s heritage would be little more than parchment under glass, outdated, fragile and sterile.
Without this freedom student journalists would be mouthing approved platitudes that are not real. Censored news is fake news; it is incomplete news and contributes little if anything to public awareness and informed civic engagement.
Policy
If you’re developing a new policy, the Scholastic Press Rights Committee recommends using language something like this:
[Name of publication] is a designated public forum for student expression. Student editors make all content decisions without prior review from school officials.
Question:
Why should students make decisions?
Key points/action:
For students to prepare themselves for their roles in a democracy, they must be able to practice guarantees of the First Amendment, thus knowing they can make a difference.
Free expression in student media helps students learn to make critical decisions for which they are responsible, to develop integrity in their journalistic practice as well as their thinking and to engage with people on issues of importance and interest.
Stance:
Without this freedom, as First Amendment expert Nat Hentoff said, the Constitution and America’s heritage would be little more than parchment under glass, outdated, fragile and sterile.
Without this freedom student journalists would be mouthing approved platitudes that are not real. Censored news is fake news; it is incomplete news and contributes to public misunderstanding and mistrust.
Reasoning/suggestions:
“Without journalism, democratic life dies from lack of oxygen,” Roy Peter Clark, senior scholar at the Poynter Institute, writes: “Without democracy, journalism loses its heartbeat. Without a serious study of journalism there can be no understanding of citizenship, democracy or community.”
Resources:
JEA statement on student free expression in a vibrant and flourishing democracy
With power comes great responsibility
First Amendment and the obligation to peacefully disrupt in a free society
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
Student 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
Read More
What should go into an editorial policy?
What should not? QT3
Editorial policies are the foundations for your journalism program. Often short, these statements address forum status, who makes final decisions of content and prior review.
Think of it this way: a strong policy is prescriptive. It says what students will do. A policy is like a constitution and sets the legal framework for student media.
We strongly discourage the inclusion of ethical guidelines or procedures and process in policy documents because ethics and staff manual procedures are suggestive. That means topics like byline suggestions, font choices and how to handle unnamed sources should not be same document as policy. Topics, procedures and details do not have the same purpose as policy.
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 and anchors staff manuals.
Question: What should go into an editorial policy? What should not?
Editorial policies are the foundations for your journalism program. Often short, these statements address forum status, who makes final decisions of content and prior review.
We recommend this wording as a basic policy statement: “[NAME OF STUDENT MEDIA] are designated public forums for student expression in which students make all final content decisions without prior review from school officials.”
Other models could include more material and wording to explain the value of student decision-making, historical or educational reasoning.
[pullquote]Quick Tips are small tidbits of information designed to address specific legal or ethical concerns advisers and media staffs may have or have raised. These include a possible guideline, stance, rationale and resources for more information. This is the third in the series[/pullquote]
A guideline is a stance on an ethical topic. A guideline is more open to change by student staff to staff.
Beyond that, SPRC suggested models could include editorial guidelines (although we recommend several as ethical process and procedures) like:
- Role of student media
- Ownership of student content
- Handling death
- Advertising decisions
- Handling letters/comments
- Policy consistently applied across all platforms
A procedure is a way to do something. These might include how students answer the phone in the room or how they check out a camera. Procedures are how students carry out the policy and implement ethical guidelines. All are part of the staff manual but are clearly separated from policy so their roles are clearly distinct.
Stance:
Think of it this way: a strong policy is prescriptive. It says what students will do. A policy is like a constitution and sets the legal framework for student media.
We strongly discourage the inclusion of ethical guidelines or procedures and process from policy documents because ethics and staff manual procedures are suggestive. That means topics like byline suggestions, font choices and how to handle unnamed sources should not be same document as policy. Topics, procedures and details do not have the same purpose as policy.
Resources: The foundations of journalism: policies, ethics and staff manuals
JEA Scholastic Press Rights Committee
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 MorePrior review v. prior restraint: Quick Tip2
In brief, the Journalism Education Association has found prior review has no educational value. Instead, JEA believes it is simply the first step toward censorship and fake news. Prior review also contributes to self-censorship and lack of trust between students, advisers and administrators. Prior review conflicts with JEA’s adviser code of ethics.
Prior review occurs when anyone not on the publication/media staff requires that he or she be allowed to read, view or approve student material before distribution, airing or publication.
Prior restraint occurs when someone not on the publication/media staff requires pre-distribution changes to or removal of student media content.
Prior review itself is a form of prior restraint. It inevitably leads the reviewer to censor and student journalists to self-censor in an effort to assure approval.
An officially designated adviser, when working with students and offering suggestions for improvement as part of the coaching and learning process, who reads or views student media before publication is not engaged in prior review.
Possible Guideline: Prior review and restraint
Question: What does prior review mean and how is it different from prior restraint?
Key points/action: In brief, the Journalism Education Association has found prior review has no educational value. Instead, JEA believes it is simply the first step toward censorship and fake news. Prior review also contributes to self-censorship and lack of trust between students, advisers and administrators. Prior review conflicts with JEA’s adviser code of ethics.
Stance: JEA would define prior review and restraint as follows:
• Prior review occurs when anyone not on the publication/media staff requires that he or she be allowed to read, view or approve student material before distribution, airing or publication.
[pullquote]Quick Tips are small tidbits of information designed to address specific legal or ethical concerns advisers and media staffs may have or have raised. These include a possible guideline, stance, rationale and resources for more information. This is the second in the series[/pullquote]
- Prior restraint occurs when someone not on the publication/media staff requires pre-distribution changes to or removal of student media content.
- Prior review itself is a form of prior restraint. It inevitably leads the reviewer to censor and student journalists to self-censor in an effort to assure approval.
- An officially designated adviser, when working with students and offering suggestions for improvement as part of the coaching and learning process, who reads or views student media before publication is not engaged in prior review.
When an adviser requires pre-distribution changes over the objections of student editors, his/her actions then become prior restraint
Reasoning/suggestions: Students learn more when they make all publication choices. Prior review and restraint do not teach students to produce higher quality journalism.
The only way to teach students to take responsibility for their decisions is to give them the responsibility to make those decisions freely. No administrator has ever shown any educational value in prior review.
Continued democracy depends on students understanding all voices have a right to be heard and assuring all viewpoints have a say in their communities.
Resources: Questions advisers should ask those who want to implement prior review, JEA Scholastic Press Rights Committee
Prior Review, JEA Scholastic Press Rights Committee
SPRC Talking points blog
SPRC Talking points
Definitions of prior review, prior restraint
Lesson: Understanding the perils of prior review and restraint
Why we keep harping about prior review
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.