‘Whad’ya know?’
New teachers should answer, ‘Law & ethics!’
by Candace Bowen
As Wisconsin Public Radio’s Michael Feldman asks each week, “Whad’ya know?” Sadly, even some secondary school journalism teachers with proper credentials can answer, like Feldman’s audience, “Not much!”
At least that appears to be true when it comes to law and ethics.
And some teachers don’t know much because no one required them to learn much to get their jobs.
Case #1: My own state — Ohio — has Integrated Language Arts licensure, a common sort of “mile wide, half inch deep” curriculum that means pre-service teachers study something about English, speech, theater and journalism, but not necessarily much about any one of those.
In addition, the state Department of Education approves each college’s curriculum, but anecdotal evidence indicates some higher education programs don’t stick to what they submitted for approval more than 10 years ago. Thus students graduate with little or no journalism, and what they do have is often only beginning newswriting.
Read MoreFirst Amendment Press Freedom Award
If you and your students attended the JEA/NSPA convention this past week in KC, you are aware of the courageous fight some teachers and advisers wage against censorship. In some cases they kept their student media operating as designated forums for student expression or as practicing forums for student expression.
Others still continue to fight the good fight. We would like to increase recognition of such programs.
To achieve this, JEA, NSPA, CSPA and Quill & Scroll sponsor the First Amendment Press Freedom Award. Deadline for applying is Dec. 1. To find out more about the award and download an application go here.
If your student media are open forums by policy or practice, please apply. We would love to recognize more of you.
And, if you are forums for student expression, please let us know so we can list your student media as such on Kent State’s Center for Scholastic Journalism website. Recognition forms can be downloaded there.
For other news on current censorship issues:
• The student paper Minnesota Catholic school administrators don’t want seen
• School pulls op-ed pieces (includes links to the student media website)
• Catholic school administrators delete editorials from student media
• Parents challenge school’s ban of “I heart boobies” bracelets
Read MoreKey cases
Cases that enhance student rights
• Tinker v. Des Moines
This 1969 decision stated students do not lose their rights at the schoolhouse gate
— http://www.oyez.org/cases/1960-1969/1968/1968_21
— http://www.bc.edu/bc_org/avp/cas/comm/free_speech/tinker.html
— http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=US&vol=393&invol=503
— http://www.landmarkcases.org/tinker/home.html
— http://www.abanet.org/publiced/lawday/tinker/home.html
• Dean v. Utica
This Michigan case substantively supported the Tinker decision where student media has either been practicing as a public forum or is designated as one. Is precise in stating Hazelwood does not cover all student expression in high schools
— http://en.allexperts.com/e/d/de/dean_v._utica.htm
— http://www.splc.org/pdf/deanvutica.pdf
— http://www.splc.org/pdf/utica_arrow.pdf
— http://www.splc.org/newsflash.asp?id=911
— http://www.studentpress.org/nspa/trends/~law0205hs.html
• Lexington v. Yeo
This First Circuit case demonstrated the importance of practicing forum status and of student decision making.
— http://lw.bna.com/lw/19980106/961623.htm
— http://www.splc.org/report_detail.asp?id=209&edition=9
— http://www.yeodoug.com/articles/text/livefree.html
— http://openjurist.org/131/f3d/241/yeo-v-town-of-lexington
• Draudt v Wooster City School District
This sixth circuit decision set forth a legal test for distinguishing between nonpublic and public forum scholastic media. The court held that nonpublic forum media are subject to the Hazelwood standard. Publications classified as public forums are protected by the much higher Tinker-based standard.
–– http://www.splc.org/law_library.asp?id=35
— http://www.firstamendmentcenter.org/Speech/studentexpression/cases_resources_summary.aspx
— http://www.ajr.org/Article.asp?id=2899
— http://www.studentpress.org/nspa/trends/~law0203hs.html
• Board of Education, Island Trees Union Free School District No.
26 v. Pico, 457 U.S. 853
This decision ruled that the First Amendment limits a school board’s ability to remove or ban books in school libraries.
— http://www.oyez.org/cases/1980-1989/1981/1981_80_2043
— http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=457&invol=853
• West Virginia State Board of Education v. Barnette
This Supreme Court decision protected a student from being forced to say the Pledge of Allegiance in school.
— http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/barnette.html
— http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=319&invol=624
— http://supreme.justia.com/us/319/624/case.html
Cases that inhibit or are cited to limit student rights
• Bethel School District v. Fraser
This decision gave school officials the ability to limit student speech of a lesser standards than substantial and material disruption.
— http://www.oyez.org/cases/1980-1989/1985/1985_84_1667
— http://www.abanet.org/publiced/youth/sia/holtcases/bethel.html
— http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=478&invol=675
— http://www.freedomforum.org/templates/document.asp?documentID=13701
— http://www.firstamendmentschools.org/freedoms/case.aspx?id=35
• Hazelwood School District v. Kuhlmeier
This US Supreme Court decision gave schools the ability to limit student expression if student media are not public forums for student expression by policy or practice and if school officials have a legitimate pedagogical reason.
— http://www.oyez.org/cases/1980-1989/1987/1987_86_836/
— http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=484&invol=260
— http://www.splc.org/legalresearch.asp?id=4
— http://www.ericdigests.org/pre-9216/hazelwood.htm
— http://www.firstamendmentcenter.org/faclibrary/case.aspx?case=Hazelwood_v_Kuhlmeier
• Frederick v. Morse
Commonly known as Bong Hits 4 Jesus, this decision created further limits on Tinker’s support of student expression.
— http://www.oyez.org/cases/2000-2009/2006/2006_06_278/
— http://www.youtube.com/watch?v=n_LsGoDWC0o
— http://www.supremecourtus.gov/opinions/06pdf/06-278.pdf
— http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=06-278
— http://www.shmoop.com/free-speech/bethel-v-fraser-morse-v-frederick.html
Cases affecting advisers
• Garcetti v. Ceballos
This decision limits the speech rights of pubic employees in many situations when they speak as school employees.
— http://www.supremecourtus.gov/opinions/05pdf/04-473.pdf
— http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=04-473
— http://www.oyez.org/cases/2000-2009/2005/2005_04_473
— http://www.firstamendmentcenter.org/faclibrary/case.aspx?case=Garcetti_v_Ceballos
• Pickering v. Board of Education
This decision supported a teacher’s claim that a letter written critical of the school was protected by the First Amendment
— http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=391&invol=563
— http://supreme.justia.com/us/391/563/
— http://www.oyez.org/cases/1960-1969/1967/1967_510
Mixed decisions
• Nuxoll v. Indian Prairie School District
This decision is about a T—shirt with an anti-gay message. It is a split case with strong language by the ruling viewpoint dismissing the credibility of student speech in any form.
–– http://feministlawprofs.law.sc.edu/?p=3430
— http://americansfortruth.com/news/appeals-court-says-il-school-cannot-ban-be-happy-not-gay-t-shirts.html (includes link to full text, which is important to see the two sides of the decision)
— http://www.firstamendmentcenter.org/news.aspx?id=19965
— http://www.splc.org/pdf/Neuqua7thCircuit.pdf
— http://www.splc.org/newsflash_archives.asp?id=1748&year=2008
General decisions/lesson plans
• Times v Sullivan
This Supreme Court decision established the concept of actual malice with libel.
— http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=US&vol=376&invol=254
— http://supreme.justia.com/us/376/254/case.html
— http://www.firstamendmentcenter.org/faclibrary/case.aspx?case=New_York_Times_Co_v_Sullivan
• First Amendment timeline
http://firstamendment.jideas.org/first/timeline.php
• Education for Freedom lesson plans
http://www.freedomforum.org/packages/first/curricula/educationforfreedom/index.htm
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