Tips for reaching out to communities
for info on student free expression
Steps students and advisers can use to help others understand the importance and need for student and free student expression
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.
- Convert or update your editorial policy so it reflects your public forum status and explain why that status is important
- Know the law in your state and have policy and practice correspond to it
- Know your school board policies and know how to bring them into line with changes in state law
- Hold a forum for your community/administrators/students to share information. Student media leaders could also invite questions and provide guidance
- Establish a strong network of alumni, parents and community members to help spread the value of free student expression and to assist you with problems
- Prepare an op-ed piece for your community media about the importance of free student media
- Maintain an active and informed voice opposing censorship wherever it occurs
- Blog what your students will do, as protected by a state free expression law, to prevent fear of irresponsible journalism. This could include discussion of media mission, policy, decisions, ethical guidelines and staff manual process
- Endorse the use of adult blogs and social media to show now that students have freedom of expression they will uphold standards of journalistic responsibility.
- Don’t self-censor. Know what to publish that is meaningful content, and how and why to do so effectively
- Empower your students, through their decision-making, to practice socially responsible journalism and to know the difference between sound and unsound journalism so they can better teach their communities
- Invite the various groups into your newsroom to see students at work
- Explain what terms like forum, etc., mean and how they will work with students making decisions
- Develop Talking Points on the educational and civic values of free student expression
- Create a press release based on a model release in this package
- Stress social responsibility across platforms in journalism: truth, accuracy , content and completeness
- Use the Panic Button to reach JEA’s Scholastic Press Rights Committee if you need additional assistance
- Remember three additional points:
–Your credibility as student media rests not on Hazelwood and review, but on journalistically responsible, ethical and complete reporting
–Journalism is at the core of democracy. If students learn that control trumps freedom because of decisions like Hazelwood and its practices, then democracy crumbles, bit by bit
–Communities cannot be informed, or act upon the information they have if it is limited, controlled or distorted by prior review or censorship
Read MoreTerms connected with
student free press legislation
Terms concerning free expression legislation
- Prior review is the practice of school administrators – or anyone in a position of authority outside the editorial staff – demanding that they be allowed to read (or preview) copy prior to publication and/or distribution.
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 content before publication is not engaged in prior review. However, when an adviser requires pre-distribution changes over the objections of student editors, his/her actions then become prior restraint.
This state legislation does not prevent prior review. However, every major journalism education organization have spoken against it, saying it has no educational value and is only the first step toward censorship.
- Prior restraint occurs when school officials – often after they have read material (prior review) – do something to inhibit, ban or restrain its publication.
Prior restraint prevents a complete and often factual story or set of facts from being told.
It often prevents an accurate account of the topic or issue from being told
- Forum for student expression
A public forum is created when school officials have “by policy or by practice” opened a publication for use by students to engage in their own free expression.
In the Hazelwood decision, the Court said it believed both the policy and practice at Hazelwood East High School reflected school officials’ intent to exercise complete control over the student newspaper’s content. That finding prompted the Court to say a designated public forum did not exist.
Nevertheless, student publications at other schools with different policies and different practices relating to editorial control can be public forums. Where student editors have been given final authority over content decisions in their publications or where a school policy explicitly describes a student publication as a designated public forum, the Tinker standard will still apply.
If you’re developing a new policy or altering current policy to reflect changes in state law, the Scholastic Press Rights Committee recommends using language that reads 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.
- Public forums by policy: An official school policy exists that designates student editors, within clearly defined limitations (no libel, obscenity, etc.), as the ultimate authority for determining content. (A publication’s own editorial policy does not count as an official school policy unless some school official has formally endorsed it.) School administrators practice this policy by exercising a hands-off role and empowering student editors to lead. Advisers teach and offer students advice, but they neither control nor make final decisions regarding content.
- Public forums by practice: A school policy may or may not exist regarding student media, but administrators take a hands-off approach and empower students to control content decisions. For some period of time, there has been no act of censorship by administrators and there is no required prior approval of content by administrators. Advisers teach and offer students advice, but they neither control nor make final decisions regarding content. (Principals Guide)
This link describes the types and is basis for summary to be added here: http://jeasprc.org/tweet2-choosing-your-forum-status-is-like-choosing-the-best-medicine/
Read this article by Mark Goodman on forum status: http://jeasprc.org/questions-about-public-forum-status/
Administrators like to talk of responsible or accountable student media. We agree, but want to couch the terms this way: journalistic responsibility.
Journalistic responsibility includes accuracy, context, completeness and verification. Your first responsibility, as student journalists, is to present truth as best you can find it to your various communities in such a way that empowers them to make effective decisions that enhance democracy.
Such a definition precludes prior review, prior restraint and other limitations that would distort or render student reporting inaccurate or inaccurate.
- Codes of ethics
Codes of ethics are recommended journalistic guidelines. As such they propose journalistic practices akin to professional standards. But, they are not requirements. No professional journalism organization forces its members or practitioners to adhere or to follow them.
JEA’s Adviser Code of Ethics establishes Best Practices for teaching and advising journalism and student media. NSPA’s Student Code of Ethics is but one model code for students. Another, used by many student media as a model is the Society of Professional Journalists Code of Ethics.
JEA recommends establishing a board -level editorial policy, media mission statement, media-level policy, media codes of ethics for students with a strong staff manual on the processes students will use to practice ethical guidelines.
The policy statements should show student media as designated public forums for student expression where students make all final decisions of content without prior review. For detailed information on wording and process for these guidelines, go to the SPRC’s Foundations package.
Relevant court cases
- Tinker: The Tinker Standard (1969) protects student speech unless it is libelous, an invasion of privacy or creates a “clear and present danger” or a “material and substantial disruption” of the school.
- Hazelwood: The Hazelwood decision (1988) allowed administrators to easily justify censorship of legitimate speech in curricular settings. The following states have this protection. Click on each state to see their law.
Common legal definitions (as defined by the SPLC):
- Libel: Any published communication – words, photos, pictures, symbols – that falsely harms a person’s reputation. Libel is written; slander is spoken defamation. A five of these elements must be present for there to be libel: publication, identification, harm, falsity and fault. Provable truth is an absolute defense against libel.
- Invasion of privacy: The right to privacy is not explicitly guaranteed by the Constitution, and not all elements recognized by all states. The four types of invasion of privacy are: Public disclosure of private and embarrassing facts; Intrusion; False light and Misappropriation
- Obscene as to minors: True obscenity is not protected speech; identifying it easier said than done. Profanity and nudity are not in themselves obscene. To be determined as obscene, something must meet all three tests: material has no serious literary, political, artistic or scientific content; predominantly appeals to the prurient, shameful or morbid interest of mines and patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for minors and is utterly without social importance for minors
- Material and substantial disruption: The Tinker standard. Claims of material and substantial disruption must have factual support, which can include “reasonable forecast” of disruption “Undifferentiated fear or apprehension of disturbance” or a “mere desire” to avoid unpopular views does not qualify. Sometimes referred to as “clear and present danger” in legislation.
Specific legislation language (Illinois)
- School official: A school principal or his or her designee
- School sponsored media: Any material prepared, substantially written, published or broadcast by student journalists and available to others outside the classroom
- Student journalist: Any public high school journalist who gathers, compiles, writes, edits, photographs, records or prepares information for dissemination in school-sponsored media
• Student media adviser: An individual employed, appointed or designated by a school district to supervise or provide instruction relating to school-sponsored media.
Read More
What is media role
during election campaigns?
What is the role of media during election campaigns?
Description
Students will design ethical guidelines they can use this fall and in later coverage (reporting and viewpoint) of elections, candidates and issues.
Students will work on the following questions:
- What makes comprehensive reporting about an election, a candidate or political issues?
- How would students achieve these comprehensive stories?
- What processes would students use to build comprehensive coverage?
- What resources would students use to build comprehensive coverage?
- What ethical principles could they apply to their coverage?
Objectives
- Students will investigate the best processes to investigate and verify political claims and issues in terms of print, broadcast, visual and online platforms.
- Students will develop ethical standards and questioning and verifying political issues.
- Students will create their own procedural processes to apply these ethical standards.
Common Core State Standards
| CCSS.ELA-LITERACY.RI.11-12.7 | Integrate and evaluate multiple sources of information presented in different media or formats (e.g., visually, quantitatively) as well as in words in order to address a question or solve a problem. |
| CCSS.ELA-LITERACY.RI.11-12.1 | Cite strong and thorough textual evidence to support analysis of what the text says explicitly as well as inferences drawn from the text, including determining where the text leaves matters uncertain. |
| CCSS.ELA-LITERACY.RH.11-12.2 | Determine the central ideas or information of a primary or secondary source; provide an accurate summary that makes clear the relationships among the key details and ideas. |
| CCSS.ELA-LITERACY.CCRA.W.6 | Use technology, including the Internet, to produce and publish writing and to interact and collaborate with others. |
Introduction
Journalists and citizens have independently raised concern this election year, seemingly more so than other years, about the verification process for what candidates say in campaigns, what “facts” are raised with issues and who is the most honest. Similar concerns exist about information passed on by state and local candidates, including those running for school board and community offices.
This lesson will enable student journalists to create ethical guidelines or processes, or to sharpen existing ones, enabling them to better fulfill their social responsibility of getting accurate and complete information and presenting it in context.
One note: If more current questions of a particular candidate’s action occurs, please feel free to replace, or add, resources.
Length
150 minutes (three 50-minute classes)
Materials / resources
Balance, fairness and a proudly provocative presidential candidate
Mirror and candle theories of the press
Social responsibility of media
Ethical guidelines and procedures model
Lesson step-by-step
Homework/preparation
- Student discovery — 40 minutes
Have students go to Balance, fairness and a proudly provocative presidential candidate and 5 types of fallacies for historical perspective and current thinking on media roles during elections and with political issues. After reading the links and in Day 1 of the exercise, students will share their findings in a list of key points with others on their team. Each group will be ready to discuss them in small discussion.
Discussion points could include:
- Is the role of media to report is said or to try to show perspective of what is said?
- Do media have an ethical obligation to show context and background of information in political campaigns?
- What is the best was to ethically serve the reading and viewing publics about information presented in political campaigns or on political issues?
- What is the social responsibility of media in election campaigns and issues?
- Do these approaches also apply to scholastic media?
- Assignment — 10 minutes
For homework, assign each student to prepare a beginning list of ethical guidelines for approaches that would exhibit social responsibility in covering election year candidates and issues. This will aid them to compile a working list of ethical guidelines for their teams.
Day 1
- Group breakdown (5 minutes)
Students will be divided into groups representing print, broadcast, visual and online media (depending on class size there might be more than one group of each).
- Student work time (35 minutes)
Students will compile ethical guidelines in each of their areas for covering political elections, candidates and issues for their platforms. Such guidelines might overlap.
- Large-group discussion/reports (15 minutes)
Each group should report briefly on what it discussed, focusing on unsolved issues or approaches.
- Homework/practical application
A student (or team of students) will take their group’s work home and shape it into a poster for class discussion and acceptance the next day.
Day 2
- Presentation — 35 minutes
Each team shares its concepts, sources and presentation attempting to reach class consensus.
Teams will discuss the ethical issues raised in the coverage and well as the news principles and judgment of story and card selection and prepare to adapt agreed upon suggestions into the staff manual and ethical guidelines.
Alternative/additional activities
Consider these additional questions:
- In verifying information, do journalists/can journalists step outside the traditional role of objectivity?
- Should they do so in their reporting if they feel they have enough facts and feel it is their social responsibility? How do they know what is a fact?
- Should opinion writers, in particular, follow the same criteria as content reporters and verify sources they use in their pieces?
- Why or why not?
Extension
Students could write ethical guidelines addressing political coverage.
Read More
Model for ethical guidelines, process
Ethical guideline title
This would be the situation or ethical situation. For example, it could be how your student media would handle unnamed sources, takedown demands or sources wanting to read content before publication.
Ethical guidelines
This section would contain the recommended guideline or statement of ethical principle. For example, for unnamed sources it could be under what conditions your reporters would grant anonymity; for takedown demands it could be the consideration you would make in deciding to take down content, or not to do so.
Staff manual process
This section is essential. It would list the detailed process or procedure of how the guideline would be carried out. For example, with unnamed sources it could include:
• Not granting it until talking with editors
• The steps the reporter will take to verify information from an unnamed source
• Granting only to protect the source
• Making sure the source know the agreement and conditions
• and more
Resources
This would be articles online or elsewhere for rationale for the process and the guidelines. Generally, keep the number small unless there is a need for extensive sourcing.
Publishing satire
Ethical guidelines
Satire can make for entertaining writing, however two major points should be considered when discussing the inclusion of satire: 1: Will readers get “it?” and 2: Even if readers do get “it,” are you walking a fine line with the type of content expected of your publication and that which isn’t necessarily journalistic?
While there may be nothing inherently unethical about including satirical content in a student publication, is that the type of content the publication should be known for?
Consider this: does the nightly news ever take a segment for anchors to report on something that didn’t really happen? The back page of the Washington Post run Onion-like stories? Certainly there is a place for satire, but is the legitimate news source the correct place?
Staff manual process
Discuss the need for policies and information about satire depending on the type of media you are. While satire might be appropriate for a literary magazine or humor magazine, does it have a place in the newspaper or on the website?
Suggestions
- Satire can be an effective tool when writing an opinion piece. Consider limiting satire to the opinion pages, where it is clearly labeled opinion.
- Satire online can create issues. Consider a former student searching for school news and comes upon a satirical piece that isn’t obviously satirical by just Googling the school name. Is the desire to include satire in a legitimate news source worth the confusion? Is satire journalistic?
- Some schools produce special edition papers for April Fools Day. Imagine The New York Times doing the same. Hard to do, isn’t it? Why sacrifice the integrity of the paper for fun? Perhaps if satire is so important, the staff should produce a separate humor publication that doesn’t conflict with news. Staffs often think everyone will get the joke, but that’s not always the case. Further, the next time you do try to cover hard-hitting news the readers might think back to how you took everything as a joke the last issue.
- Spend time discussing what your role as a journalist is. Are you a trained satirical writer? Just as we would advise against horoscopes and advice columns as teens often aren’t qualified to provide such content, how does satire fit in with a serious journalistic program?
Resources
Introduction to Satire, JEA
Avoiding Libel in Satire, JEA
Ethics and Satire, JEA
Satire Writing Tips
How to Start Writing Satire