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Constitution Day highlights from previous years

Posted by on Aug 18, 2018 in Blog | 0 comments

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As we brainstormed ideas for this version of Constitution Day, we realized how many previous activities and lessons were still relevant today. Here are our top eight. If you’d like to revisit the previous years’ lesson and ideas, we’ve included links to each year at the end of the page.

 

Celebrating Constitution Day (Lori Keekley, 2015): This activity encourages the English, social studies and journalism teachers to engage students in exploring the Constitution’s relevance to their daily lives, facts about the Constitution and understanding the amendments to the Constitution

 

First Amendment School Dialogue (Jeff Kocur, 2017): Guide your students through a class-sized (or whole-school) dialogue about the five freedoms of the First Amendment. Students will identify and evaluate the impact of the First Amendment in their own lives and the lives of others.

 

The Importance of an Independent and Active Press (Matthew Smith, 2017): Expose students to the many possible benefits of independent media in a democracy through quotes and video excerpts of world leaders espousing the necessity of a free press. Students will evaluate and discuss their own reaction to these arguments.

 

Understanding the perils of prior review and restraint (Jeff Kocur, 2015): Click here for the activity. For additional resources and model ethical guidelines and staff manual procedures for this, go here and here.

 

Examining the gray area between political correctness and free speech (Matthew Smith, 2016): Students will explore several topics through peer discussion and real-world examples in small groups followed by a large-group discussion. By Matt Smith

 

The Decision to Report: Because You Can, Does that Mean you Should? (Jeff Kocur, 2013): Allows students to explore the conflict of reporting the truth when that truth may have consequences. Students work with several leading questions and apply them to several scenarios.

 

Our Right to Comment (Jeff Kocur, 2016): 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

 

Takedown demands (John Bowen, 2014): This lesson addresses how to handle takedown requests. Students will work through two scenarios and then create a takedown request policy.

 

Previous Constitution Day lessons and activities by years:

2017

2016

2015

2014

2013

2012

2011

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How two other school districts escaped lawsuits
by fostering an independent student press QT 61

Posted by on Apr 22, 2018 in Blog, Legal issues, Quick Tips, Scholastic Journalism, Teaching | 0 comments

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Student First Amendment Rights
 Douglass v. Londonderry School District (2005) and Sisley v. Seattle School District (2011)

Douglass v. Londonderry School District (2005)

The yearbook staff at Londonderry High School in New Hampshire voted against running the photograph Blake Douglass submitted as his senior picture. The photograph showed him kneeling, a broken (open) shotgun across his shoulder, dressed in trap shooting clothing.  Shotgun shells appeared to be in his pocket. Though the student journalists rejected it as a senior picture, they did offer to include it in the community sports section.

Douglass and his father sued the school district, claiming his First Amendment rights were being violated. He also claimed the school was using “unconstitutional viewpoint discrimination” by refusing to run a picture of him with his shotgun. Douglass claimed the school could not “lawfully refuse to publish [the photograph] because they disapproved of the ‘message’ they think the readers will take from it.”

The federal judge disagreed. It was not the school district that rejected the photo. It was the student yearbook editors.  “The state has not, it seems, suppressed Blake’s speech. His fellow students have done so,” the judge wrote. “The First Amendment does not restrict the conduct of private citizens, nor is it violated when one private actor ‘suppresses’ the speech of another.”

Sisley v. Seattle School District (2011)

The March 2009 edition of “The Roosevelt News,” the student paper for Roosevelt High School in Seattle, included an article on a potential project that would tear down rental homes near the school and replace them with a tall building.  “Sisley Slums Cause Controversy” included this sentence: “In 15 years these [Sisley] brothers have acquired 48 housing and building maintenance code violations, and have also been accused of racist renting policies.”

Hugh Sisley sued the Seattle School District Number One for defamation, that is, making false, derogatory claims. He objected to one clause in the article, the clause that read “and have also been accused of racist renting policies.”

The Washington state superior court judge ruled against Sisley and in favor of the school district, writing “a public school student is not an agent or employee of the school district.” In addition, “the public school district is a governmental entity constitutionally prohibited from censoring or otherwise curtailing a student’s First Amendment right to free speech unless there is evidence censorship is necessary to prevent disruption of the school environment. No such evidence exists.”

The Sisleys appealed and the appeals court ruled against the Sisleys—and for the school district–simply because the Sisleys had not proved the statement in the “The Roosevelt News” was untrue.

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Celebrate and reflect: getting the most
out of conventions with your students

Posted by on Apr 9, 2018 in Blog, Scholastic Journalism | 0 comments

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by Kristin Taylor
It’s April! For student journalists and their advisers, that means it’s time for another JEA/NSPA National High School Journalism Convention. As many of us head to San Francisco Thursday, it’s a good time to think about why we attend conventions and how to get the most out of our attendance.

First and foremost, I remind myself every year that these conventions are about student voice. We come together to learn from the experts, but the moments I always find most inspiring are centered around students.

Whether listening to Meghan Bobrowsky — last year’s National High School Journalist of the Year — speak during the Opening Ceremony, attending workshops led by students or judging write-off submissions from talented reporters, I know this convention will leave me feeling great about dedicating so many hours to the world of student journalism.

If you are a new adviser or have never attended a large journalism convention with students before, you might be wondering how best to make sure you and your students have a great experience. It wasn’t that long ago I was in your shoes, and I remember how overwhelming the convention felt at first.

For this blog, I’ve put together five tips gathered from my own experiences and the wisdom of my colleagues. I hope they will prove useful to a few of you out there planning to bring students for the first time.

  1. Make a plan. At least a day or two before we leave, I bring my students together to look through the convention program, download the EventMobi app and talk about how to make the most of our time. Students are often reluctant to go off on their own, but if they all go to the same workshops, we’ve missed an opportunity to learn as a staff. We talk about what our publications most need and make a plan to spread students out to attend a wide variety of workshops. We also talk through some of the other logistics of the trip, such as how travel will work, how we will communicate as a group (we use GroupMe), when we will be meeting up (we always sit together for ceremonies and awards as well as gathering to reflect each day) and what they can expect to do each night.
  2. Articulate a purpose. One of the best things I’ve started to do with my own students is to find a time to discuss why we are going and what we hope to learn. You can do this before you leave, but I think it’s most valuable to do as close to the start of the convention as possible. I’ve had these conversations at school, at the airport gate waiting for our plane, and even on the hotel lobby floor before giving them their room keys. My goal is to have them articulate their purpose before setting them loose so we can come back to that purpose throughout the trip. If they are stumped, I suggest this question: What can I learn about the power of student voice from this trip?
  3. Hold them accountable. Some students will dutifully attend every workshop and speaker without any prompting, but others need a bit more structure. I require them to select four workshops Friday and Saturday (unless they are participating in a write-off contest Friday, in which case they only required to attend two). I’ve experimented with a variety of accountability methods over the years, but the one that seems to work the best is also the most old-fashioned: a notebook. I discourage students who have laptops from bringing them. They are bulky and distracting. Instead, I ask everyone to practice their note-taking skills during the workshops they attend, recording questions, ideas and takeaways with paper and pen. This leads me to the next tip, which is…
  4. Reflect each day. Thursday’s reflection is usually a quick discussion of the keynote speakers and opening ceremony. Friday is our first rich discussion of their learning. We sit in a circle, and the students reflect on their experiences that day, using those handy notebooks to connect their learning to practical application on our publications. Since Saturday is so hectic and the awards ceremony even longer this year, I plan to have them journal their reflection in their notebooks after their last workshop so we can come back to them on Sunday. I like to reserve Saturday night for a celebratory group dinner. Our final reflection happens before we leave, which is usually Sunday morning. This circle allows them to share final thoughts and ideas and come back to the purpose they articulated before they left. It’s also important to reflect with the rest of your staff when you return from a trip like this, and those notebooks will be handy yet again.
  5. Celebrate as a group. Depending on your plans and budget, you may have shared time seeing the city or attending an event together. If this isn’t possible, however, I think it’s crucial to set aside at least one meal to enjoy as a group. We usually do this Saturday night. Restaurants near the convention that can accommodate large groups tend to book up fast, but if you haven’t made a reservation or want to keep the meal more affordable, you can order in and have a pizza party in a common area of your hotel. Many of my favorite memories from past conventions have come from these meals as students share funny stories, tell jokes and bond. And you never know what may happen — I took a group to Indianapolis right after the 2016 election, and as we were walking back from the restaurant, we realized we just a block ahead of a protest march. My students still call that trip “The Time We Led a Protest by Accident.” 

On a final note, I want to encourage new advisers to attend advisee events (don’t miss the Thursday orientation in the afternoon and reception in the evening) and introduce yourself.

Don’t be afraid to ask questions or seek advice from your colleagues, especially if something goes wrong. I cannot say enough about the wonderful people in our community who have steered me through a variety of issues — you are never far from someone who has been there and can help you solve any problem than arises.

I hope to see many of you in San Francisco as we celebrate the power of student voice.

 

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More than a march;
a civics lesson and a wake-up call

Posted by on Mar 25, 2018 in Blog, Ethical Issues, Legal issues, News, Scholastic Journalism, Teaching | 0 comments

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Students lined up outside Buffalo Grove High School in Illinois re watched by security. Photo by Stan Zoeller, MJE, and SPRC committee member.

by Stan Zoller, MJE
The walk-outs by thousands of high school students on March 14 did more than call attention to a revamping of the nation’s gun laws, they also provided Americans with several other things.

A wake-up call.

A civics lesson.

And a realization that high school students today are doing what high school students did when I was in high school — speak up and demand to be heard.

When Baby Boomers were in high school, we dealt with Vietnam, equal rights for women and the lowering of the voting age from 21 to 18.

Vietnam was popular with very few people while the Equal Rights Amendment (ERA) and the lowering of the voting age in Illinois via Project 18, sparked

divisive debates across generations.

The murders of students by gunfire appears to be no different as they seem to be awakening a generation that

discovered it has a voice that needs to be heard.

Parents, politicians and school administrators need to listen.

Two high schools in my hometown allowed students to participate in the March, although in different ways.

One allowed students to congregate only near the main entrance. The entire campus was off limits to anyone with one security office saying it was because the march was a “school event,” which make no sense. Neither does the comment by another security officer who said I wouldn’t be allowed to take pictures because many of the students were minors.

The district’s official position, said the district’s communications supervisor was “the District decided to restrict access to our campuses for a brief period this morning to ensure the safety and security of our students during this morning’s walkout. The decision to briefly restrict access is also in line with how most schools in the Chicagoland area handled the nationwide walkouts.”

She added that “These displays were student-led and peaceful, and our student leaders did a phenomenal job making sure everyone was back in the building when the 17 minutes were over.”

Spoken like a true flack.

It’s interesting that she said, “The decision to briefly restrict access” was “in line with how most schools in the Chicagoland area handled the nationwide walkouts.”

According a spokesman for the other school, “We had an estimated 2,000 students participate in the walkout (today). We reached agreement with the student organizers to have an organized march starting from the “circle drive” entrance and heading south along the building to the Garden of Peace, Hope and Remembrance. From there, students walked into the alley behind the school building to go back inside and return to class. The walkout went off without incident.”

While the school blocked its main entrance, access was available through a second secondary entrance without any problem.

The need for tight security is understandable. The display of local police officers at the first school was unprecedented for a “school event” – even the truck enforcement officer was there.

By limiting students — as many districts did – including one which allegedly told students they could march if they didn’t say anything political, are educators limiting the opportunity for students to become civically engaged?

One Chicago area district, Downers Grove District 99, reportedly issued nearly 1,000 detentions to students who were brazen enough to participate in marches at Downers Grove North and South high schools.  The detentions, according to one media report, were in an auditorium where there were conversations about gun violence.

A nice gesture, but what is the result of these conversations? Student voices need to be continuously heard in public, by the public and by lawmakers – not just by school administrators who are bent on control issues.  Gun violence is not the first issue to fire-up student voices.

A rash of shooting of African-American men in 2014 sparked the “Black Lives Matter” movement and was fueled by demonstrations and outcries le by young people who wanted their voices heard and action taken.

Which raises the question – is squelching student voices the best practice if we want today’s high school students to become more civically engaged?

This is not the first generation of young people to push for change.  All administrators need to do is crack open a history book and, as Mr. Peabody would say, “set the way-back machine, Sherman.”

They’ll find that what goes around comes around as it did in the Vietnam era of the 1960s. Students at the collegiate and scholastic levels were relentless in their actions and messages. Today’s students need to have that same relentlessness and resiliency, so their concerns become actions in the nation’s statehouses and in Washington, D.C.

People – whether students or not – need make sure their voices are continually heard and not silenced by overzealous school administrators or PAC-induced lawmakers.

People’s voices, not silence, will make a difference.

But only if people listen and act before it’s too late.

Again.

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Never doubt the reality and power
of the First Amendment

Posted by on Mar 5, 2018 in Blog, Law and Ethics, Teaching | 0 comments

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by Stan Zoller, MJE
It’s a staple of any journalism curriculum.

It’s on T-shirts.

It’s on ties.

It’s on posters and protestor’s signs.

It’s on our minds.

But is it in our hearts?

It is the First Amendment.

Attention to the First Amendment has escalated lately with the number of walkouts and demonstrations by students in wake of the tragedy at Marjory Stoneman Douglas High School in Parkland, Florida. 

It is another case, tragic as it is, of people – not just students – rallying around the First Amendment when it becomes a necessary tool. Fact is, the First Amendment needs to be front and center all the time.

Far too often scholastic journalists use the First Amendment to celebrate various special events like Constitution Day or Scholastic Journalism Week, which make sense as the First Amendment is the foundation which enables journalists, scholastic, collegiate or professional, to practice their craft.

Unfortunately, fear sometimes creates a roadblock for the practice of the First Amendment. All too often journalism educators quiver over the possibility of running a “controversial story” because they may get in trouble with their administration.

[pullquote]As difficult as it may seem, more journalism educators – and student journalists – need to take that chance and tell their administrators that scholastic media’s job goes beyond reporting on Muffy and Chip who were selected Homecoming Queen and King.[/pullquote]

As difficult as it may seem, more journalism educators – and student journalists – need to take that chance and tell their administrators that scholastic media’s job goes beyond reporting on Muffy and Chip who were selected Homecoming Queen and King.

Here’s where the challenge comes in.  Don’t just tell people you have First Amendment rights – practice them.

Fear is a great motivator by many school administrators. We should overcome that fear by using the First Amendment.

As journalism educators we need to teach students to emulate the work of leading reporters who don’t live in fear by practicing the First Amendment.

Like Jamie Kalven. That’s probably not a name many, or if I dare say, most scholastic journalism educators will recognize. Kalven is, a writer and human rights activist. His work has appeared in a variety of publications. In recent years, he has reported extensively on patterns of police abuse and impunity in Chicago. He is director of the Invisible Institute (invisible.institute.org), which, as noted on its website, “… is a journalistic production company on the South Side of Chicago. Our mission is to enhance the capacity of citizens to hold public institutions accountable …”

Kalven’s background (Kalven background) is beyond impressive, as is his work. He has gained notoriety for pursuing the release of the dash cam video of Chicago Police officer Jason Van Dyke who allegedly shot Chicago teenager Laquan McDonald 16 times.

Kalven’s work related to police actions has received national attention and earned him numerous awards.

But what recently propelled him into a First Amendment fight was a subpoena he received as part of Van Dyke’s trial which, in Kalven’s words, demanded that “I answer questions about the whistleblower whose tip prompted me to investigate the fatal 2014 police shooting of 17-year-old Laquan McDonald.”

Kalven, in an article, “The First Amendment Transcends the Law. It Gives Us Strength In Dark Times” notes that a major thrust of the intent of the subpoena was that he had received documents about the dash cam video “… to seek to compel me to testify on the basis of their claim, for which they offered no evidence, that the source had given me documents protected under the Garrity rule, which protects public employees from being compelled to incriminate themselves during internal investigations conducted by their employers.”

Kalven writes that “From the outset, I made it clear that I had received no Garrity-protected documents and that I would refuse to answer any questions that might reveal the identity of the source. There was nothing heroic about this stance. It was not a choice. I was simply doing my job as a reporter.”

Read that last line again: “There was nothing heroic about this stance. It was not a choice. I was simply doing my job as a reporter.”

Which is what journalism teachers need to teach their students.  Kalven’s piece, which can be found at Kalven article is an amazing tale of the court battle surrounding his subpoena. It is an outstanding teaching aid and journalism adviser and educators should incorporate it into their First Amendment curriculum.

How did Kalven’s subpoena battle work out?

As he describes it: “In the end, the hearing proved anticlimactic. Gaughan (Judge Vincent Gaughan) distributed a written order quashing the subpoena. He did not reach the issue of reporter’s privilege. “To uphold the subpoena of Jamie Kalven,” he wrote, “would be nothing more than a fishing expedition in search of information that the timeline of events, discovery documents, and testimony suggest simply does not exist.”

And, writes Kalven, “The ruling has been hailed as a victory for freedom of the press.”

Which, when all is said and done, is what we are all striving for.

[pullquote]“If civic courage is a social value, rather than an individual endowment, then we have the capacity to generate it — to give each other heart for the intensifying struggle to preserve First Amendment freedoms that lies ahead. Speaking as a grateful beneficiary of that dynamic, I have no doubt of its reality and its power.”–Jamie Kalven[/pullquote]

Kalven’s article doesn’t end there. He details the impact and importance of the First Amendment in his walk-off in which he notes:

“If civic courage is a social value, rather than an individual endowment, then we have the capacity to generate it — to give each other heart for the intensifying struggle to preserve First Amendment freedoms that lies ahead. Speaking as a grateful beneficiary of that dynamic, I have no doubt of its reality and its power.”

Its reality and its power – journalism educators need to factor that into their lessons on the First Amendment.  Its importance goes beyond posters, t-shirts and merely memorizing the 45 words.

In the end, it comes down to two things:  its reality and its power.

 

Additional resources:

About Jamie Kalven:  Kalven background

About the Invisible Institute: invisible.institute.org

Kalven’s article: The First Amendment Transcends the Law. It Gives Us Strength in Dark Times

A guide to Freedom of Information and Sunshine Laws: FOI and Sunshine Law Info.

 

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