Self-censorship examination
by Lori Keekley
Title
Self-censorship examination
Description
This lesson examines the self-censorship on the individual level. The lesson starts by providing a prompt in which students examine what they would like to cover, but feel they can’t for some reason. Discussion addresses why this self-censorship exists and examines whether this self-censorship should be abandoned.
Objectives
- Students will examine their own self-censorship content
- Students will discuss why this self-censorship exists
- Students will see whether this topic should be covered — is there a newsworthy peg that can be covered in a journalist responsible way.
Common Core State Standards
| CCSS.ELA-LITERACY.SL.9-10.1.C | Propel conversations by posing and responding to questions that relate the current discussion to broader themes or larger ideas; actively incorporate others into the discussion; and clarify, verify, or challenge ideas and conclusions. |
| CCSS.ELA-LITERACY.SL.9-10.1.D | Respond thoughtfully to diverse perspectives, summarize points of agreement and disagreement, and, when warranted, qualify or justify their own views and understanding and make new connections in light of the evidence and reasoning presented. |
| CCSS.ELA-LITERACY.RI.11-12.8 | Delineate and evaluate the reasoning in seminal U.S. texts, including the application of constitutional principles and use of legal reasoning (e.g., in U.S. Supreme Court majority opinions and dissents) and the premises, purposes, and arguments in works of public advocacy (e.g., The Federalist, presidential addresses). |
| CCSS.ELA-LITERACY.SL.11-12.1.B | Work with peers to promote civil, democratic discussions and decision-making, set clear goals and deadlines, and establish individual roles as needed. |
Length
100 minutes
Materials / resources
Handout: “Ask These 10 Questions to Make Good Ethical Decisions,” Poynter Institute (teacher may want to print these for easier student reference during both lessons)
Slideshow: Self-Censorship Lesson Slides (see the bottom of the lesson)
Package planner (if you don’t have one, you could use the planner from Tim Harrower’s site.)
Lesson step-by-step
Day 1
Step 1 — Introduction and slide 2 of the slideshow (5 minutes)
Teacher should tell students the information they provide today will be anonymous unless they decide to put their names on their paper. Let them know the information will be used for a class discussion following this activity. This is outlined on slide 2 of the slideshow.
Step 2 — Prompt (5-10 minutes)
Ask students to answer the prompt on slide 3 using their own paper. They may make a list or use full sentences. It’s important they are honest and unafraid of putting the information down. Let students work through the prompt.
Students will be asked to identify the topic they would most like to cover. When this is finished, ask students to turn in their paper. If students could anonymously submit in an electronic form, it would make the second day preparation easier for the teacher.
Step 3 — Continuing the slideshow (15 minutes)
Students will work through a practice scenario starting at slide 5.
Step 4 — Evaluating their topic (10)
Students will evaluate (either alone or with a partner) if they could cover what they identified as the topic they would like to cover. This evaluation begins on slide 9. Students should work through the questions. The teacher may require students to write the answers down or just ask students to work through them.
Step 5 — Debrief (10 minutes)
Ask a few volunteers to share what they did. Students may opt to not to talk about the topic, but talk about the process instead. During the last two minutes of class, ask three people to share what they learned. (These should be three different lessons from the day.)
Day 2
Preparation: Teacher should examine the topics turned in and create a list for students to use in the following lesson. Teacher should have at least three topics for each group to discuss. Also, print out the list of 10 Questions or project them during class.
Step 1 — Review (2 minutes)
Ask a student to talk about the previous lesson. Again, ask students to share what they learned.
Step 2 — Small group discussion/examination (10 minutes per topic, 30 minutes total)
Put students in groups of four by counting off in class. Teacher or a student leader in class should orally provide one of the topics on a sheet. Teacher should not hand out the sheet since handwriting can identify an individual.
This should be completed three times in the group. Remind students they may be given a topic another group member provided. Students should remain respectful in discussion
Step 3 — Application (18 minutes)
The group should select one of the coverage ideas. If you don’t already have a coverage planner, teacher could use the one provided at Tim Harrower’s site. Teacher should assess the package planner sheet.
Extension
Using your student media mission statement and policy statement, evaluate whether these allows an open forum for the free exchange of ideas — and not just those that are popular.
An extension to this assignment would be for students to take one or more of these assignments and show administrators and others why they should be encouraged to report these stories or similar ones instead of having copy prior reviewed.
Self-censorship examination slideshow
Read MoreThe importance of an independent and active press
by Matthew Smith
Title
The importance of an independent and active press
Description
Having a press that is independent and active enough to hold the government accountable has long been considered important for the proper functioning of a democracy. In fact, although the benefits of an active, adversarial press has come under fire, recently, many people (even public officials) have argued that a press that actively challenges public officials for the truth is a necessity for our own democracy to work at all.
This lesson provides some thoughts from public officials and others about the importance of an independent and active press and then asks students to weigh in on these perspectives and consider the state of the free press today and how important it still is and why. This lesson could be applicable in any class that discusses the press or government (including journalism, social students or English classes).
Objectives
- Students will recognize the relationship between an independent press and the functioning of a democracy
- Students will discuss and demonstrate the effect of an independent press on their own lives
- Students will see the importance of the press and its being the watchdog of the government.
Common Core State Standards
| CCSS.ELA-LITERACY.SL.11-12.1 | Initiate and participate effectively in a range of collaborative discussions (one-on-one, in groups, and teacher-led) with diverse partners on grades 11-12 topics, texts, and issues, building on others’ ideas and expressing their own clearly and persuasively. |
| 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.11-12.9 | Analyze seventeenth-, eighteenth-, and nineteenth-century foundational U.S. documents of historical and literary significance (including The Declaration of Independence, the Preamble to the Constitution, the Bill of Rights, and Lincoln’s Second Inaugural Address) for their themes, purposes, and rhetorical features. |
Length
50 minutes
Materials/Resources
Video: Importance of an Independent and Active Press
Handout: Importance of an Independent and Active Press
Prompts: Importance of an Independent and Active Press Discussion
Activity/lesson Step by Step
Step 1 — Introduction (1-2 minutes)
Briefly introduce the topic of the relationship between an independent and active press and the proper functioning of a democracy (feel free to use the language provided at the top of the “Importance of an Independent and Active Press Handout”).
Step 2 — Video (5 minutes)
Play the “Importance of an Independent and Active Press Video.”
Step 3 — Reaction (5 minutes)
Ask for some brief student reactions to the video (feel free to use any of the suggested prompts, below):
-
- How do public officials seem to feel about the press?
- What are some reasons given in support of a free press, even if they don’t always like what they do?
- What can a press (free from government control and active enough to bug public officials about things, even if it’s unpleasant) provide for citizens in a democracy?
Step 4 — Reading (5 minutes)
Pass out the “Importance of an Independent and Active Press Handout.” Ask students to read through the handful of additional views expressed for further discussion.
Step 5 — Discussion preparation (5 minutes)
Pass out the “Importance of an Independent and Active Press Discussion Prompts” and ask students to complete the front.
Step 6 — Pair or small group discussion (5 minutes)
Have students discuss/compare their answers/reactions in pairs or small groups. (Consider having groups put a “+” symbol next to the statement that the entire group mostly agrees with and a “-” symbol next to the statement the group most disagrees with and wishes to discuss in front of the class.)
Step 7 — Large group discussion (20 minutes)
Have students (and/or groups) share responses to the prompts from the handout.
(Consider calling on specific groups/students to discuss and explain the statement they put a “+” or “-” symbol next to. If some students repeatedly take the side of limiting the press or allowing government officials to stop particular debates, it would be helpful to refer back to the main points made in the quotes provided, especially in the handout. Students don’t need to come away convinced the press should be as free and/or active as possible, but they should understand and appreciate the reasons many officials/experts have given for supporting such a press, even if they don’t agree with them or believe most of the press is evil in some way. It may be especially helpful to refer back to Hannah Arendt’s passage and propose back to the students and/or class, what the danger is in citizens coming to believe that everyone is lying. What benefits can a trustworthy press provide? Why? What would it be like if there was no press at all, or if all press was owned/run by the government? These questions may help re-direct discussions if necessary.)
Step 8 — Assessment (5 minutes)
Require students to respond to the following final exit-ticket prompt on the back of the discussion prompt sheet:
-
- How important is the existence of an Independent and active press to your life, today? Explain why.
Differentiation
If time is short, you could drop either the video or handout and complete the discussion prompts and discussion with only one set of quotes.
If more background is needed by students on press rights, you may have the class view “Freedom of the Press: Crash Course Government and Politics #26” (https://www.youtube.com/watch?v=Vtpd0EbaFoQ) before this lesson.
Assessment
Skim through the “exit ticket” responses to judge understanding of the reasoning provided.
Extension
In a future class, you could further discussion by providing (anonymously) some of the responses to the exit-ticket question and asking for some additional thoughts related to those.
Students could also be asked to find one additional quote concerning the free press that they most agree (or disagree) with and then explain why. Some decent sources of additional quotes would be the following:
Article, Speaking of a Free Press, American Newspaper Association Foundation
Wiki website, Freedom of the Press
Brainy Quotes website, Free Press Quotes
Particularly if this is for a journalism class, students could be asked to evaluate their own publication and how well it has kept students informed about the local school powers (administrators, district officials, etc.) and possibly how well they have been active in holding them accountable (in an objective, truth-based manner). What are some stories (or some information) that have been missed and/or should be covered? What are some questions that should be asked of local school community leaders?
Read MoreJEA is proud to sign
Statement in Support of Freedom of the Press
“In the First Amendment the Founding Fathers gave the free press the protection it must have to fulfill its essential role in our democracy. The press was to serve the governed, not the governors. The Government’s power to censor the press was abolished so that the press would remain forever free to censure the government.” Supreme Court Justice Hugo Black
As organizations committed to the First Amendment right of freedom of speech and the press, we are alarmed by the efforts of the President and his administration to demonize and marginalize the media and to undermine their ability to inform the public about official actions and policies.
Such efforts include the President’s refusal to answer questions posed by a reporter from CNN because the President asserts it promotes “fake news”; charges that the media “manipulated” images of the inauguration; false accusations that the media has covered up terrorist attacks; and repeated claims that the media is “failing” and “dishonest.” All of this recently culminated in the President calling the New York Times, CBS, CNN, ABC, and NBC News “the enemy of the American People!” and in the exclusion of representatives of various media outlets from a press briefing. In these and other examples, the President and his designees have attempted to villainize and discredit the press for any reporting he dislikes. However, the job of the press is not to please the President but to inform the public, a function that is essential to democracy.
The expressions of disdain for the press and its role in democracy by federal officials send a signal to state and local officials. In the aftermath of an election season that witnessed outright intimidation of journalists in communities around the country, there is a compelling need for highly placed federal officials to acknowledge the crucial role of a free press under our Constitution and the responsibility of government officials at all levels to respect it. In one chilling example, multiple individuals who identified themselves as journalists were arrested, detained, and charged with felonies while simply doing their job: reporting on Inauguration Day protests in Washington, D.C. Those arrests were made by local police and pursued by the U.S. Attorney’s Office, both of which displayed an alarming lack of concern for fundamental constitutional rights. The fact that those charges have since been dropped suggests that the arrests were unwarranted and highlights the need for our nation’s leaders to set national policy that unequivocally supports a free and independent press and the public’s right to know.
Our Constitution enshrines the press as an independent watchdog and bulwark against tyranny and official misconduct. Its function is to monitor and report on the actions of public officials so that the public can hold them accountable. The effort to delegitimize the press undermines democracy, and officials who challenge the value of an independent press or question its legitimacy betray the country’s most cherished values and undercut one of its most significant strengths.
The First Amendment protects the right to protest, dissent, and petition government for a redress of grievances, but these rights cannot be exercised without a free press that provides information to the public. Together, these rights represent the constitutionally sanctioned method for the public to oppose government policies and activities and to seek change. The wisdom of this system can be seen in parts of the world where such a right does not exist, or is not honored, and violent opposition is the only available avenue to express opposition or remedy injustice.
We condemn in the strongest possible terms all efforts by elected and appointed officials to penalize, delegitimize, or intimidate members of the press.
March 2, 2017
Endorsed by:
Alliance for Community Media
Alliance for Media Arts + Culture
American Association of Law Libraries
American Booksellers Association
American Civil Liberties Union
American Civil Liberties of the
District of Columbia
American Copy Editors Society
American Library Association
American Society of Business
Publication Editors
American Society of Journalists and Authors
American Society of Magazine Editors
American Society of Media Photographers
American Society of News Editors
Arizona Press Club
Asian American Journalists Association
Associated Collegiate Press
Associated Press Media Editors
Associated Press Photo Managers
Association of Alternative Newsmedia
Association of American Editorial Cartoonists
Association of American University Presses
Association of Food Journalists
Association of Health Care Journalists
Association for Education in Journalism and
Mass Communication
Association of Research Libraries
Association of Schools of Journalism
and Mass Communication
Authors Guild
Bill of Rights Defense Committee/Defending
Dissent Foundation
CCTV Center for Media & Democracy
Center for Media and Democracy
Center for Responsive Politics
Center for Scholastic Journalism
College Media Association
Colorado Press Women
Comic Book Legal Defense Fund
Committee to Protect Journalists
Demand Progress
Education Writers Association
Freedom of the Press Foundation
Freedom to Read Foundation
Free Press
Free Speech Coalition
Electronic Frontier Foundation
Institute for Nonprofit News’
Investigative Reporters and Editors
Journalism and Women Symposium
Journalism Education Association
Kurt Vonnegut Museum and Library
Local Independent Online News Publishers
Media Freedom Foundation
Media Law Resource Center
Military Reporters and Editors
National Association of Black Journalists
National Association of Hispanic Journalists
National Association of Science Writers
National Coalition Against Censorship
National Federation of Community Broadcasters
National Press Foundation
National Press Photographers Association
National Scholastic Press Association
National Society of Newspaper Columnists
National Writers Union
Native American Journalists Association
New England First Amendment Coalition
North American Agricultural Journalists
Online News Association
OpentheGovernment.org
PEN America
People For the American Way Foundation
Project Censored
Radio Television Digital News Association
Reporters Committee for Freedom
of the Press
Reporters Without Borders
Silha Center for the Study of Media Ethics
and Law
Student Press Law Center
Sunlight Foundation
The Media Consortium
The NewsGuild-CWA
Tully Center for Free Speech
Unity: Journalists For Diversity
Washington Area Lawyers for the Arts
Washington-Baltimore News Guild
Women’s Media Center
Woodhull Freedom Foundation
Additional Endorsers:
City and Regional Magazine Association
Community of Literary Magazines and Presses
New York Financial Writers’ Association
Overseas Press Club
Small Press Distribution
The Investigative Fund at The Nation Institute
Read MoreFree speech?
Protests and the national anthem: FSW lesson
Title
Analyzing and creating meaningful discussion about free speech issues over protests during the national anthem
Description
Discussion on whether refusing to stand during the national anthem is an acceptable and effective form of protest have grown in recent months. This lesson enables students an opportunity to research and clarify their views as they share them with others.
Objectives
- Students will analyze legal and ethical aspects of the issue.
- Students will share their findings.
- Students will discuss what they find.
- Students will report their position on the issue using information gathered from research and discussions.
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.9-10.4 | Determine the meaning of words and phrases as they are used in a text, including figurative, connotative, and technical meanings; analyze the cumulative impact of specific word choices on meaning and tone (e.g., how the language of a court opinion differs from that of a newspaper). |
| CCSS.ELA-Literacy.RI.9-10.5 | Analyze in detail how an author’s ideas or claims are developed and refined by particular sentences, paragraphs, or larger portions of a text (e.g., a section or chapter). |
Length
60 minutes for two days
Materials / resources
Access to internet resources on the issues of standing for the Pledge of Allegiance by citizens in and outside schools.
Access to the US Supreme Court decision in West Virginia State Board of Education v. Barnette.
Background on this issue:
The teacher would share these quotes introduce the assignment and to background the issue.
From Kentucky Governor Matt Bevin: ““I think it’s disgusting, frankly, I can appreciate the fact that people have freedom of speech, people can stand for, figuratively and literally, things that they choose to, but to use an opportunity to denigrate our nation’s flag — it’s not the flag and it’s not the national anthem itself, what it represents is the sacrifice of one and a half million Americans who died.”
http://mycn2.com/politics/bevin-calls-athlete-protests-during-national-anthem-disgusting
From the court decision: “If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein. If there are any circumstances which permit an exception, they do not now occur to us.”
“We think the action of the local authorities in compelling the flag salute and pledge transcends constitutional limitations on their power and invades the sphere of intellect and spirit which it is the purpose of the First Amendment to our Constitution to reserve from all official control.”
Lesson step-by-step
Step 1 — introduction to the assignment and homework at the end of the session the day before (10 minutes)
The teacher should ask how many students are aware of the varied protests, in and outside of schools, against standing for the Pledge of Allegiance. The teacher would point out the introductory quotes as representative of the sides on this issue.
The class would discuss pros and cons of the issue before the teacher introduces the assignment: researching current events on the issue, examining legal and ethical positions on the issue and preparing a personal position statement either as a letter to the editor to local or national media or in a personal blog.
Stress that students can begin information gathering at home using live sources as well as digital ones.
Day 1 –
Step 2 — Research (15 minutes)
The teacher will remind students of the assignment and give them 15 minutes to add to and organize information they gathered the night before. Students should also begin to formulate a statement of personal position on the issue. Tell them they will be expected to discuss possible positions and arguments during the second 35 minutes.
Step 3 — Discussion (35 minutes)
Ask students to share information they gathered with others in the class. They could have made pro-con lists based on information they gathered and shared.
Then, students could use of PowerPoint, whiteboard or Google Docs to list possible positions and/or questions they might have about the issue. Such lists should be available for student use after class by them copying the lists and positions or having access to the Google Doc.
Focus during the discussion should be to verify information for possible positions, to clarify issues involved, to develop personal positions and support for them. Students should prepare annotated bibliographies for sources they used as a way for all to examine credibility and reliability.
Step 4 — Clarify assignment (10 minutes)
Reiterate the details and purpose of the assignment and ask students to have a draft of the statement of position or blog post for the next day’s class.
Day 2 –
Step 5 — Group coaching and editing (40 minutes)
Students should break into groups of three for peer coaching and position revision. The teacher can move from group to ask questions and offer suggestions as asked. The teacher should not edit student work but encourage peer coaching and editing. Final coaching and editing should enable all student work to be sent to or posted on designated media.
Step 6 — Final discussion and statement emailing or posting (10 minutes)
Conclude the assignment with final discussion and coaching. Assist students as necessary in the mailing and posting of their statement of position.
Step 7 — Assessment (10 minutes)
Have students discuss what they did, how others might react to their statements as well as what they learned about the issue and about issues surrounding it. They should also discuss how they might handle any responses they receive.
Differentiation
Option 1 – Additional media possibilities include broadcast personal statements, video statements or podcasts. Additional lessons could involve pro-con panel discussions or community forums to involve larger groups.
Option 2 – The teacher could organize the class to have a debate whether this form of speech should be allow in society and as a part of school activities. Discussion of the issue and positions on it could take place before the debate. After the debate, students could write a reflection on their views of the issue before and after the debate.
Extension
You could also work with students to assist them in using social media to discuss their experience and what they learned. Another lesson could focus on student reaction to and comment on this comment from Bevin: “If you’re a superintendent, if you’re a principal, if you’re a high school coach, step up, set an example,” Bevin said. “For us to allow everybody to be free range chickens, to not encourage them to know what they are doing and what the impact is and what the denigration of respect is something that is the responsibility of the adults to communicate to these young people.”
- Thanks to Jamie Miller, du Pont Manual High School, Louisville, Kentucky, for sharing information about the Kentucky governor’s quote.
Talking Points about student free expression
Talking Points and terminology related to free expression legislation
With legislation giving students decision-making power over their student media comes questions about roles, purpose and standards. If the school cannot make content decisions who is responsible? What is the role of the adviser? Of students? If the adviser cannot control content, what guidelines will students follow and why?
The Student Press Law Center has said its goal for supporting free expression legislation is to approach the various New Voices Acts as comprehensive educational legislation that will benefit students at each stage of their development, while recognizing the differences between each educational environment.
[pullquote]“A core value of being a journalist is to understand the role of the press in a free society. That role is to provide an independent source of information so that a citizen can make informed decisions. It is often the case that this core value of journalistic independence requires a journalist to question authority rather than side with authority. Thus, if the role of the press in a democratic society is to have any value, all journalists – including student journalists – must be allowed to publish viewpoints contrary to those of state authorities without intervention or censorship by the authorities themselves. Without protection, the freedoms of speech and press are meaningless and the press becomes a mere channel for official thought.”
– Judge Arthur Tarnow, Dean v. Utica Community Schools[/pullquote]
The Talking Points below, and the other materials in this package, might help clarify the importance of legislation protecting free speech and what the various terms – legal and educational – mean.
Points are used with permission from the Student Press Law Center, the Journalism Education Association’s Scholastic Press Rights Committee and JEA’s Principals and the Press initiative.
Talking points
• What do you mean that state legislation rolls back Hazelwood? Isn’t that illegal?
State legislation trumps Hazelwood because it adds to Constitutional guarantees of the First Amendment for all citizens, including students. In effect, it restores Tinker by rolling back Hazelwood.
A student editor of a school-sponsored publication in a state with these laws is entitled to both the protection of The First Amendment and the protection of the state law. To put it another way, Hazelwood establishes the minimum level of high school press freedom that the First Amendment requires. No government official — federal, state or local — may act in a way, nor may lawmakers pass a law or policy, that provides individuals with less free speech protection than that required by the First Amendment, as interpreted in Hazelwood. Nothing, however, prevents state lawmakers from passing a law that requires school and government officials in their state to provide student journalists with more rights than the constitution requires.
• Aren’t the reasons for censorship in Hazelwood still censorable under this new legislation?
No. This legislation reverts to Tinker standards and unprotected speech: libel, material and substantial disruption, unwarranted invasion of privacy and obscenity.
• What are free and journalistically responsible student media?
Responsible student journalists strive for accuracy, completeness and balance to achieve and maintain credibility. The new legislation gives them a greater chance to achieve this practice.
Responsible scholastic journalists thoroughly gather and deliver coherent, accurate and complete content that serves their audience and its need to know – no matter what media platform they use.
Responsible students avoid unprotected speech — libel, unwarranted invasion of privacy, copyright infringement and obscenity – and language that causes a material and substantial disruption of the school day or advocates illegal use of drugs.
Students learn to pursue and act on those standards by making final decisions of content, without review or restraint by adviser or those outside the student media staff.
Administrators can improve their schools’ learning environment by providing open access to information and the freedom to choose topics and sources essential to communities’ various audiences. Responsible administrators empower their teachers to educate students on legal and ethical responsibilities, making prior review and censorship counterproductive and unnecessary.
As Bill Kovach and Tom Rosenstiel say in “The Elements of Journalism,” journalists’ first responsibility is to the truth, and their loyalty is to the citizens they report for.
“Journalism provides something unique to a culture,” the authors write. “Independent, reliable, accurate and comprehensive information citizens require to be free.”
• What if the school has existing policy and school administrators say the law does not apply to existing policy?
New legislation would likely win out over existing policy if the policy were contrary to the wording and intent of the legislation. Prior review, however, might still be allowed so long as administrators or school officials just reviewed and did not demand change or make changes. Prior review, though, would have to be severely limited in terms of time. Read and return by the end of the school day is reasonable.
The SPLC’s Frank LoMonte said, “The (Illinois) legislation doesn’t say speech can be prohibited if the speech violates school policies – it says you can prohibit speech that incites students to violate district policies. I’m sure what they had in mind was stuff that incites people to violate disciplinary rules (truancy, tardiness) that are not actually ‘illegal.’” If a school were to ever actually say, ‘We have a school policy against criticizing the principal’ and tried to override HB 5902 on those grounds, we would gladly challenge it.
• What happens if an adviser is ill-prepared to properly guide students to make the “right” content choices?
We would urge advisers to make use of the myriad of materials available to them from multiple sources. The Student Press Law Center, The Freedom Forum, the national and regional scholastic press associations and the Journalism Education Association all have teaching and background resources. The Scholastic Press Rights Committee also urges advisers to work with students to design a journalistically and educationally sound mission statement for student media, an editorial policy designating student media as public forums, journalistically responsible ethical guidelines that have clear processes students will follow.
All this is not just adviser and student responsibility. School boards and administrators also have an obligation to ensure advisers have adequate access to teaching materials and educational opportunities, including professional organization membership and workshops for teacher/adviser and students.
The reason we have professional organizations like JEA is to better prepare teachers, who may not be trained in journalism, for this important work. Just as some coaches may not have formal training to coach, student media advisers sometimes must learn on the job. This is not a reason to deny students the opportunity to have their voices heard by imposing administrative control over content, which only suppresses critical thinking and halts civic engagement; rather, it is a reason to encourage excellence and to support student responsibility by providing access to resources and training.
• How much is this going to cost schools?
Absolutely nothing. In fact, it might save districts money in the long run by protecting them from legal liability.
• Why shouldn’t students be subject to censorship? After all, commercial journalists are subject to editing.
Editors of commercial media news are not employed by the government; the work they edit is work-for-hire. Student journalists are not employed by the school. School administrators are, in fact, government officials. The First Amendment was crafted to protect U.S. citizens from government censorship. Student speech is protected by the First Amendment, as long as it is lawful and does not cause a “substantial disruption” of the educational process.
The Student Press Law Center provides the legal definition of what is considered, by law, to be “unprotected speech.”
Commercial journalists do not seek permission from their primary sources to publish information and, in fact, have a longstanding tradition of not letting sources see stories before publication. Administrators are primary sources for student journalists. The temptation to censor can be irresistible for administrators, especially in cases when they do not agree with the subject matter or fear that content might reflect poorly on them and their schools.
• Why should we limit the censorship authority of administrators over student media produced on school time with school resources?
Allowing genuine student media outlets that provide students with a meaningful voice on issues that truly matter to them can be a threatening idea to those used to controlling the message. However, we have a First Amendment because, as a nation, we decided that free and independent media play a vital role in our democracy – even if they sometimes are messier than state-controlled media. The fact that student media is produced using school resources does not empower administrators to dictate content. Advisers and administrators are responsible for teaching students so they can make informed content choices.
Fortunately, a number of administrators don’t look upon their student media as adversaries or threats. Instead, they view independent student media as important school assets. They see the value in providing students with forums to express their concerns, and recognize the educational opportunities provided by strong, well-supported student journalism programs.
• Are schools liable for content in student media?
There has never been a reported court decision where a public school or school district has been held legally responsible for content in student media. This legislation ensures that school districts and school administrators are protected from lawsuits. With this law, students would be legally responsible for content in their media – not school officials or school departments.
• Does this legislation give students the right to publish whatever they want?
No. This law does not protect unlawful speech – the same categories of speech that every journalist must avoid (libel, material that invades a person’s legal right to privacy, obscenity as to minors, etc.). The law also imposes an additional category of speech restriction specific to schools: High school students cannot publish speech that would materially and substantially disrupt normal school activities. This establishes a meaningful balance between administrative authority to maintain a safe and effective learning environment and student free speech rights.
• What about the questionable stories published in student media?
Such incidents have occurred, but they are certainly the exception rather than the rule. The majority of student media outlets practice journalism in a responsible manner.
The ability to cover important issues without censorship, promotes a safe and healthy school environment. Students don’t just complain about the cafeteria food. They confront real issues, especially those which are relevant to teens. While it may make administrators uncomfortable, students often cite real safety concerns in their schools. They may cite the need for repairs that have been ignored, especially those that are outside the public view to which students have access, such as locker rooms, student bathrooms and most classrooms. They often bring about change as a result of their vigilance, courage and honesty. The greater good of the students and staff superaedes the reluctance of administrators to hide the truth. They need to be held accountable by the public for not securing a facility properly. Often, board of education members will discover something that they all have read only in the school newspaper, and will investigate the matter once the conditions are exposed.
• What effects do free student media have on the school climate?
School communities need and deserve stories that reflect the authentic student experience. Giving students a voice actually can help guard against disruptive and potentially dangerous behavior by shedding light on issues of concern and empowering the powerless. In fact, coverage of sensitive and important issues often can effect positive change.
• Is there anything, legally, student journalists cannot print?
Yes. The First Amendment does not cover all forms of speech. According to the First Amendment Center, there are essentially nine types of unprotected speech: obscenity, fighting words, defamation (includes libel, slander), child pornography, perjury, blackmail, incitement to imminent lawless action, true threats, solicitations to commit crimes. For more information, click here.
• What does research report about student learning when they control student media?
A 2015 survey of more than 900 Kansas and Missouri high school journalists indicated students felt more confident about being an engaged and productive citizen where:
• School support of First Amendment protection empowers students
• Faculty and students respect and listen to each other fosters civic journalism
• Lighter teacher control yields greater student confidence
• More practice and experience creates confidence in promoting their involvement
• This matters because empowered student journalists said they felt they would be more critically involved in citizenship responsibilities.
Study results can be found at civicsandjournalists.org
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