The fight for First Amendment rights has escalated
by Stan Zoller, MJE
Needless to say, a staple in any beginning journalism course is (or should be) understanding the First Amendment. Many educators go to great lengths, and rightfully so, to make sure their students know the five freedoms guaranteed (religion, speech, press, assembly, petition).
The 45 words are engrained in our, and hopefully our student’s, heads from the days of J-1 and for the rest of our lives.
We know them.
We defend them.
And we expect our government to abide them.
Sadly, the key word in the previous sentence is expect. However, recent stories have indicated that is not the case.
Both The Washington Post and CNN have revealed situations in which the Trump Administration sought to interfere with the practice of a free press.
On May 7, the Post reported:
“The Trump Justice Department secretly obtained Washington Post journalists’ phone records and tried to obtain their email records over reporting they did in the early months of the Trump administration on Russia’s role in the 2016 election, according to government letters and officials.”
Almost exactly two weeks later, on May 20, CNN moved a story that said almost exactly the same thing when it reported:
“The Trump administration secretly sought and obtained the 2017 phone and email records of a CNN correspondent, the latest instance where federal prosecutors have taken aggressive steps targeting journalists in leak investigations.”
Be concerned. Very concerned.
The fear facing the American public at large is that the very principles of our democracy continue to come under attack by government officials who seek to manipulate the Constitution for their own personal vendettas. The assault on the American media, in this case by the Trump Administration, is little more than effort to erode the trust in the media among the American people.
While there may be warts in journalistic practice by some scribes, the reality is that the institution that is the American media is pretty damn good – largely because the framers of the Constitution saw to it that Americans deserved a press that was free of government interference.
Journalism curriculums at all levels need to be tweaked to take into consideration the current climate of battering of the media. For high school educators, the challenge is more daunting. No longer can student journalists embark on journalism because it’s fun or because they have a friend on staff.
It has become a rumble. A street fight.
The challenge for student, if not all, journalists, is echoed in the oath given to the President of the United States to “…preserve, protect and defend the Constitution of the United States.” By upholding the intent of the First Amendment, student journalists are in essence following the oath. Obviously, scholastic journalists need to understand and practice the full breadth of power and responsibility they have under the First Amendment.
And with this power and responsibility comes something else. Something that may usurp the joy and fun of being a student journalist.
The challenge. Not the challenge of getting a good grade. Not the challenge of meeting deadlines or accurate reporting.
The challenge “from above.” The proverbial trickle-down effect.
The new and now seemingly sad reality, is that interreference by those “in power” who see fit to try and impede the First Amendment Rights of journalists – including student journalists.
In the past, solid reporting and fact checking were the main spears needed to ward off an attack by overzealous administrators, community activists and, sadly, even parents who want to impede the educational process based on their own biases.
Journalism educators need to step up their coaching of student journalists when it comes to identifying support for their First Amendment rights. The obvious first steps are JEA’s Scholastic Press Rights Committee and the Student Press Law Center. Beyond these two pillars of support for scholastic journalism, advisers and students should reach out and connect with state and congressional representatives who understand the need for a free and responsible student press and that fabrications that students don’t have First Amendment rights are unwarranted and unfounded.
Students and advisers should also look for support from organizations like American Civil Liberties Union (ACLU) and the League of Woman Voters. Both groups have regional or local chapters that more than likely be willing to work with students.
The challenge for student, if not all, journalists, is echoed in the oath given to the President of the United States to “…preserve, protect and defend the Constitution of the United States.” By upholding the intent of the First Amendment, student journalists are in essence following the oath. Obviously, scholastic journalists need to understand and practice the full breadth of power and responsibility they have under the First Amendment.
Stan Z0ller
Scholastic press associations should consider initiatives to step up their efforts to initiate or support New Voices legislation.
The need has always been there. Now, however, the stakes are greater than ever before.
The defense of First Amendment rights can no longer be penciled into a unit in a course curriculum, or on a poster during Scholastic Journalism Week or Constitution Week.
Like the ongoing assault, the defense must be ongoing.
We don’t have a choice.
We need to be concerned. Very concerned.
Read MoreTeaching law and ethics so it MEANS something
by Candace Bowen, MJE
Teaching law and ethics isn’t easy. Most beginning teachers have discovered the hard way that some methods just don’t work. JEA members taking the MJE certification test often have spent far too much time wrestling with the question that asked for a three-week lesson plan on the topic and not having enough time to answer the rest of the questions.*
For instance, dividing their journalism class into groups and having each research a scholastic media court case is one that sounds good at first but often bombs. Sure, they can report on the armbands the Tinkers and Chris Eckhardt wore and end with the famous line: “Students (and teachers – they often forget that part) don’t shed their constitutional rights … at the schoolhouse gate.”
Read MoreSuggestions for student media mission, legal, ethical and procedural language
Model Staff Manual: Use Constitution Day as a way to compare your staff policies and guidelines — or use it for students to craft their own — to our sample staff manual.
Originally presented to the 2019 Adviser Institute in New Orleans, this material provides important models that can be adapted of essential mission, legal, ethical and procedural language for student media.
Remember, adapt these guidelines and samples to fit your locality and needs, and:
- Give credit for ideas you adapt
- Don’t just copy someone else’s policy, ethical guidelines or statements. Think about what the models say, what they mean to you and your communities. Clearly separate policy from ethical guidelines and procedures that carry out this process of building a foundation
- Words can mean different ideas to different people. To King George III of England the colonials were terrorists; to Americans, the British army were oppressors and Washington was a hero. Clarify your mission, policy, ethical guidelines and procedures so they have common and precise meanings
- Ask us questions about using the manual concept for all your media. Integrated, the mission, policy, ethical guidelines and procedures form the foundation of responsible journalism.
Clearly separate policy from ethical guidelines and procedures that carry out this process of building a foundation.
JEA-SPPRC
Sample mission statement:
_____________ (school name) student media provide complete and accurate coverage, journalistically responsible, ethically gathered, edited and reported. Student-determined expression promotes democratic citizenship through public engagement diverse in both ideas and representation.
Sample board policy statement (others are at link as well):
[NAME OF SCHOOL] student media are designated public forums in which students make all decisions of content without prior review by school officials.
Sample editorial policy:
“[NAME OF STUDENT MEDIA] are designated public forums for student expression in which students make all final content decisions without prior review from school officials.”
Role of student media:
The NAME OF PUBLICATION/PRODUCTION has been established as a designated public forum for student editors to empower, educate and advocate for their readers as well as for the discussion of issues of concern to their audience. It will not be reviewed or restrained by school officials prior to publication or distribution. Advisers may – and should – coach and discuss content during the writing process.
Because school officials do not engage in prior review, and the content of the NAME OF PUBLICATION/PRODUCTION is determined by and reflects only the views of the student staff and not school officials or the school itself, its student editorial board and responsible student staff members assume complete legal and financial liability for the content of the publication.
Electronic media (including online, broadcast and podcast media) produced by NAME OF PUBLICATION/PRODUCTION students are entitled to the same protections – and subjected to the same freedoms and responsibilities – as media produced for print publication. As such they will not be subject to prior review or restraint. Student journalists use print and electronic media to report news and information, to communicate with other students and individuals, to ask questions of and consult with experts and to gather material to meet their newsgathering and research needs.
NAME OF PUBLICATION/PRODUCTION and its staff are protected by and bound to the principles of the First Amendment and other protections and limitations afforded by the Constitution and the various laws and court decisions implementing those principles.
NAME OF PUBLICATIONPRODUCTION will not publish any material determined by student editors or the student editorial board to be unprotected, that is, material that is libelous, obscene, materially disruptive of the school process, an unwarranted invasion of privacy, a violation of copyright or a promotion of products or services unlawful (illegal) as to minors as defined by state or federal law. Definitions and examples for the above instances of unprotected speech can be found in Law of the Student Press published by the Student Press Law Center.
The staff of the NAME OF PUBLICATION/PRODUCTION will strive to report all content in a legal, objective, accurate and ethical manner, according to the Canons of Professional Journalism developed by the Society for Professional Journalists. The Canons of Professional Journalism include a code of ethics concerning accuracy, responsibility, integrity, conflict of interest, impartiality, fair play, freedom of the press, independence, sensationalism, personal privacy, obstruction of justice, credibility and advertising.
The editorial board, which consists of the staff’s student editors, OR HOWEVER THE DECISION IS MADE will determine the content, including all unsigned editorials. The views stated in editorials represent that of a majority of the editorial board. Signed columns or reviews represent only the opinion of the author. NAME OF PUBLICATIONPRODUCTION may accept letters to the editor, guest columns and news releases from students, faculty, administrators, community residents and the general public.
Content decisions:
Final content decisions and journalistic responsibility shall remain with the student editorial board. NAME OF PUBLICATION/PRODUCTION will not avoid publishing a story solely on the basis of possible dissent or controversy.
The adviser will not act as a censor or determine the content of the paper. The adviser will offer advice and instruction, following the Code of Ethics for Advisers established by the Journalism Education Association as well as the Canons of Professional Journalism.
JEA Adviser Code of Ethics, Role of the adviser
Role of the adviser
The adviser will not act as a censor or determine the content of the paper. The adviser will offer advice and instruction, following the Code of Ethics for Advisers established by the Journalism Education Association as well as the Canons of Professional Journalism. School officials shall not fire or otherwise discipline advisers for content in student media that is determined and published by the student staff. The student editor and staff who want appropriate outside legal advice regarding proposed content – should seek attorneys knowledgeable in media law such as those of the Student Press Law Center.
Ethical guidelines
Letters to the editor (if accepted by staff):
We ask that letters to the editor, guest columns or other submissions be 300 words or less and contain the author’s name, address and signature. All submissions will be verified.
The NAME OF PUBLICATION/PRODUCTION editorial board reserves the right to withhold a letter or column or other submission and return it for revision if it contains unprotected speech or grammatical errors that could hamper its meaning. Deadlines for letters and columns will be determined by each year’s student staff, allowing sufficient time for verification of authorship prior to publication.
Corrections:
Staff members will strive to correct errors prior to publication; however, if the editorial board determines a significant error is printed, the editorial board will determine the manner and timeliness of a correction.
Advertising:
The NAME OF PUBLICATION/PRODUCTION editorial board reserves the right to accept or reject any ad in accordance with its advertising policy. Electronic manipulations changing the essential truth of the photo or illustration will be clearly labeled if used. The duly appointed editor or co-editors shall interpret and enforce this editorial policy.
Ownership of student work:
Absent a written agreement indicating otherwise, student journalists own the copyright to the works they create. Each media outlet should ensure it has clear policies in place for staff members and the publication that spell out ownership and the right of the publication to use student work.
Controversial coverage:
Final content decisions and responsibility shall remain with the student editorial board. NAME OF PUBLICATION/PRODUCTION will not avoid publishing a story solely on the basis of possible dissent or controversy.
Prior Review:
Sources do not have the right to review materials prior to publication. Allowing sources to preview content at any stage of production raises serious ethical and journalistic practice questions. Reporters, following media guidelines or editor directions, may read back quotes that are either difficult to understand, unclear or may need further explanation.
Take down demands:
SCHOOL NAME student media is a digital news source, but it is still part of the historical record. STUDENT NEWS MEDIA NAME’S primary purpose is to publish the truth, as best we can determine it, and be an accurate record of events and issues from students’ perspectives. Writers and editors use the 11 “Put Up” steps before publication to ensure the validity, newsworthiness and ethics of each article. For these reasons, the editorial board will not take down or edit past articles except in extraordinary circumstances.
If someone requests a takedown, the board may consider the following resourcefor questions and actions.
Regardless of the outcome, the Editor-in-Chief will respond in writing to the request explaining the board’s action(s) and rationale for the final decision.
Unnamed sources:
Journalism is based on truth and accuracy. Using unnamed sources risks both of those standards. For that reason, students should seek sources willing to speak on the record. Unnamed sources should be used sparingly and only after studentsevaluate how the need for the information balances with the problems such sources create.
Occasionally, a source’s physical or mental health may be jeopardized by information on the record. In this instance, journalists should take every precaution to minimize harm to the source.
Obituary:
In the event of the death of a student or staff member, a standard, obituary-type recognition will commemorate the deceased in the newspaper and online news site. A maximum one-fourth page feature, or similar length for each obituary, should be written by a student media staff member and placed on the website within 24 hours and in the newspaper at the bottom of page one.
For the yearbook, if the fatality happens prior to final deadline, the staff might include feature content as the editors deem appropriate. For those unofficially affiliated with the district, the editor(s)-in-chief should determine appropriate coverage, but should not include an official obituary.
For more information
- Foundationspackage.
- Priorreview-restraint.
- QuickTips.
- JEA AdviserCode of Ethics.
- Choosingthe right forum
For past Constitution Day materials, go here.
Now things are different in Des Moines
John Tinker signs a black armband for two Callanan Middle School students. They told he and Mary Beth about causes that mattered to them. (photo by Candace Bowen)
by Candace Bowen Second in a series
Des Moines schools, how you have changed since early winter 1965.
That’s when a high school principal got wind of a pending Vietnam War protest – reportedly when his school’s newspaper adviser showed him a story about it for the next issue. He and his fellow principals decided suspensions would be the punishment for anyone who did this.
Read MoreLet’s celebrate a #tinkerversary
by Candace Bowen, MJE
First of a series
“I had no idea our small action would lead to something so consequential,” Mary Beth Tinker told Smithsonian.com recently.
Now, 50 years after the Supreme Court ruled in Tinker v. Des Moines students and teachers don’t “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate,” it’s clear Mary Beth, her brother John and Chris Eckhardt have made a difference in the voices of students for generations.
Read More