JEA board defines prior review
The JEA Board of Directors passed the following definition of prior review at its meeting April 15:
Prior review occurs when anyone not on the publication/media staff requires that he or she be allowed to read, view or approve student material before distribution, airing or publication.
Prior restraint occurs when someone not on the publication/media staff requires pre-distribution changes to or removal of student media content.
Prior review itself is a form of prior restraint and 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.
JEA’s Scholastic Press Rights Commission will publish FAQs about the definition and handling situations in the near future.
Read MoreRiding out the storm should involve future planning
Scholastic media have important information to convey, this year probably more than ever. In far too many communities, school media are the only source of such information in a news desert created when local and sometimes even larger newspapers have folded in recent years. As we work our way through the storm that is 2020, student-run journalism should learn to anticipate what’s coming next, and how to avoid negative impact.
Part 2 of multiple parts
by John Bowen, MJE
For most high schools, school looms in the coming weeks when students – and advisers – face more of what 2020 can throw at them. Already this fall, journalism programs have faced unforeseen challenges.
• In a state with freedom of expression legislation, student journalists withstood threats demanding prior review, which is often not prohibited by state legislation. The school’s superintendent came to the students’ defense, explaining protection for student free expression.
• In a state trying to pass free expression legislation, school officials made even stronger threats of prior review when students and community members publicized school actions.
• In another state, student photographers were suspended for taking photos of students crowded in a hallway. Most students pictured did not wear masks. Within a week the school faced increasing numbers of those testing positive. School officials also lifted two students’ suspensions for taking the photos.
• During protests earlier this summer, student journalists found themselves targets of police and federal agents as they attempted to cover national events for local perspectives.
Such challenges will continue.
To stay ahead of problems, students can learn to anticipate plan to avoid problems. Such preventative decision-making and problem-solving builds ethical fitness.
Issues student journalists likely will focus around these:
• As the numbers affected by virus continue remain news, scholastic journalists will face questions about how they report it and related local issues:
–How will HIPAA and FERPA affect reporting of Covid-19 related student issues? Should student-run media try to identify those who tested positive?
–How will journalists handle sources’ requests concerning privacy? How much will your students inform their communities about journalism and privacy?
–What are student rights and responsibilities concerning visual reporting of those involved in massless participation in music, sports event and more. Think photography in crowded hallways.
–What will your audiences need to know about the virus and its effects on education issues, stories your students can do better than anyone else.
–Who speaks most authoritatively on Covid-19 and fallout that surrounds it?
• Election reporting and student media:
–Will your students run political candidate or issue ads, nationally and locally? Some administrators claim student media cannot to that. Research and determine the staff’s view on endorsements and their legality. Check out SPLC’s guidance. Perhaps students don’t want to deal with endorsement. What are pros-cons of that choice?
How will your students report the national election, one on which, some say, will determine the future of democracy in the United States? Should they emphasize the locally important issues? Focus on what voters need to know and the myriad questions that can follow? Would they run only viewpoint pieces?
Questions to help anticipate potential areas of conflict in this time of change
–How would your students explain choosing not to run such ads?
–How will your students report the national election, one on which, some say, will determine the future of democracy in the United States? Should they emphasize the locally important issues? Focus on what voters need to know and the myriad questions that can follow? Would they run only viewpoint pieces?
–How can, or should they factcheck candidates’ claims? What is your obligation to the truth? What is the obligation to call out lies?
–How far will student media go to expose source and information falsity? Is it ethical to plainly call a source a liar?
–What roles, if any, will objectivity, verification, credibility, integrity and knowledge play. Oh, and those are for reporter, columnist and editors as well as sources.
—What ethical planning might student journalists have to make for visual reporting standards when reporting on BLM and protests, police reform and more? For example, should ethical guidelines be changed when identifying protestors, or other participants, to protect their identities.
–How do you determine whose information to cite? Do you have a process to do that? Which student staffers have final say on publishing questionable materials? How do you define questionable? This and this and this and this.
— How good is this story? Professor William Taylor drilled this motto into us in journalism classes: “It isn’t right until it is right.” Who decides what right entails? Right for whom? What’s right: facts, context, implication, perspectives?
–Can voters count on the information to be complete and cohesive enough to cast an informed vote (and we will share more about this in another blog when we look at prior review and restraint and the roe of administrators concerning student media.
—Can/should high school media do this kind of reporting? Why and how? And this.
• Reporting the truth as best you can find it:
–How do you define “responsible?” What is “Responsible Journalism” and who sets the meaning? It is quite common to find a variety of definitions, and that can cause problems. because the term has become a buzzword for control and censorship.
—Is objectivity the gold standard for news journalism? What does it mean; what does it mean in the school setting? Could a photographer also be a “cheerleader,” supporting the team while performing news functions from the sidelines? Is it possible, and this and this.
–How do student journalists choose terminology accurate about other cultures, the economy, education, religion? When is a terrorist not a terrorist?
–To what degree can prior review and restraint alter the truth and accuracy of information? Do voters receive accurate, factual, complete and coherent information upon which to make intelligent, informed decisions?
–What does censorship teach students and adults about whether what they learn about civic engagement, petition and duty is different from reality? What do they do about that new fact?
—What are journalists’ roles now and in the future? How do we help student media be prepared for the changing journalism landscape?
The first piece of this series on preparing student journalists to face change affecting how they complete their obligations and mission. we referred to the “perfect storm” mixing in to a “seething atmosphere of political unease” to go with the virus, protests and the election.
This blog, second in the series, Riding out the storm, is designed to raise questions about additional ethical training student media need. Student journalists can become more adept at anticipating changes to scholastic media and communities it serves, and and in creating alternatives to.
Communities, student and adult, can then take the information they need to factually engage and build desirable futures.
Alone, each of these issues could deeply stress scholastic journalism’s ethical framework. Together, engaging issues and alternatives, we can craft a path to ultimately unify scholastic journalism’s foundation: mission statement, editorial policy, ethical guidelines and application process.
Read MoreWorking to develop ethical fitness
It’s the perfect storm as Covid-19, questions of police brutality and subsequent violent protestor response mix into an already seething atmosphere of political unease. Each of these issues alone could deeply stress scholastic journalism’s ethical framework.
Together, these and many other questions and incidents, will provide scholastic media students with challenges as they strive to become ethically fit as they bring national issues into local perspective.
Mark’s presentation dealt with legal rights and rules when covering protests. Ethical questions are more like whether students should report the incident. How report it? What if….
Information in this blog is created for a presentation to scholastic teachers, advisers and students Aug. 5 through remote connection to an AEJMC workshop. Please feel free to use it. Links are stories illustrating or about the ethical issue.
Law is “will;” ethics is “should.”
Ethical decisions likely will have varying possible solutions, with few rights or wrongs. Ethical thinking is often about the process as much as the decision.
Read MoreForum status of student media
This online lesson guides students through the basics of forum status for student media and the specifics of how it applies to student media. A statement of forum status is an essential part of a staff manual.
Objectives
- Students will demonstrate understanding of forum theories for student media.
- Students will compare and contrast the forum theory concepts with journalism principles, ethics and mission.
- Students will discuss and select a forum theory statement to pair with their mission, editorial policy and ethics statements.
Common Core State Standards
| CCSS.ELA-Literacy.W.9-10.2 | Write informative/explanatory texts to examine and convey complex ideas, concepts, and information clearly and accurately through the effective selection, organization, and analysis of content. |
| CCSS.ELA-Literacy.W.9-10.6 | Use technology, including the Internet, to produce, publish, and update individual or shared writing products, taking advantage of technology’s capacity to link to other information and to display information flexibly and dynamically. |
| CCSS.ELA-Literacy.W.9-10.10 | Write routinely over extended time frames (time for research, reflection, and revision) and shorter time frames (a single sitting or a day or two) for a range of tasks, purposes, and audiences. |
| CCSS.ELA-Literacy.W.11-12.5 | Develop and strengthen writing as needed by planning, revising, editing, rewriting, or trying a new approach, focusing on addressing what is most significant for a specific purpose and audience. (Editing for conventions should demonstrate command of Language standards 1-3 up to and including grades 11-12 here.) |
Length
Based on individual needs
Materials / resources
When your publication is a public forum and when it is not
Choosing your forum status is like choosing the best medicine
Forum status of student media,
Resources for teacher background
Model guidelines for policy choices
What should go into an editorial policy? What should not?
Student media policy may be the most important decision you make
Suggestions for student media mission, legal, ethical and procedural language
Introducing a staff manual package to build a foundation for journalistic responsibility
Ethics codes are invaluable in student journalism, but not as guide for punishment
How to use this guide for ethical use of staff manuals
Muzzle Hazelwood with strong journalism status as an open public forum
Talking points on prior review and restraint
Dealing with unwanted, forced prior review?
Prior review v. prior restraint
Understanding the perils of prior review and restraint
Prior review imposes ineffective educational limits on learning, citizenship
Guidelines, recommendations for advisers facing prior review
Lesson step-by-step
Presentation – Day 1
The teacher will share this link with students. Students will have read this before class time. The teacher will also share this information:
• In the post-Hazelwood world, it is more important than ever for student journalists and their advisers to know what policies their school has adopted relating to student publications or student expression.
The language of those policies (whether they give editorial control to students or keep it in the hands of school officials) and the amount of freedom that students have traditionally operated under at the school can determine whether Hazelwood or Tinker sets the standard for what school officials will be allowed to censor.
Three types of forums are open public, limited public and closed.
• A closed forum: An example of closed is a PTA newsletter. The owner of the forum can control its content. Censorship is allowed. Little learning about the role of a free press in a democracy would take place. Little learning about the various roles of journalism would take place.
• Students have no expectation of freedom of expression.
- Students should have no expectation of learning news or objective journalism.
- Students should have no expectation of creating original pieces.
- Students should have no expectation of decision-making.
- Hazelwood applies
• A limited public forum: A limited forum can be limited to whatever the establisher of the forum wants it to be: a forum for sports coverage, for example. It can be reviewed, or not reviewed, by the originator’s designation. If reviewed, the owner of the forum has all the legal responsibility and control. If not reviewed, the students, for example, could be designated as being in charge and enjoy the freedoms and bear the responsibility. A good many student media fall into this category where school districts trust their students, their advisers and their curriculum. Students learn about the media’s role in a democracy, and about their own civic responsibility. If education about the media’s role in a democracy and learning critical-thinking and responsibility are the school’s mission, then the second type of limited forum is used.
Limited-closed:
• Students have no expectation of freedom of expression
• Students should have no expectation of learning news or objective journalism.
• Students should have no expectation of creating original pieces.
• Students should have no expectation of decision-making.
• Hazelwood applies.
Limited-open:
• Students have an expectation of freedom of expression.
• Students should expect to learn news or objective journalism.
•Students should expect to create original material
• Students should expect to make decision
• Tinker applies if no prior review.
• An open public (designated) forum: The third category is an open forum, much like speakers’ corner in the United Kingdom. Anyone can speak, and the school (government) bears no legal responsibility. Schools can designate student media as open forums by policy or practice. This is noted within the Hazelwood decision, as is a limited open forum with student decision-making control.
Open forums:
• Students have an expectation of freedom of expression.
• Students should expect to learn news or objective journalism
• Students should expect to create original material.
• Students should expect to make decisions.
• Tinker applies if no prior review.
Activity 1
Students will decide which of the following statements they would prefer for their student run media (keeping in mind the various platforms of print, broadcast, yearbook and digital should be under the same policies and their staff manual reflect that), and why they made that choice.
Students will write their choice on the discussion board Student Media Forum Statement the teacher created. Students should choose the forum carefully and refer to it in the policy section of your staff manual. It might also play a role in development of Mission statement.
Statement 1: All school-sponsored student publications and productions are XXXXXXX forums. While students may address matters of interest or concern to their readers/viewers, as XXXXXXX forums, the style and content of the student publications and productions can be regulated for legitimate pedagogical, school-related reasons. School officials shall routinely and systematically review and, if necessary, restrict the style and/or content of all school-sponsored student publications and productions prior to publication/performance in a reasonable manner that is neutral as to the viewpoint of the speaker. Legitimate pedagogical concerns are not confined to academic issues but include the teaching by example of the shared values of a civilized social order, which consists of not only independence of thought and frankness of expression but also discipline, courtesy/civility, and respect for authority. School officials may further prohibit speech that is grammatically incorrect, poorly written, inadequately researched, biased or prejudiced, vulgar or profane, or unsuitable for immature audiences.
Statement 2: [NAME OF SCHOOL] student media are designated public forums in which students make all decisions of content without prior review by school officials.
Freedom of expression and press freedom are fundamental values in a democratic society. The mission of any institution committed to preparing productive citizens must include teaching these values and providing a venue for students to practice these values, both by lesson and by example.
As preservers of democracy, our schools shall protect, encourage and enhance free speech and the exchange of ideas as a means of protecting our American way of life. (This choice can be supported with other students that enhance or explain the position)
Statement 3: The Board designates all school-sponsored student media, with the exception of those originating from classrooms or educational settings not otherwise directly associated with student publications and productions, as XXXXXXX forums whereby students can address matters of concern and/or interest to their readers/viewers. (Under this policy student journalists, content-creators and/or performers involved in these publications/productions have the right/or do not have the right to determine the content of the student media. Social media could be blocked/not blocked, depending on board decision)
Activity 2
After students have chosen and sent their statements to the teacher, the teacher can distribute this information to students Or, save it for another lesson, say on what goes into a policy statement and what does not:
Importance of designated forum status
- There is no requirement that any government agency establish a forum of any kind.
- But once a government does establish a forum, it cannot dictate the content of that forum.
- Jurisprudence sees three types of forums: open, limited, closed.
- The closed forum is a place that traditionally has not been open to public expression. Examples, in schools, could be newsletters or other means of communication not open to public use. So long as restrictions are reasonable and not based on a desire to suppress certain viewpoints, the government may close public access to them.
- The open or traditional public forum is a place with a long history of expression, such as a public park or street corner. The government can only impose content-neutral time, place and manner restrictions on speech in this forum. To override the open, public forum status, the government would have to show a compelling interest.
- The limited forum has the most problematic history. It is a place with a limited history of expressive activity, usually only for certain topics or groups. A meeting hall or public-owned theater are examples. The government may limit access when setting up a forum but may still not restrict expression unless there is a compelling interest. Schools, as government institutions, may, by “policy or practice,” open student media for indiscriminate use by the public or some segment of the public.
- A designated public forum enables students to make decisions of content, thus empowering them to practice critical thinking and civic engagement roles.
- Educational value of the designated open forum is mirrored by the fact most schools have mission statements identifying these as essential life skills for students to learn while in school.
- Prior review and a lack of trust in the product (students) schools are expected to produce undermines the very missions school officials say are among their most important.
- Studies have clearly shown that students, and communities in general, do not understand the importance of the First Amendment. One reason may be that students are not allowed to practice what they are taught while in schools and thus do not believe the theories of the democratic system.
These definitions should help you understand public forums:
- Forums by policy: An official school policy exists that designates student editors as the ultimate authority regarding content. School officials actually 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.
- Forums by practice: A school policy may or may not exist regarding student media, but administrators have a “hands-off” approach and have empowered students to control content decisions. Advisers teach and offer students advice, but they neither control nor make final decisions regarding content.
Assessment
Students should use their answer as the focus for a short position paper:
• In no more than 150 words, craft a position statement why their choice would be best for all their audiences. Submit to the teacher for comment and further use.
Read MoreUpgrade in Virginia policy downgrades student free expression
by John Bowen, MJE
High school journalists in Virginia’s Frederick County recently had their student publications policies upgraded by the school board, the Student Press Law Center reported.
Student journalists say they don’t think much of the changes.
“The newspaper was already censored multiple times last year, and the staff has dwindled from about 30 students a year ago to just 10 this fall,” co-editor Christian Hellwig told the SPLC reporter.
Read More