First Amendment Press Freedom Award
If you and your students attended the JEA/NSPA convention this past week in KC, you are aware of the courageous fight some teachers and advisers wage against censorship. In some cases they kept their student media operating as designated forums for student expression or as practicing forums for student expression.
Others still continue to fight the good fight. We would like to increase recognition of such programs.
To achieve this, JEA, NSPA, CSPA and Quill & Scroll sponsor the First Amendment Press Freedom Award. Deadline for applying is Dec. 1. To find out more about the award and download an application go here.
If your student media are open forums by policy or practice, please apply. We would love to recognize more of you.
And, if you are forums for student expression, please let us know so we can list your student media as such on Kent State’s Center for Scholastic Journalism website. Recognition forms can be downloaded there.
For other news on current censorship issues:
• The student paper Minnesota Catholic school administrators don’t want seen
• School pulls op-ed pieces (includes links to the student media website)
• Catholic school administrators delete editorials from student media
• Parents challenge school’s ban of “I heart boobies” bracelets
Read MorePuyallup’s Fight for the Right to Write
by Fern Valentine
(Update: See related story.)
As many may remember, in 2008, the Puyallup School District, whose publications had been open forums for over 20 years, was sued over an article in the Jagwire, Emerald Ridge High School’s newspaper. The district immediately instituted prior review despite vocal protests at Board Meetings.
The district won the lawsuit last month and students at all three high schools decided to fight to get prior review revoked and new open forum policies instituted. Their advisers and principals had been instructed to remain hands off on any policy issues.
The four young editors formed a Facebook Group. They met with students and parents at the public library and asked for support. They were careful not to involve any school district employees. They asked the superintendent Dr. Tony Apostle and the School Board to meet with them to revise the restrictive policy.
The superintendent responded he was willing to meet with them and work to create an open forum policy so long as any policy instituted made it clear the district would have no liability for what is published in the school papers. He forwarded the letter to the local media so the editors decided to send out the following press release:
May 16, 2010
Controversy continues over censorship in Puyallup School District
Students organize movement to lobby school board to work collaboratively for revision of policy; press lawyer speaks out against censorship
PUYALLUP — Censorship of school newspapers in the Puyallup School District has led students to form an organization, Fight for the Right to Write, to change the restrictive district policy and regulation. Policy 3220 and Regulation 3220R give the district the powers of prior review and prior restraint over the content of the student newspapers.
On May 3, the students held a meeting at the Puyallup Public Library to inform the public of their cause and what they aim to accomplish. Currently, FFTRTW is rallying community support for their cause and asks supporters to sign their petition to urge to school board to schedule a collaborative meeting with the students.
The students sent emails to the PSD School Board Members and Superintendent Tony Apostle. They have since received a response from Apostle that expressed an openness to working with the students to craft a new policy. Apostle stated in his letter that the students must agree to the single condition that the student journalists and their parents assume financial liability for the content of the papers. This effectively means that the former liability standards of an open forum would be reinstated.
“We will all continue to practice responsible and ethical journalism regardless of any policies that include prior review,” Allie Rickard, Focus Editor of JagWire, said. “What we do want to make clear is that the quality of excellent student journalism that the PSD has been known for in the past cannot continue if the district insists on upholding 3220R and censoring content that does not violate the terms of the regulation. We simply want to be able to write and report on the news, on the truth, without the burden of review and censorship that Regulation 3220R has subjected us to.”
In the latest issue of JagWire, the student-run newsmagazine of Emerald Ridge High School, the most prominent story is only five words long: “This story has been censored.” The article that was supposed to appear in the paper covered the conclusion of the recent lawsuit, MRB vs Puyallup School District.
Allie Rickard, the reporter who wrote the article, decided to withhold the story from being printed after it was censored by Mike Patterson, the attorney hired to represent the district in the trial. This decision was reached following lengthy discussion and negotiation with principal Brian Lowney, JagWire advisor Kevin Smyth, editor Amanda Wyma and district Executive Director of Communications Karen Hansen.
“Patterson’s decision to censor multiple parts of my article was disheartening because it served to exemplify the illegalities the current policy and regulation attempt to vindicate,” Rickard said. “Endeavoring to report on an important event in a respectful, truthful, and well-researched manner should not have brought about this censorship.”
The content of the article that was censored was threefold. The plaintiffs’ names, a quote from Don Austin, attorney for the PSD, and a sentence explaining the meaning of a limited forum were all censored by Patterson.
Mike Hiestand, a lawyer for the Student Press Law Center — a nonprofit group near Washington, D.C. that provides legal help to student media — said that this censorship violates the First Amendment.
“Having government officials read a newspaper before it goes to press and then ordering the editor not to publish accurate, lawful, straightforward information disclosed during a public trial is precisely why we have a First Amendment,” Hiestand said. “We don’t want government officials (or their lawyers) dictating what they think we should and should not know.”
All three high schools in the PSD were informed by Hansen that their coverage of the trial would be prior reviewed by Patterson, instead of being reviewed by the principal of each respective high school, as is the customary practice under Regulation 3220R.
3220R was enacted shortly after the lawsuit was filed against the district. This regulation makes all student activity and expression within the district subject to prior review and restraint.
Since the adoption of 3220R in October 2008, the level of censorship has never reached the level now being experienced by student journalists this year. Four out of the six issues of JagWire have been censored to some extent from singular words to entire stories. The Viking Vanguard, of Puyallup High School, has faced censorship of one graphic and two articles and The Commoner, of Rogers High School, has yet to be censored.
All three papers have struggled to deal with increasing self-censorship from wary staff members.
“Self-censorship is the most detrimental force student journalists suffer from,” Megan Thompson, In-Depth Editor of The Commoner, said. “Our staffs will rebuke valid ideas during brainstorming without even realizing they are self-censoring.”
After the jury found in favor of the PSD in the lawsuit, student journalists began to discuss organizing a movement to work with the district to change 3220R. From this discussion, Fight for the Right to Write was born in late April.
“My adviser has always told us that we aren’t just ‘student journalists,’ we are professionals that just so happen to be students. I strongly believe that all of the PSD papers operate very professionally, so when we decided to fight the censorship that is putting a limit to our education, we decided to work as a team,” Rebecca Harris, Editor-in-Chief of The Viking Vanguard, said. “I called up everyone within a day of the jury’s decision.”
The recent censorship of Rickard’s article has served to reinforce to the students that now is the time to ask to school board to work with them to formulate a new policy since the current one has now been shown to be flawed.
“This latest occurrence of censorship within our publication has only reiterated why we have been and will continue to fight,” Wyma said. “Watching valuable and informative quotes and stories being stripped away from the paper and, ultimately out of the hands of our readership, is one of the most frustrating and unfortunate things to witness.”
For more information on the group, contact:
Allie Rickard
Focus Manager
JagWire, Emerald Ridge High School
ak_rickard@msn.com
Becca Harris
Editor in Chief
The Viking Vanguard, Puyallup High School
becca.k.harris@gmail.com
Megan Thompson
In-Depth Editor
The Commoner, Rogers High School
meganmthompson@live.com
Amanda Wyma
Editorial Board, A&E Editor
JagWire, Emerald Ridge High School
amandawyma@hotmail.com
Fight for the Right to Write
fightfortherighttowrite@gmail.com
www.fightfortherighttowrite.com – under construction
Facebook & Twitter – Search Fight for the Right to Write
Read MoreStopping prior review one fight at a time
Marie Miller, publications adviser in Fauquier County, Virginia, posted this to the JEA listserv today. With censorship and prior review constantly in the news, we thought her points should be repeated to show prior review can be prevented short of court battles.
Information about Miller’s situation can be found on the SPLC site and earlier reporting here.
The post
In these days when so many disputes involve censorship and restriction of student media, I wanted to share some good news about working with administrators to develop a workable publications policy that allows student publications to continue to practice sound journalism.
As background, last summer the Fauquier Co School Board adopted a very restrictive publications policy that decreed that student publications were not forums for student expression and that the principal was the editor in chief of all publications with students serving as assistants. This policy was promulgated by the Virginia Association of School Boards (VASB), a group that develops policy positions for a wide variety of issues. Apparently, a nearly identical policy has been adopted in surrounding jurisdictions (Fredricksburg and Culpeper). I learned about the policy in mid Sept. from another adviser who questioned whether she could allow her students to publish opinion pieces and editorials under it.
As the policy appeared to require prior review and we were about a week from publishing, my first step was to ask my principal when he planned to review the issue and to notify him that I would finish the year as adviser, but that I would not continue after that. My principal has always supported student press rights, has had faith in my ability to advise the paper, and has never wanted to exercise prior review. He forwarded my concerns to the superintendent’s office and what ensued was an intense series of emails, meetings, and negotiations.
Ultimately, the School Board adopted a revised publications policy on Dec. 14 designating student publications as limited forums for student expression subject to restraints on speech under the Tinker standard. Student leadership of the publications was restored and an appeals process was put in place under which students can challenge censorship by either a principal or an adviser. There are still some areas to be addressed (namely, the implication in the policy that ethical guidelines could be a basis for censoring student speech), but our newspaper continues to operate much as it always has — as a public forum.
Things that helped:
• From the start, Frank LoMonte of the SPLC was proactive and extremely helpful with advice and guidance both to me and my editor in chief. I cannot say enough good things about him and the SPLC.
• The JEA listserv provided invaluable background and support. Because of the list, I knew how student publications should operate and what progressive policies looked like. (I have also been teaching the fundamentals of student press law for the past six years, although I did not expect to have to draw on that background in this way)
•The support of my principal and the open-mindedness of the superintendent. We would not have gotten far without both. My principal was put in the middle of a conflict he didn’t want, but he supported the independence of the student newspaper. The superintendent was truly concerned with what was good for the students. He was impressed with the idea that prior review would lead to self-censorship even under the best of circumstances. He also voluntarily read the Principal’s Guide to Scholastic Journalism published by Quill & Scroll. He was not concerned, however, that the county was assuming additional financial liability under the new policy, and this issue was a non-starter.
• The policy was not adopted in response to any recent controversy. The county simply did not have a policy and adopted the one recommended by professional organization.
• We are geographically close to Fairfax, that bastion of progressive education and top-notch publications. The revised policy is modeled on the Fairfax policy.
• The negotiations never got ugly. Everyone maintained a reasoned and reasonable approach, although the students were angry. The students started a petition and quickly gained over 200 signatures. They also formed a Facebook group. We wrote an article and published two editorials about the policy, and the local newspaper published an editorial about the low-key, silent way in which the initial policy was enacted. The SPLC contacted administrators who were reluctant to comment. Moderate pressure is probably a good thing, but it also could have hardened positions.
• Our paper has a good reputation in the community and has done fairly well in state and national evaluations, which makes administrators proud. One of our former editors, Caleb Fleming, was selected as the national collegiate reporter of the year this past fall. The program was developed under Peg Culley who was the adviser for 26 years and entrusted to me for the past six. Reputation and continuity of advisers were big pluses.
• Students are at a real disadvantage in these battles. Too often advisers are concerned for their own positions to challenge the decisions of the administration.
• Awards/recognition from outside groups are important. Groups like CSPA should continue to recognize good journalism from student publications that are not subject to prior review. Also, it would have been very helpful if the Virginia High School League (VHSL) had a policy discouraging prior review.
Miller indicated anyone wishing additional information could contact her at millermarie0227@GMAIL.COM
Read MoreResources
Reporting censorship checklists
Resources for journalism educators and students to use when reporting censorship incidents.
• Censorship checklist for advisers
• Censorship checklist for students
Teaching resources for press rights and ethics
Summaries and resources for journalism educators and empowered journalism leaders. These resources are good starting points for those who need materials to supplement their programs.
Web sites about the use of anonymous sources
- http://www.ajr.org/Article.asp?id=1596 (This article from the American Journalism Review discusses the controversy surrounding the O.J. Simpson case. It presents individual viewpoints on the pros and cons of using anonymous sources.
- http://www.poynter.org/column.asp?id=49&aid=64013 (Links to several sources related to the usage of anonymous sources, including a survey which showed that several professional publications never allow them, are part of this article.)
- http://www.nytimes.com/2009/03/22/opinion/22pubed.html (Clark Hoyt, the public editor for the New York Times discusses how difficult it is to follow the paper’s anonymous quote policy.)
- http://www.apme.com/committees/credibility/052705anonymous.shtml (The Associated Press presents three guidelines as to when anonymous quotes would be acceptable. The AP says reporters should always proceed with the assumption that all quotes will be on the record.)
- http://www.usatoday.com/new/opinion/columnist/neuharth/2004-01-16-neuharth_x.htm (Three reasons why the Associated Press allows anonymous sources in this article might be guidelines for student publications. The site also defines “on the record, “off the record,” “background” and “deep background.”
Web sites about prior review and prior restraint
- http://ncacblog.wordpress.com/2009/03/04/1845/ (The National Coalition Against Censorship created this blog about prior review. It has a link to another article entitled “Prior Review—A Student Press Nightmare.”
- http://www.jea.org/about/statements.html (This site takes you to JEA’s home page and provides links to JEA Policies, including ones on prior review, the advisers code of ethics and a position statement on photo manipulation.)
- http://legal-dictionary.thefreedictionary.com/Prior+Restraint (The Free Dictionary defines prior restraint and presents a history of its usage since the NEAR V. MINNESOTA)
Web sites about libel
- http://www.expertlaw.com/library/personal_injury/defamation.html (Aaron Larson from ExpertLaw defines defamation, libel and slander. He also goes into the defenses available for anyone accused of defamation, and he defines public figures.)
- http://www.utsystem.edu/ogc/intellectualproperty/libelfrm.htm (This source raises questions to help determine if someone has been libeled. It also includes possible defenses against claims of defamation.)
- http://journalism.about.com/od/ethicsprofessionalism/a/libel.htm (The basics of libel and libel law are clear in this article. In addition, it clarifies the differences between public officials and private individuals, and it discusses the Times vs. Sullivan U.S. Supreme Court case.)
- http://techdirt.com/articles/20090329/2229284297.html (The article on this site discusses copyright and libel questions as they relate to Twitter. The author discusses two cases and concludes that “we’re in for a long series of lawsuits and legal threats to do with Twitter messages.)
- http://www.legaline.com/2009/02/think-you-know-libel-law-think-again.html (The Noonan v. Staples case in a federal appeals court in Boston ruled that truth is not always an absolute defense against libel. A true statement said with malice can still be libelous. Media Law discusses this case in a blog about freedom of the press.)
Web sites about photo manipulation
- http://www.cs.dartmouth.edu/farid/research/digitaltampering/ Photo tampering has occurred throughout history. This site shows tampering of photos from 1860-2009.)
- http://graphicssoft.about.com/od/digitalphotoethics (Faked photos are becoming harder to detect, according to this site, which includes the National Press Photographer’s Code of Ethics Statement of Principle. There’s also a link to an article by Bonnie Meltzer, entitled “Digital Photography: A Question of Ethics.)
- http://sree.net/teaching/photoethics.html (This site includes “famous” examples of digitally manipulated photos. It also has links to other articles about this topic.)
- http://weburbanist.com/2010/01/02/mind-bending/ (Erik Johansson shows on this site how one can create surprising images by combining art with digital photos.)
- http://www.aphotoeditor.com/2009/09/18/is-photo (This essay discusses the question “Is Photo Manipulation Bad for Photography?” He concludes by saying when someone asks if a photo is real, the answer should be “yes.”)
- http://www.poynter.org/content/content_view.asp?id=47384
- (Ken Irby from the Poynter Institute discusses the manipulation policy of the Sarasota Herald-Tribune in this article. The article also provides links to other policies, including ones by the Washington Post, the New York Times, the St. Petersburg Times, and the Kansas City Star.)
Web sites about Invasion of privacy
The First Amendment Handbook, The Reporters Committee for Freedom of the Press
http://www.rcfp.org/handbook/c02p01.html
This resource explains the five different kinds of Invasion of Privacy as they relate to the practice of journalism: Intrusion, publication of private facts, false light, and misappropriation.
Libel & Privacy Invasion
http://www.splc.org/legalresearch.asp?maincat=4
This resource is thorough and specific to issues concerning the student press. Topics include:
1. A Dozen Tips to Avoid Being Burned by a Hot Story
2. SPLC Legal Brief on Invasion of Privacy Law
3. Saying ‘Yes’ – What the law says about minors ability to consent without parent permission
4. Special Delivery – A legal guide to handling and publishing material that has (possibly) been illegally obtained and provided by third parties
5. Surveying the Law – A legal and practical guide for student media wanting to conduct and publish news and opinion surveys on campus
Web sites about invasion of privacy
- http://www.rcft.org/photoguide/ninekeys.html (In this photographer’s guide to privacy article, the author suggests nine points to consider to help avoid invasion of privacy lawsuits.)
- http://www.ehow.com/how_2124040_avoid-invasion-privacy-charge.html (By reading this article, readers will be able to distinguish the difference between journalism that creates liability for invasion of privacy and journalism that is protected by state law and the First Amendment.)
Copyright
1. www.templetons.com/brad/copymyths.html
10 Big Myths About Copyright
This essay clarifies 10 copyright myths facing anyone in publications. It assumes you know at least what copyright is— basically the legal exclusive right of the author of a creative work to control the copying of that work.
The site asks the question, provides the true/false answer and then offers a clear explanation of the reasoning behind the decision. It could be particularly useful as you begin a discussion of copyright.
2. www.splc.org/legalresearch.asp?maincat=6
The definitive document on copyright as it relates to student media, the Student Media Guide to Copyright Law provides basic copyright information written in simple terms. Parody, fair use, trademark, patent laws and plagiarism are also discussed. The SPLC Copyright Duration Calendar allows students to determine if materials are still under copyright protection.
3. www.jeadigitalmedia.org/law-and-ethics/online-law/85-copyright-plagiarismandaudiomaterial.org
This site provides specific information about copyright as it relates to music and audio. It offers several resources student may use to acquire public domain music.
Accuracy and fact checking
1. www.kcnn.org/principles/accuracy
The Knight Citizen News Network hosts an extensive site on fact checking. A variety of presentations including a slide show of reporters discussing the fact-checking process, a screencast of how to make corrections, a tip sheet, confessions of mistakes made all round out the materials presented.
Lesson plans, complete with objectives, activities and supportive materials provide quick access to fact checking projects. A Guide to the Lesson Plans offers information on how to implement the plans. Materials include a dictionary, tools of the trade with five tips to avoid deception, a guide to fact checking and a guide to help determine accuracy of internet sources. Subject matter is taken from professional publications but is up to date and entertaining for students. Interactive activities include puzzles, mysteries critical thinking. Teachers may want to adapt some of the content for scholastic journalism.
3. www.wikihow.com/fact-checik-a-wikihow-article
Offers tips for fact checking the accuracy of information found on Wiki.
4. www.unc.edu/~ffee/teaching/accuracyhtm
Knight Professor of Editing at Ohio University Frank Fee offers 44 practical tips to guarantee greater accuracy in stories. It’s a good resource for teachers.
For additional information a great source is Chip Scanlon’s NewsU course Get Me Rewrite: the Craft of Revision. Information about that course is available at www.NEWSU.org
6. Detroit Free Press Accuracy checklists
http://www.editteach.org/special/editingthefuture/07_Holt/handouts/DetFreePAccuracyChecklist.pdf
This list by John X. Miller is through and helpful.
Resources for First Amendment Rights for students
1. http://www.splc.org/legalresearch.asp?maincat=1
This provides links on press rights for students at public and private junior high and high schools
It includes links for virtual lawyers and had the top ten questions students ask and their answers.
2. http://www.firstamendmentcenter.org/about.aspx?item=glossary
This glossary defines terms relevant to First Amendment issues. It has a search site for more information.
3.http://www.highschooljournalism.org/teachers/lessonplans/detail.cfm?lessonplanid=295
This provides lesson plans for a unit on student press law and ethics. It was prepared by Carolynne Knox, Ruidoso High School, Ruidoso, N.M.
4. http://www.gallup.com/poll/17281/censorship-teens-bow-school-control.aspx
This poll gives statistics on student opinions about control of content of student publications.
Journalistic Ethics
1. www.highschooljournalism.org
–Decisionmaking
“Journalistic Scenarios” by Jeff Nardone, Grosse Pointe South High School, Grosse Pointe, MI
Lesson plan that provides list of editor/editorial board decisions for students to answer
–Editorial Writing
“Editorials on Ethical Issues” by Mark Waldeland, Prior Lake HS, MN
Detailed unit plan (Scholastic Journalism text) includes references
–Journalism Ethics
“An Ethical Framework for Journalists” by Karl Grubaugh, Granite Bay High School, Granite Bay, CA
•Lesson plan (three days plus) to help students practice making ethical decisions using real-life situations and how editors really handled the challenges
• “Lessons to be learned: The Importance of Attribution, Accuracy and Honesty”
by Jennifer Seavey, Thomas Jefferson High School for Science and Technology, Alexandria, VA
•Lesson plan addresses importance of accuracy and honesty as related to ethical practices. Includes resources to Janet Cooke, Stephen Glass, Mike Barnicle plagiarism case studies.
• “Defining a Code of Ethics” by Amanda Gentine, Learning Enterprise High School, Milwaukee, WI
From definition to values, this lesson plans details content and timeline for a relevant look at ethics complete with brainstorming ideas.
• “Ethics and Hazelwood: What Student Journalists Should and Could Write” by Lance Dillahunt, East Hampton High School, East Hampton, NY
Lesson plan directs students to consider relationship of code of ethics to Hazelwood and Tinker decisions.
Ethics and Diversity
•Everyday Ethics by Kelly McBride
Articles/columns related to current situations involving the media. Resource for advisers and students
•Guiding Principles for the Journalist by Bob Steele
Concise coverage including commentary and analysis
•Covering Victims: Storytelling with Power and Respect by Bob Steele
Real-life case of ethical decision to run or not run a graphic photo of teenager shot to death. Steele discusses the dilemma, arguments and relationship to ethical decisions
•Online Journalism Ethics: Guidelines from the Conference
Discussion of online ethics following a conference at Poynter in 2006. Reference to Bob Steele’s article, “Helter Skelter no More: An Evolving Guidebook for Online Ethics”
•Ask These 10 Questions to Make Good Ethical Decisions
Bob Steele of Poynter Institute offers 10 questions to springboard critical thinking of journalism ethics.
•Tip Sheet Archive
Recently archived stories from ethics blogs and chats on topics ranging from photo manipulation to comparison/contrast of two suicides, two newsrooms and two decisions. (2004-2009)
•10 Steps to Better Decisions on Deadline
Jacky Hicks addresses leadership skills and ethical practices to improve publications
3. www.asne.org
•No Train, No Gain
A link to ethical resources
•The American Society of News Editors Collection of Ethics Resources
A link to codes of ethics at news organizations and professional journalistic associations
4. www.spj.org
At home page go to ethics link for countless teaching tools, resources and case studies.
•News Ethics in the Digital World
Article discusses updates in code of ethics to include online journalism including facebook and twitter
Websites for Malice
1. http://www.answers.com/topic/actual-malice
This site discusses the New York Times Co. v Sullivan Supreme Court case in 1964 and how it relates to malice. The court said that the term “actual malice” was confusing, so judges should use the phrases “knowledge of falsity” and “reckless disregard as to the truth.”
This site is a complete glossary of terms related to malice—perhaps more terms than you would want to teach, but it’s all here.
Advertising
http://www.splc.org/report_detail.asp?id=1492&edition=49
This site gives legal advice on frequently asked questions about advertising and many other legal issues.
FERPA
http://www.ed.gov/policy/gen/guid/fpco/ferpa/mndirectoryinfo.html
This shows that the U.S. Dept. of Education shows exclusion of FERPA information for use in yearbooks, production programs, honor lists and team listings unless parents have specifically asked their students be excluded. It does not mention other student publications but a yearbook is definitely a students publication so a school newspaper might be included as well certainly as to information about sports teams and school productions.
http://splc.org/legalresearch.asp?id=77
This 2005 Student Media Guide to FERPA can help. However, this law and its applications change often. The Student Press Law has up to date information about cases, etc. Go to http://splc.org and search FERPA from their site for the newest information. Contact them for specific questions about a local situation. The law is scheduled to be updated so you need to keep current.
http://www.studentpress.org/nspa/trends/~lawspring00hs.html
This site from 2000 gives some guidelines. It says as follows:
Where the new policies directed at student media miss the mark is that FERPA only restricts the release of information by school officials. Outside parties – including student reporters, who are neither employees nor agents of the school – are not covered by the law. As the U.S. Department of Education, the agency charged with enforcing FERPA, has said: “FERPA was not intended to apply to campus newspapers or records maintained by campus newspapers. Rather, FERPA applies to ‘education records’ maintained by an educational agency or institution, or by a person acting for such agency or institution.”
JEA Position Statements: Prior Review
The Journalism Education Association, as the nation’s largest association of scholastic journalism educators and secondary school media advisers, denounces the practice of administrative prior review as serving no legitimate educational purpose. Prior review leads only to censorship by school officials or to self-censorship by students with no improvement in journalistic quality or learning.
Better strategies exist that enhance student learning while protecting school safety and reducing school liability.
School administrators provide leadership for just about every dimension of schools. They set the tone and are crucial in a meaningful educational process. Undeniably, administrators want their schools’ graduates to be well-educated and effective citizens. Often, school or district missions statements state this goal explicitly. JEA supports them in that effort.
So, when the Journalism Education Association challenges the judgment of administrators who prior review student media, it does so believing better strategies more closely align with enhanced civic engagement, critical thinking and decision-making.
Prior review by administrators undermines critical thinking, encourages students to dismiss the role of a free press in society and provides no greater likelihood of increased quality of student media. Prior review inevitably leads to censorship. Prior review inherently creates serious conflicts of interest and compromises administrator neutrality, putting the school in potential legal jeopardy.
Without prior review, administrators retain better strategies that support journalism programs. Such approaches include:
• Working with students cooperatively to be good sources for stories
• Hiring qualified advisers and journalism teachers
• Building trust in the learning and communication process in a way that also lessens liability concerns of the school system
• Offering feedback after each publication
• Increasing dialogue among school staff and students, thus encouraging outlets of expression that strengthens school safety
• Expanding school and community understanding and appreciation of the value of free – and journalistically responsible – student media
• Providing necessary resources to support and maintain publication programs, including financial support, master schedule preferences, development opportunities and time
These strategies, and others listed below can enhance the influence of administrators without intruding on student control of their media as outlined by court decisions and the First Amendment.
Administrators can and should:
• Foster appreciation for America’s democratic ideals by inspiring students and their advisers to practice democratic principles through free student media
• Hire the most qualified educator to teach and advise or help one without solid journalism background become more knowledgeable. This allows the educator to provide training so students can better become self-sufficient as they make decisions and practice journalism within the scope of the school’s educational mission and the First Amendment
• Trust and respect their advisers, their student media editors and staff as the students make decisions
• Maintain dialogue and feedback to protect and enhance student expression, to afford students real input in the process, and to broaden their opportunities to excel
Teachers and advisers can and should:
• Model standards of professional journalistic conduct to students, administrators and others
• Emphasize the importance of accuracy, balance and clarity in all aspects of news gathering and reporting
• Advise, not act as censors or decision makers
• Empower students to make decisions of style, structure and content by creating a learning atmosphere where students will actively practice critical thinking and decision-making
• Encourage students to seek other points of view and to explore a variety of information sources in their decision-making
• Ensure students have a free, robust and active forum for expression without prior review or restraint
• Show trust in students as they carry out their responsibilities by encouraging and supporting them in a caring learning environment
Student journalists can and should:
• Apply critical thinking and decision-making skills as they practice journalistic standards and civic responsibility
• Follow established policies and adopt new ones to aid in thorough, truthful and complete reporting using a range of diverse and credible sources
• Seek the advice of professionally educated journalism advisers, teachers and other media resources
• Maintain open lines of communication with other students, teachers, administrators and community members
• Operate media that report in verbal and visual context, enhancing comprehension and diverse points of view
• Develop trust with all stakeholders – sources, adviser, administration and fellow staffers
JEA Board of Directors
Adopted April 16, 2009
Read More
The worst legal problem in scholastic media
“What’s the legal problem you fear the most?” That’s always the first writing assignment for JMC47003, the Teaching High School Journalism class at Kent State. Students are Integrated Language Arts majors….and most would rather die than teach journalism. The class is a requirement, but they see only Shakespeare and poetry in their futures.
So what DOES worry them?
Generally, their topics fall into one of three categories: libel or copyright violation or censorship. If the criteria for worrying is based on statistics, they don’t need to worry about about defamation, but the other two are worth their concern.
Libel cases don’t happen that often, according to the Student Press Law Center. In fact, those that even make it to court are virtually nonexistent when it comes to high school media. Besides, so many red flags could alert students — and advisers — to defamation. Are you saying something BAD about someone? Is it true? Does it say the person did something illegal? Why do readers need to know? That’s an ethical question, but it’s a good one nonetheless.
Copyright violation is pretty easy to combat, too, especially after checking the SPLC Web site. You didn’t take the photo? Do you have written permission to use it? No? Better not. Yes, some items come under the heading of fair use, but that’s not too common, and why not push your own photographers to localize in the first place?
However, censorship and its cousin prior review aren’t so easy to combat. Sure, if you live in one of the “anti-Hazelwood” states, you have legislation on your side. And if you have a board-approved policy setting your media up as a forum of student expression, you have some safety there.
But lately even those protections haven’t been so strong. California schools, with the most long-standing AND most recent free expression legislation, have had some issues. Pennsylvania, with its administrative code, has schools under the gun with administrators naming themselves editors. Districts with strong policies have decided to rethink what’s on the books.
So what’s a current or future adviser to do? Is there reason to worry? Current statistics don’t even give us a good glimpse of how pervasive prior review and censorship are. It’s only when a situation hits the media — the principal pulls an article that might make the school look bad or keeps a stack of papers from being distributed — that we find out what’s going on. Then we know, though we don’t know how much student media is routinely reviewed and how many principals “suggest” some topics never reach their audiences.
The second part of the paper my future teachers write focuses on what they would do about this legal issue, either how they would prevent it or react if it happens. Perhaps the best suggestion to them and to others: Keep current on legal issues. Know what protections your state affords. Train your students to understand their rights and responsibilities and to fight for them if someone tries to take them away. Develop allies on the school board, with parents, in the community.
It’s also valuable to develop a good relationship with administrators, which doesn’t mean letting them call all the shots. Be sure they know the student journalists’ mission and how they work on a regular basis. Let them sit in on a good, rousing editorial board meeting where it’s clear the staff discusses and wrangles over topics and angles and doesn’t just publish without thinking. Trust makes a big difference here.
That’s what most of the students in Teaching High School Journalism decide. Legal battles in traditional English classes are rare. The administration doesn’t call those teachers into the office too often. But does their course content have an impact on the whole school or community? How often do they really make a difference?
Bottom line: Wanting to teach Shakespeare or poetry has its merits. However, teaching journalism and advising student media may have potential legal battles but will definitely have an impact.
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