Student media policy may be
the most important decision you make QT4
Guideline
Students should understand while they can and should adopt best legal practices and ethical guidelines for their publication, the school district’s or school board’s media policy (if one exists) could impact the legal and ethical decisions of student editors.
Key thoughts/Action: Possible guidelines (three options)
This reality does not preclude students from exercising their best ethical judgment. Rather, it is an incentive for them to advocate for their role and for district-level policy that protects student journalists.
Possible policy 1:
[NAME OF SCHOOL] student media are designated public forums in which students make all decisions of content without prior review by school officials.
Comment: This contains only the basic statement of journalistic responsibility. It is usable at the board level to outline the basic principles of external oversight, leaving the process to other internal packages, like ethics guidelines and staff manuals. This removes from consideration the possibility of board attempts to change process-oriented direction.
A short statement like this clearly establishes the principles and responsibilities that guide all other statements. With no prior review added to it, it has the three crucial points in a policy: (1) designated public forum status in which (2) students make all final decisions regarding content and (3) do so without prior review. Decisions on matters such as letters, bylines, staff disciplinary actions, coverage of death and more are best detailed in ethical guidelines and staff manuals.
Possible policy 2:
[NAME OF SCHOOL] student media are designated public forums in which students make all decisions of content without prior review from 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.
[NAME OF MEDIA] 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.
Comment: Again, this board-level model policy removes process details from being points of board action or meddling. It also introduces educational and philosophical language to give administrators insight into and understanding of why student media do what they do. It can aid in community understanding and support of the forum process.
This policy is slightly longer because it adds philosophical wording to support the decision-making without review. This policy could be effective at the board level because it allows others points to be explained in the ethics guidelines and staff manuals.
Possible policy 3:
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 students these values, both by lesson and by example.
For these purposes, as well as to teach students responsibility by empowering them to make and defend their own decisions, school-sponsored student news media, print or online, at
[NAME OF SCHOOL] are established as designated public forums for student expression in which students make all final decisions of content.
Such news media will not be reviewed by school officials outside the adviser in his/her coaching role or restrained by school officials prior to, during, or after publication or distribution.
Therefore, material published in school-sponsored news media may not necessarily reflect the opinions or policies of the [NAME OF SCHOOL] District, and neither school officials nor the school are legally responsible for their content.
Students are protected by and bound to the principles of the First Amendment and other protections and limitations afforded by the U.S. Constitution and the various court decisions reaffirming those principles.
Comment: This is the same as model two but also includes a statement that student media do not intend to reflect the opinions of school authorities. Like model two, this model addresses the educational value of student media and attaches these issues to legal language. The three essential points made in earlier models appear here as well.
For any free expression policy:
Designated forum: This language (designated forum in policy or practice) should be included in policies at board or publication level because all public forums are designated either by action or inaction (unless the board clearly says otherwise). Being silent as students operate as a forum is really permitting a designated forum.
Social media post/question: Student media policy may be the most important decision you make. What should your student media policy contain?
Stance
The staff manual may include copies of the school board media policy along with publication-level media policy. Furthermore, the staff manual may provide procedures for students to address school administration in the case of a disagreement or policy issue. Students should consider including in the staff manual guidelines for proposing policy changes to the school board or petitioning the district (e.g., How does a student request to be put on the agenda for a school board meeting?).
Reasoning/Suggestions
- Obtain a copy of the school district’s media or student expression policy.
- Compare district policy to your publication-level policy and identify potential areas for misunderstanding or conflict (e.g., the district policy is more restrictive of student speech/press).
- Make a plan to advocate change in the district’s policy that would align it more closely with how the staff actually operates, and why.
- Student editors should recognize that they, not the adviser, are best suited to advocate their role. Advisers must navigate a difficult line as employee and should not be put in a position to defend student work.
- Consider advocating for a state law that would protect student free expression rights.
Resources
Lesson: Developing a Presentation for Your School Board, Journalism Education Association
The Foundation of journalism: policies, ethics and staff manuals JEA SPRC
Rethinking Your Forum Status, JEA SPRC
What Do I Do When I’m Censored?, Student Press Law Center
Model Guidelines for High School Student Media, Student Press Law Center
Model Legislation to Protect Student Free Expression Rights, Student Press Law Center
Read More
What should go into an editorial policy?
What should not? QT3
Editorial policies are the foundations for your journalism program. Often short, these statements address forum status, who makes final decisions of content and prior review.
Think of it this way: a strong policy is prescriptive. It says what students will do. A policy is like a constitution and sets the legal framework for student media.
We strongly discourage the inclusion of ethical guidelines or procedures and process in policy documents because ethics and staff manual procedures are suggestive. That means topics like byline suggestions, font choices and how to handle unnamed sources should not be same document as policy. Topics, procedures and details do not have the same purpose as policy.
These points and other decisions about mission statement, forum status and editorial policy should be part of a Foundations Package that protects journalistically responsible student expression and anchors staff manuals.
Question: What should go into an editorial policy? What should not?
Editorial policies are the foundations for your journalism program. Often short, these statements address forum status, who makes final decisions of content and prior review.
We recommend this wording as a basic policy statement: “[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.”
Other models could include more material and wording to explain the value of student decision-making, historical or educational reasoning.
[pullquote]Quick Tips are small tidbits of information designed to address specific legal or ethical concerns advisers and media staffs may have or have raised. These include a possible guideline, stance, rationale and resources for more information. This is the third in the series[/pullquote]
A guideline is a stance on an ethical topic. A guideline is more open to change by student staff to staff.
Beyond that, SPRC suggested models could include editorial guidelines (although we recommend several as ethical process and procedures) like:
- Role of student media
- Ownership of student content
- Handling death
- Advertising decisions
- Handling letters/comments
- Policy consistently applied across all platforms
A procedure is a way to do something. These might include how students answer the phone in the room or how they check out a camera. Procedures are how students carry out the policy and implement ethical guidelines. All are part of the staff manual but are clearly separated from policy so their roles are clearly distinct.
Stance:
Think of it this way: a strong policy is prescriptive. It says what students will do. A policy is like a constitution and sets the legal framework for student media.
We strongly discourage the inclusion of ethical guidelines or procedures and process from policy documents because ethics and staff manual procedures are suggestive. That means topics like byline suggestions, font choices and how to handle unnamed sources should not be same document as policy. Topics, procedures and details do not have the same purpose as policy.
Resources: The foundations of journalism: policies, ethics and staff manuals
JEA Scholastic Press Rights Committee
Related: These points and other decisions about mission statement, forum status and editorial policy should be part of a Foundations Package that protects journalistically responsible student expression.
Read MoreJEA statement on student free expression
in a vibrant and flourishing democracy
The Journalism Education Association, at its board meeting in Seattle Washington April 6, unanimously passed the following statement:
To address current negativity toward news media in general and misunderstanding of its roles in a democracy, the Journalism Education Association reiterates its principles and practices that nourish a lifelong commitment for a vibrant and flourishing democracy.
We strongly believe free student expression as taught and practiced in journalism classes anchors successful scholastic media. So empowered, our programs showcase the importance of news and media literacy, civic engagement, critical thinking and decision-making as the core of lifelong involvement in a democracy.
To protect our democracy and its principles:
- JEA reaffirms its position that the practice of journalism is an important form of public service to prepare students as engaged, civic-minded citizens who are also discerning information creators and users.
- JEA will recognize, promote and support strong editorial policies with each media outlet as a designated public forum for student expression where students make all final content decisions without prior review or restraint.
- JEA will encourage all journalism teachers and advisers to strongly encourage diversity, accuracy and thoroughness in content so student media reflect and make sense to communities they serve.
- JEA will produce sample editorial policies and accompany them with model ethical guidelines and staff manual procedures that enhance and implement journalistically responsible decisions across media platforms.
- JEA will encourage journalism teachers and media advisers, even if they must teach and advise under prior review or restraint, to recognize how educationally unsound and democratically unstable these policies and rules are.
- JEA will insist student free expression not be limited by claims related to program funding or equipment use. Instead, journalism programs should showcase student civic engagement and practice democratic principles no matter what media platform is used.
- JEA will demonstrate, to communities in and out of school, through its actions, policies, programs and budgeting, its commitment to an informed, vibrant nation where free expression is expected and practiced as part of our diverse American heritage.
Additionally, we believe groups we partner with and endorse should faithfully support principles of free student expression for student media.
Read MoreTerms connected with
student free press legislation
Terms concerning free expression legislation
- Prior review is the practice of school administrators – or anyone in a position of authority outside the editorial staff – demanding that they be allowed to read (or preview) copy prior to publication and/or distribution.
Prior review itself is a form of prior restraint. 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.
This state legislation does not prevent prior review. However, every major journalism education organization have spoken against it, saying it has no educational value and is only the first step toward censorship.
- Prior restraint occurs when school officials – often after they have read material (prior review) – do something to inhibit, ban or restrain its publication.
Prior restraint prevents a complete and often factual story or set of facts from being told.
It often prevents an accurate account of the topic or issue from being told
- Forum for student expression
A public forum is created when school officials have “by policy or by practice” opened a publication for use by students to engage in their own free expression.
In the Hazelwood decision, the Court said it believed both the policy and practice at Hazelwood East High School reflected school officials’ intent to exercise complete control over the student newspaper’s content. That finding prompted the Court to say a designated public forum did not exist.
Nevertheless, student publications at other schools with different policies and different practices relating to editorial control can be public forums. Where student editors have been given final authority over content decisions in their publications or where a school policy explicitly describes a student publication as a designated public forum, the Tinker standard will still apply.
If you’re developing a new policy or altering current policy to reflect changes in state law, the Scholastic Press Rights Committee recommends using language that reads something like this:
[Name of publication] is a designated public forum for student expression. Student editors make all content decisions without prior review from school officials.
- Public forums by policy: An official school policy exists that designates student editors, within clearly defined limitations (no libel, obscenity, etc.), as the ultimate authority for determining content. (A publication’s own editorial policy does not count as an official school policy unless some school official has formally endorsed it.) School administrators 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.
- Public forums by practice: A school policy may or may not exist regarding student media, but administrators take a hands-off approach and empower students to control content decisions. For some period of time, there has been no act of censorship by administrators and there is no required prior approval of content by administrators. Advisers teach and offer students advice, but they neither control nor make final decisions regarding content. (Principals Guide)
This link describes the types and is basis for summary to be added here: http://jeasprc.org/tweet2-choosing-your-forum-status-is-like-choosing-the-best-medicine/
Read this article by Mark Goodman on forum status: http://jeasprc.org/questions-about-public-forum-status/
Administrators like to talk of responsible or accountable student media. We agree, but want to couch the terms this way: journalistic responsibility.
Journalistic responsibility includes accuracy, context, completeness and verification. Your first responsibility, as student journalists, is to present truth as best you can find it to your various communities in such a way that empowers them to make effective decisions that enhance democracy.
Such a definition precludes prior review, prior restraint and other limitations that would distort or render student reporting inaccurate or inaccurate.
- Codes of ethics
Codes of ethics are recommended journalistic guidelines. As such they propose journalistic practices akin to professional standards. But, they are not requirements. No professional journalism organization forces its members or practitioners to adhere or to follow them.
JEA’s Adviser Code of Ethics establishes Best Practices for teaching and advising journalism and student media. NSPA’s Student Code of Ethics is but one model code for students. Another, used by many student media as a model is the Society of Professional Journalists Code of Ethics.
JEA recommends establishing a board -level editorial policy, media mission statement, media-level policy, media codes of ethics for students with a strong staff manual on the processes students will use to practice ethical guidelines.
The policy statements should show student media as designated public forums for student expression where students make all final decisions of content without prior review. For detailed information on wording and process for these guidelines, go to the SPRC’s Foundations package.
Relevant court cases
- Tinker: The Tinker Standard (1969) protects student speech unless it is libelous, an invasion of privacy or creates a “clear and present danger” or a “material and substantial disruption” of the school.
- Hazelwood: The Hazelwood decision (1988) allowed administrators to easily justify censorship of legitimate speech in curricular settings. The following states have this protection. Click on each state to see their law.
Common legal definitions (as defined by the SPLC):
- Libel: Any published communication – words, photos, pictures, symbols – that falsely harms a person’s reputation. Libel is written; slander is spoken defamation. A five of these elements must be present for there to be libel: publication, identification, harm, falsity and fault. Provable truth is an absolute defense against libel.
- Invasion of privacy: The right to privacy is not explicitly guaranteed by the Constitution, and not all elements recognized by all states. The four types of invasion of privacy are: Public disclosure of private and embarrassing facts; Intrusion; False light and Misappropriation
- Obscene as to minors: True obscenity is not protected speech; identifying it easier said than done. Profanity and nudity are not in themselves obscene. To be determined as obscene, something must meet all three tests: material has no serious literary, political, artistic or scientific content; predominantly appeals to the prurient, shameful or morbid interest of mines and patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for minors and is utterly without social importance for minors
- Material and substantial disruption: The Tinker standard. Claims of material and substantial disruption must have factual support, which can include “reasonable forecast” of disruption “Undifferentiated fear or apprehension of disturbance” or a “mere desire” to avoid unpopular views does not qualify. Sometimes referred to as “clear and present danger” in legislation.
Specific legislation language (Illinois)
- School official: A school principal or his or her designee
- School sponsored media: Any material prepared, substantially written, published or broadcast by student journalists and available to others outside the classroom
- Student journalist: Any public high school journalist who gathers, compiles, writes, edits, photographs, records or prepares information for dissemination in school-sponsored media
• Student media adviser: An individual employed, appointed or designated by a school district to supervise or provide instruction relating to school-sponsored media.
Read More
Build a strong foundation by locking in
pieces of the puzzle called journalism
Part 1 of a series on fitting the pieces of the journalism puzzle:
Knowing where to start
by Candace and John Bowen
Preparing student media for a new year often begins with design- and theme-planning. For a good number this includes summer workshops for training in reporting platforms, visual reporting approaches and the latest in apps and across-platform developments.
We hope such training also includes the basics of law and ethics. Often, we fear it does not.
Because we believe a basic understanding of legal and ethical issues is key to the puzzle of a successful year of sound journalistic media, we’d recommend the solid foundation of journalism basics to support the 2015-16 year and beyond.
Ensure students understand their legal rights and responsibilities before publication and provide them with activities and resources to prepare them for the rigors of publishing and decision-making.
Our training list to start the year and continue through it would be organized something like this:
• Outline the goals and mission of your student media
Like a road map, a goals and mission statement frames direction for student media. A mission statement presents the underlying principles student media adhere to. Goals suggest specific accomplishments used in following the mission. Both establish the how and why for students and communities alike. Like a road map, students may choose different paths from year to year but the outcome stays fixed: thorough, accurate and credible journalism.
Resources:
– New values (JEA SPRC Press Rights Minute)
– April Fool’s Editions, “Don’t be a fool” (JEA SPRC Press Rights Minute)
– Balance and objectivity (JEA SPRC Press Rights Minute)
– The role of student media (JEA Scholastic Press Rights Committee)
– The role of the adviser (JEA Scholastic Press Rights Committee)
– Mission statement development (JEA Scholastic Press Rights Committee)
– JEA Model Mission statement (JEA Scholastic Press Rights Committee)
• Train staff and editors in legal principles across platforms
Even though students might embrace online media, legal and ethical basics provide a framework for digital media now and what is yet to come. While there might be some changes, the basics of unprotected speech and the importance of knowing legal background won’t change in the foreseeable future.
Resources:
– Law of Student Press, book from the Student Press Law Center, also available on Kindle
– Student Press Law Center
– JEA Scholastic Press Rights Committee
– Public forum overview (JEA Scholastic Press Rights Committee)
– Principal’s Guide to Scholastic Journalism (Quill & Scroll and JEA Scholastic Press Rights Committee)
– Legal Guides (Student Press Law Center)
• Ensure board- and/or publication-level policies are in place
Strong board of education level and publication editorial policies reinforce principles student media use to reach their mission. Strong and effective editorial policies, carefully worded, protect not only student media but also school systems if legal issues arise. Lack of careful wording is worse than no policy at all. Policies reflect the publication’s values and commitments. Ideally, the most effective policies establish student media as designated public forums, without prior review and where students make all content decisions.
Resources
– The Foundations of Journalism: policies, ethics and staff manuals (JEA Scholastic Press Rights Committee)
– Board of education- and publication level- models (JEA Scholastic Press Rights Committee)
– Board media policies (JEA SPRC Press Rights Minute)
– Why avoiding prior review is educationally sound (Quill & Scroll Principal’s Guide)
– Eliminating prior review (JEA SPRC Press Rights Minute)
• Train staff and editors in ethical principles across platforms
Even though students might embrace online media, ethical basics provide a compass for print and digital media now and for what is yet to come. Practice in and knowledge of ethical critical thinking provides principles for journalistically responsible reporting. Reinforcement of ethical practices builds student publications steeped in ethical fitness.
Resources:
– JEA Adviser Code of Ethics (JEA Scholastic Press Rights Committee)
– Online ethics guidelines for student media (JEA Scholastic Press Rights Committee)
– Questions student staffs should discuss before entering the social media environment (JEA Scholastic Press Rights Committee)
– SPJ Code of ethics (Society of Professional Journalists)
– Critical thinking, ethics and knowledge-based practice in visual media (Journalist’s Resource)
• Establish, for online or print, a content verification process
While this might have been part of skills-oriented summer workshop training and practice, its importance goes without question. Verification, credibility, context and accuracy are the reporting cornerstones of journalism. Each is rooted in establishing a rigorous ethical process.
Resources:
– Planning and gathering information/producing content (JEA Scholastic Press Rights Committee)
– Getting it right (JEA SPRC Press Rights Minute)
– Journalism as a discipline of verification (American Press Institute)
– Verification (JEA Scholastic Press Rights Committee)
• Clarify who owns content
To avoid issues if someone tries to sell your yearbook content online or you want to sell photos, determine ahead of time who owns the content of student work. It’s important to plan this ahead of incidents.
Resources:
– Who Owns Student Content? (JEA Scholastic Press Rights Committee)
– Back to School: Who Owns What? (Student Press Law Center)
– Contribution to Collective Work U.S. Copyright Office
• Develop guidelines for handing takedown demands if online
Fielding requests for takedown demands is increasingly a decision student media have to make, either from reporters after they have left school or from sources because they do not like the story. Choices are limited, and involve ethical thinking.
Resources:
–Takedown demands (JEA Scholastic Press Rights Committee)
–Responding to takedown demands (Student Press Law Center)
–Takedown requests (JEA SPRC Press Rights Minute)
Without an understanding of rights and responsibilities – the “could we?” and “should we?” of producing media, staffs can have the most attractive layouts imaginable and captivating story-telling, but they could still make legal and ethical mistakes that would ruin their chance to produce anything else for their audience.
Part 1: Build a strong foundation
Part 2: Careful preparation creates strong mission statements
Part 3: Points to avoid
Part 4: Fitting the pieces into a strong Foundation
Read More