Talking Points about student free expression
Talking Points and terminology related to free expression legislation
With legislation giving students decision-making power over their student media comes questions about roles, purpose and standards. If the school cannot make content decisions who is responsible? What is the role of the adviser? Of students? If the adviser cannot control content, what guidelines will students follow and why?
The Student Press Law Center has said its goal for supporting free expression legislation is to approach the various New Voices Acts as comprehensive educational legislation that will benefit students at each stage of their development, while recognizing the differences between each educational environment.
[pullquote]“A core value of being a journalist is to understand the role of the press in a free society. That role is to provide an independent source of information so that a citizen can make informed decisions. It is often the case that this core value of journalistic independence requires a journalist to question authority rather than side with authority. Thus, if the role of the press in a democratic society is to have any value, all journalists – including student journalists – must be allowed to publish viewpoints contrary to those of state authorities without intervention or censorship by the authorities themselves. Without protection, the freedoms of speech and press are meaningless and the press becomes a mere channel for official thought.”
– Judge Arthur Tarnow, Dean v. Utica Community Schools[/pullquote]
The Talking Points below, and the other materials in this package, might help clarify the importance of legislation protecting free speech and what the various terms – legal and educational – mean.
Points are used with permission from the Student Press Law Center, the Journalism Education Association’s Scholastic Press Rights Committee and JEA’s Principals and the Press initiative.
Talking points
• What do you mean that state legislation rolls back Hazelwood? Isn’t that illegal?
State legislation trumps Hazelwood because it adds to Constitutional guarantees of the First Amendment for all citizens, including students. In effect, it restores Tinker by rolling back Hazelwood.
A student editor of a school-sponsored publication in a state with these laws is entitled to both the protection of The First Amendment and the protection of the state law. To put it another way, Hazelwood establishes the minimum level of high school press freedom that the First Amendment requires. No government official — federal, state or local — may act in a way, nor may lawmakers pass a law or policy, that provides individuals with less free speech protection than that required by the First Amendment, as interpreted in Hazelwood. Nothing, however, prevents state lawmakers from passing a law that requires school and government officials in their state to provide student journalists with more rights than the constitution requires.
• Aren’t the reasons for censorship in Hazelwood still censorable under this new legislation?
No. This legislation reverts to Tinker standards and unprotected speech: libel, material and substantial disruption, unwarranted invasion of privacy and obscenity.
• What are free and journalistically responsible student media?
Responsible student journalists strive for accuracy, completeness and balance to achieve and maintain credibility. The new legislation gives them a greater chance to achieve this practice.
Responsible scholastic journalists thoroughly gather and deliver coherent, accurate and complete content that serves their audience and its need to know – no matter what media platform they use.
Responsible students avoid unprotected speech — libel, unwarranted invasion of privacy, copyright infringement and obscenity – and language that causes a material and substantial disruption of the school day or advocates illegal use of drugs.
Students learn to pursue and act on those standards by making final decisions of content, without review or restraint by adviser or those outside the student media staff.
Administrators can improve their schools’ learning environment by providing open access to information and the freedom to choose topics and sources essential to communities’ various audiences. Responsible administrators empower their teachers to educate students on legal and ethical responsibilities, making prior review and censorship counterproductive and unnecessary.
As Bill Kovach and Tom Rosenstiel say in “The Elements of Journalism,” journalists’ first responsibility is to the truth, and their loyalty is to the citizens they report for.
“Journalism provides something unique to a culture,” the authors write. “Independent, reliable, accurate and comprehensive information citizens require to be free.”
• What if the school has existing policy and school administrators say the law does not apply to existing policy?
New legislation would likely win out over existing policy if the policy were contrary to the wording and intent of the legislation. Prior review, however, might still be allowed so long as administrators or school officials just reviewed and did not demand change or make changes. Prior review, though, would have to be severely limited in terms of time. Read and return by the end of the school day is reasonable.
The SPLC’s Frank LoMonte said, “The (Illinois) legislation doesn’t say speech can be prohibited if the speech violates school policies – it says you can prohibit speech that incites students to violate district policies. I’m sure what they had in mind was stuff that incites people to violate disciplinary rules (truancy, tardiness) that are not actually ‘illegal.’” If a school were to ever actually say, ‘We have a school policy against criticizing the principal’ and tried to override HB 5902 on those grounds, we would gladly challenge it.
• What happens if an adviser is ill-prepared to properly guide students to make the “right” content choices?
We would urge advisers to make use of the myriad of materials available to them from multiple sources. The Student Press Law Center, The Freedom Forum, the national and regional scholastic press associations and the Journalism Education Association all have teaching and background resources. The Scholastic Press Rights Committee also urges advisers to work with students to design a journalistically and educationally sound mission statement for student media, an editorial policy designating student media as public forums, journalistically responsible ethical guidelines that have clear processes students will follow.
All this is not just adviser and student responsibility. School boards and administrators also have an obligation to ensure advisers have adequate access to teaching materials and educational opportunities, including professional organization membership and workshops for teacher/adviser and students.
The reason we have professional organizations like JEA is to better prepare teachers, who may not be trained in journalism, for this important work. Just as some coaches may not have formal training to coach, student media advisers sometimes must learn on the job. This is not a reason to deny students the opportunity to have their voices heard by imposing administrative control over content, which only suppresses critical thinking and halts civic engagement; rather, it is a reason to encourage excellence and to support student responsibility by providing access to resources and training.
• How much is this going to cost schools?
Absolutely nothing. In fact, it might save districts money in the long run by protecting them from legal liability.
• Why shouldn’t students be subject to censorship? After all, commercial journalists are subject to editing.
Editors of commercial media news are not employed by the government; the work they edit is work-for-hire. Student journalists are not employed by the school. School administrators are, in fact, government officials. The First Amendment was crafted to protect U.S. citizens from government censorship. Student speech is protected by the First Amendment, as long as it is lawful and does not cause a “substantial disruption” of the educational process.
The Student Press Law Center provides the legal definition of what is considered, by law, to be “unprotected speech.”
Commercial journalists do not seek permission from their primary sources to publish information and, in fact, have a longstanding tradition of not letting sources see stories before publication. Administrators are primary sources for student journalists. The temptation to censor can be irresistible for administrators, especially in cases when they do not agree with the subject matter or fear that content might reflect poorly on them and their schools.
• Why should we limit the censorship authority of administrators over student media produced on school time with school resources?
Allowing genuine student media outlets that provide students with a meaningful voice on issues that truly matter to them can be a threatening idea to those used to controlling the message. However, we have a First Amendment because, as a nation, we decided that free and independent media play a vital role in our democracy – even if they sometimes are messier than state-controlled media. The fact that student media is produced using school resources does not empower administrators to dictate content. Advisers and administrators are responsible for teaching students so they can make informed content choices.
Fortunately, a number of administrators don’t look upon their student media as adversaries or threats. Instead, they view independent student media as important school assets. They see the value in providing students with forums to express their concerns, and recognize the educational opportunities provided by strong, well-supported student journalism programs.
• Are schools liable for content in student media?
There has never been a reported court decision where a public school or school district has been held legally responsible for content in student media. This legislation ensures that school districts and school administrators are protected from lawsuits. With this law, students would be legally responsible for content in their media – not school officials or school departments.
• Does this legislation give students the right to publish whatever they want?
No. This law does not protect unlawful speech – the same categories of speech that every journalist must avoid (libel, material that invades a person’s legal right to privacy, obscenity as to minors, etc.). The law also imposes an additional category of speech restriction specific to schools: High school students cannot publish speech that would materially and substantially disrupt normal school activities. This establishes a meaningful balance between administrative authority to maintain a safe and effective learning environment and student free speech rights.
• What about the questionable stories published in student media?
Such incidents have occurred, but they are certainly the exception rather than the rule. The majority of student media outlets practice journalism in a responsible manner.
The ability to cover important issues without censorship, promotes a safe and healthy school environment. Students don’t just complain about the cafeteria food. They confront real issues, especially those which are relevant to teens. While it may make administrators uncomfortable, students often cite real safety concerns in their schools. They may cite the need for repairs that have been ignored, especially those that are outside the public view to which students have access, such as locker rooms, student bathrooms and most classrooms. They often bring about change as a result of their vigilance, courage and honesty. The greater good of the students and staff superaedes the reluctance of administrators to hide the truth. They need to be held accountable by the public for not securing a facility properly. Often, board of education members will discover something that they all have read only in the school newspaper, and will investigate the matter once the conditions are exposed.
• What effects do free student media have on the school climate?
School communities need and deserve stories that reflect the authentic student experience. Giving students a voice actually can help guard against disruptive and potentially dangerous behavior by shedding light on issues of concern and empowering the powerless. In fact, coverage of sensitive and important issues often can effect positive change.
• Is there anything, legally, student journalists cannot print?
Yes. The First Amendment does not cover all forms of speech. According to the First Amendment Center, there are essentially nine types of unprotected speech: obscenity, fighting words, defamation (includes libel, slander), child pornography, perjury, blackmail, incitement to imminent lawless action, true threats, solicitations to commit crimes. For more information, click here.
• What does research report about student learning when they control student media?
A 2015 survey of more than 900 Kansas and Missouri high school journalists indicated students felt more confident about being an engaged and productive citizen where:
• School support of First Amendment protection empowers students
• Faculty and students respect and listen to each other fosters civic journalism
• Lighter teacher control yields greater student confidence
• More practice and experience creates confidence in promoting their involvement
• This matters because empowered student journalists said they felt they would be more critically involved in citizenship responsibilities.
Study results can be found at civicsandjournalists.org
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Free expression sample press release
Sample press release
Another option for letting your various communities know about the benefits of free expression legislation is to create a press release to media, civic groups, school board and others.
Rather than trying to create a cookie-cutter press release version, we thought we would create a model sample where points from our legislative package and its resources could be melded into local comments and philosophy. The outline below is only a shell to which you and students can add specific approaches and activities and principles.
Such a press release is designed to inform your communities about the legislation and its importance.
FOR IMMEDIATE RELEASE
Date
Contact:
Your Name
School
Phone
Email
Headline to fit your situation
Seize the day.
Make a Difference.
State legislation that promises student freedom of expression can help student journalists achieve that goal because of the educational, civic and journalistic responsibility it offers.
__________ (state name) just passed such a law and (add local information here. If in Illinois or Maryland, place a graph of two about the state legislation and effort and what it means. If attempting to pass legislation, focus on points how it will help education and civic engagement)
Information generated in student media where students practice what they have been taught, as protected by this legislation, will showcase the quality of the mission, policies and ethical guidelines of journalistically responsible students.
This legislation allows our journalism programs to train students who:
- Make all final decisions of content
- Practice civic and social responsibility
- Present complete, thorough and accurate stories in context
(Quote from adviser, state journalism or legislative officials, etc.)
As journalists and journalism educators, we will do everything we can to present stories that are accurate, complete and thorough. We will inform our news consumers in a way that is not only transparent, but also independent and without bias using multiple sources.
(Talk here about how you and your students will carry out your program using editorial policy, ethical guidelines and journalistic responsibility.)
We will engage our audiences not only in the practice of journalism, but in civic activities that make a difference. (Perhaps provide examples.)
(Another local quote…)
Journalists Bill Kovach and Tom Rosenstiel, authors of The Elements of Journalism and Blur, would put it this way: Journalism is storytelling with a purpose. That purpose is to provide people with information they need to understand the world. The first challenge is finding information that people need to live their lives. The second is to make it meaningful, relevant, and engaging.
In a time when information abounds, although not all credible, when political speeches are fact-checked regularly and multiple sources of information are necessary to make sense of news, legislation for free student expression will aid all involved.
Here are some ways how:
For more specific details and information of the importance of such legislation please go to XXXXXXX and XXXXXX
For more information…..
(signatures)
Read MoreWhat to do if school officials
threaten censorship after legislation
What to do if school officials threaten censorship
Even though state legislation can provide protection, sometimes others do not understand that and need further education. Use a friendly and informative approach and help them understand. Here are some steps we recommend.
- Share a copy of the law and explain the language and meanings in educational civic and legal terms and benefits to the various communities.
- Use your Talking Points, bill terminology and other supportive arguments to emphasize key points and arguments for student free expression.
- Ask challengers to state their specific arguments in writing so you can respond
- Contact SPLC, use the SPRC Panic Button for legal, ethical and educational advice and support.
- Contact the legislators who proposed the bill and seek their involvement.
- Respond to challengers’ arguments with logical and documented points and seek further time for discussion.
- Contact additional legal and educational sources for support and resources.
- Share print and online resources like New Voices Facebook pages.
- Keep the dialogue meaningful.
- Invite questioners to journalism meetings, including editorial board meetings, so they can see how student decision-making works.
If the educational approach does not seem to work, try other approaches.
- As necessary, share the story of the censorship and legislative background with local and state media. Ideally, you have already shared information and explanation about the legislation with media after it passed
- Enlist community and parental booster groups of your student media for their active intervention
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Tips for reaching out to communities
for info on student free expression
Steps students and advisers can use to help others understand the importance and need for student and free student expression
With new legislation, or attempts to pass it, comes the need for ways to engage those who would support it. The ways can run from concept to concrete and can be delivered in many approaches with details determined locally.
- Convert or update your editorial policy so it reflects your public forum status and explain why that status is important
- Know the law in your state and have policy and practice correspond to it
- Know your school board policies and know how to bring them into line with changes in state law
- Hold a forum for your community/administrators/students to share information. Student media leaders could also invite questions and provide guidance
- Establish a strong network of alumni, parents and community members to help spread the value of free student expression and to assist you with problems
- Prepare an op-ed piece for your community media about the importance of free student media
- Maintain an active and informed voice opposing censorship wherever it occurs
- Blog what your students will do, as protected by a state free expression law, to prevent fear of irresponsible journalism. This could include discussion of media mission, policy, decisions, ethical guidelines and staff manual process
- Endorse the use of adult blogs and social media to show now that students have freedom of expression they will uphold standards of journalistic responsibility.
- Don’t self-censor. Know what to publish that is meaningful content, and how and why to do so effectively
- Empower your students, through their decision-making, to practice socially responsible journalism and to know the difference between sound and unsound journalism so they can better teach their communities
- Invite the various groups into your newsroom to see students at work
- Explain what terms like forum, etc., mean and how they will work with students making decisions
- Develop Talking Points on the educational and civic values of free student expression
- Create a press release based on a model release in this package
- Stress social responsibility across platforms in journalism: truth, accuracy , content and completeness
- Use the Panic Button to reach JEA’s Scholastic Press Rights Committee if you need additional assistance
- Remember three additional points:
–Your credibility as student media rests not on Hazelwood and review, but on journalistically responsible, ethical and complete reporting
–Journalism is at the core of democracy. If students learn that control trumps freedom because of decisions like Hazelwood and its practices, then democracy crumbles, bit by bit
–Communities cannot be informed, or act upon the information they have if it is limited, controlled or distorted by prior review or censorship
Read MoreWhy protecting student free expression is important
Students and advisers in states with recent freedom of expression legislation may want to inform their communities of educational rationale for the legislation. Additionally, those states working to pass such legislation might want to use the same points to gain support.
How free expression legislation provides value to:
- Students who can more effectively
— Demonstrate learning, critical thinking and decision making by applying the principles of free expression legislation
–Pursue opportunities in all aspects of journalism not available previously
–Show that principles of civic engagement practiced through journalism can make a difference their communities
–Display leadership skills that will be useful throughout their lives
–Develop a meaningful and effective voices important to themselves and society
- Advisers who can more effectively
–Help develop useful, effective and meaningful life-long learning skills in their students
–Train students to expand leadership and citizenship skills applicable to a changing society
–Express teaching concepts and issues that can empower students and enhance student experiences
— Activate enjoyable, meaningful and creative student-led learning experiences
–Build programs that continue to show the benefits of free and journalistically responsible student media
- Administrators who can more effectively
–Empower student journalists to take responsibility for all facets of their student media, practicing what they are taught
–Model journalism programs where standards guide student efforts
–Create an atmosphere where all groups learn and growth from each other
–Expand the vision of all involved in the community mission of civic engagement and social responsibility
–Enxourage student leadership who take advantage of the forum created by their media to improve school and community
- Communities who can more effectively
–Receive information that is accurate, thorough and represents diverse insights
–Collaborate with diverse age groups with diverse backgrounds in the learning process
–Experience the impact of student and citizen free expression
–Benefit from the benefits of creative and enlightened student leadership
–Contribute support so free and journalistically responsible student expression expands
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