Signing on as FAPFA candidate makes powerful symbolic statement
Confession: For the past 10 days, I’ve spent a good chunk of time glued to media coverage of President-elect Trump, reading about his meetings with prospective leaders and reports of cabinet appointments, cries against Hamilton and SNL on Twitter and updates about the on-again, off-again New York Times meeting.
My nervousness mounts as we transition to a new president known for his attacks on news organizations, for bullying those who ask tough questions, for threats to “open up” libel laws, for ugly rants against those who hold steady to report on the record the actions of our leaders.
And while I’ve made sure to read, donate, sign petitions and facilitate respectful dialogue, I’ve also spent the past 10 days thinking about my journalism students. What can I do? What can we do? What can they do?
As is often the case, the greatest potential for impact is within the classroom. It’s clear to me that my own students’ efforts practicing, protecting and promoting their First Amendment rights matter more than ever.
Next week, Dec. 1, 2016, is the deadline for JEA’s First Amendment Press Freedom Award. I’m glad my students will apply, and here are three reasons I urge other scholastic media programs to do the same:
[1] The FAPFA process provides an important opportunity for students to revisit the core principles of their journalism program as they tell the stories of their school community through truthful and accurate reporting using a wide range of diverse, credible sources. The editors know their publication policies inside and out, but do the other staff members? Would every student on staff be able to answer the FAPFA questions accurately? Perhaps this an opportunity for editors to conduct a mini-lesson to educate or review with rookies some “What happens if …” scenarios.
[2] The possibility of recognition as a First Amendment school is another way to increase awareness in the school and throughout the community. Even if school administrators are supportive of students’ free expression rights both in theory and in practice, it’s likely there are community members who are less aware of what it means for students to make all content decisions free of administrative censorship. It’s another chance to spread the word about what the First Amendment means and why it matters.
Remember, 39 percent of Americans could not name even one of the five freedoms.
Can FAPFA recognition serve to make all stakeholders better understand the educational significance of providing students with an outlet for free expression and the long-term benefits of empowering students with the responsibility of the decision-making process?
Celebrating a school’s First Amendment Press Freedom Award recognition can play a role in the case for scholastic media curriculum development and the long game in protecting both First Amendment education and scholastic journalism specifically.
[3] Signing on as a FAPFA candidate makes a powerful symbolic statement at a crucial time.
My own students have protection from California Ed Code 48907, but they’ll still be using the opportunity JEA’s First Amendment Press Freedom Award provides. In other words, they’ll apply for the award because they can. It’s a chance to speak up and speak out for why that freedom of expression matters so much, and a chance to draw attention to states where students don’t have that right.
Discussing the questions on the first-round FAPFA form reminds students that not every student media program is lucky enough to operate in a student-led environment with journalists empowered by the critical thinking experience of their decision-making process. It puts things in perspective. It emboldens them to use the tools at their disposal, creatively and positively, to fight the good fight. It draws attention to the injustice in schools and states with administrative censorship and helps increase efforts toward press rights legislation.
Editors can proudly share their efforts in attempt to leverage that social currency and widen the scope of attention for First Amendment freedoms just when the New Voices movement — and new White House administration — need it most.
by Sarah Nichols, MJE
Read MoreThe importance of student free expression
and widespread information on legislation
As journalism teachers, we know our students learn more when they make publication choices. Prior review or restraint does not teach students to produce higher quality journalism.
As journalism teachers, we know the only way to teach students to take responsibility for their decisions is to give them the responsibility to make those decisions freely.
As journalism teachers we also know democracy depends on student understanding all voices have a right to be heard, knowing they have a voice in their school and community and keeping both informed.
[pullquote]As journalism teachers, we know the only way to teach students to take responsibility for their decisions is to give them the responsibility to make those decisions freely.[/pullquote]
“America needs ‘informed communities,’ places where the information ecology meets people’s personal and civic information needs,” reported a 2009 Knight Commission on the Information Needs of Communities in a Democracy, “They need information to participate fully in our system of self-government, to stand up and be heard. Driving this vision are the critical democratic values of openness, inclusion, participation, empowerment, and the common pursuit of truth and the public interest,” the Informing Communities: Sustaining Democracy in the Digital Age report indicated.
Recent passage of New Voices legislation in Illinois and Maryland and steps to pass similar bills in numerous states point to the importance of student free expression. Attempts also point to a need for students to engage their communities so all know about the importance of such legislation.
[pullquote]Whether advisers and students live in a state where legislation has passed or in a state where legislation is an active project, the accompanying materials can be used to strengthen the understanding of legislation, deepen the resolve for passage or reinforce communities’ understanding and thus support for student free expression.[/pullquote]
Whether advisers and students live in a state where legislation has passed or in a state where legislation is an active project, they can use the materials in this package to strengthen the understanding of legislation, deepen the resolve for passage or reinforce communities’ understanding and thus support for student free expression.
Sometimes, despite legislation and all the best intentions, censorship and other limitations of guaranteed rights occurs. The accompanying resources are also designed to help student journalists, their advisers and administrators provide answers about the importance and benefits of student freedom expression.
Resources can help provide additional background on student free expression and approaches to information your communities need to know about the importance of such freedom, including passage of free expression legislation.
- Contents of this package:
- Importance of state legislation: Although many educators and advocates think of the First Amendment (and the court decisions interpreting it) as the most important tool for interpreting student press rights, there is another equally important source of law: state statutes.
- Why 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
- Talking Points: 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?
- Breakdown of Illinois HB5902: Showing what the bill’s language means.
- Tips for engaging communities: 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.
- Legislation terminology: A compilation of important terminology so everyone can better understand the language and issues surrounding student free expression language.
- 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.
- Sample press release on state legislation: 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.
- Resources on state legislation: Links to additional information and contacts.
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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 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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Terms 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.
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