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And the number keeps growing

Posted by on Oct 7, 2009 in Blog, Hazelwood, Law and Ethics, News, Scholastic Journalism, Teaching | 0 comments

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As much as we don’t want to see it or accept it, the number of student media being restrained grows rapidly.

For instance:

• In Boonville, Mo, the superintendent stopped distribution of The Pirate Press reportedly because the paper had not been reviewed as it was supposed to be. Coverage in the local paper did not report reasons for the stoppage in its first article. Look for an update soon.

• In Arizona, former student journalists are pursuing legal action in an attempt to continue fighting censorship of their high school’s newspaper.

• In Oregon, an student editorial on a community project so angered a former school board member he threatened the adviser and administrators now require all articles, including editorials, to be bylined.

If you are aware of more instance like these, please let us know using this blog’s comments or contact the SPLC or JEA’s Scholastic Press Rights Commission.

The more we know about censorship and its ally prior review, the more we help each other to fight them.

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Social networking policies: Getting ahead of the curve

Posted by on Oct 6, 2009 in Blog, Law and Ethics, News, Scholastic Journalism, Teaching | 0 comments

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By Russell Hickey

When the Washington Post recently announced new rules for the use of social media by editors and staff, it was met with some criticism.  Last week, Howard Kurtz chronicled the reactions – both negative and positive.

The full-text announcement sent to the Post staff was reprinted by paidContent.

The policy behind the guidelines is understandable – journalists should remember that they are always journalists and should do nothing that would undermine their credibility or question their impartiality.  Unfortunately, social networking sites, like Twitter, are prone off-the-cuff, spur-of-the moment, out-of-context remarks.  Even following or friending certain people or organizations could suggest a bias that can undermine a reporter.

For the high school journalism student, the consequences of social networking sites may not be top of mind.  This could have dire consequences if an administrator is looking for a reason to reign in control of a high school publication.

To be certain, non-school sponsored social networking sites are outside the reach of school administrators.  Careless use of social networking sites by newspaper editors and staff, however, could provide ammunition for administrators seeking reason for prior review.  Thus, it is critical for student press advisors to get ahead of the curve and help encourage students to use some foresight.

The Student Press Law Center’s “Guide to Hazelwood” offers a “Fighting censorship checklist.”  The first item on the checklist is to practice sound journalism – which includes avoiding any appearance of bias.

It behooves students and advisers to think through these issues and potentially adverse impact that careless use of social media could have on their student publication.  A well-thought out policy for the use of social networking sites by newspaper editors and staff can be a critical demonstration of credibility.

Russell has a Bachelor’s of Journalism from the University of Missouri and a Juris Doctor from the University of Kansas, where he completed the Media, Law and Policy Certificate Program.  He currently is a Senior Claims Specialist for AXIS Pro, a Errors & Omissions Insurance provider for media companies.

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The worst legal problem in scholastic media

Posted by on Sep 27, 2009 in Law and Ethics, News, Scholastic Journalism, Teaching | 0 comments

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“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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