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When the law becomes a ‘liabullyity’

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by Stan Zoller, MJE

Victory is sweet.
Whether on the football field, baseball field, soccer field or in the legislature.  It’s always great to win one for the ‘Gipper’ – or whomever.
When it comes to New Voices laws, the victors are student journalists. In those states where New Voices laws have been passed, scholastic journalism programs are experiencing a new breath of fresh air and the opportunity to practice journalism the way it should be practiced – without undue and unjust interference.

Districts are developing new policies for student activities, including student media. It appears some are cookie-cutter policies not drafted by a school board or district legal counsel. One example is a district with a policy for “High Schools.”

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            At least that’s what you would hope.

            Unfortunately, that does not seem to be the case in some schools. More and more advisers are pressing the Scholastic Press Rights Committee’s Panic Button to report administrative interference.

            Not with the content of student media, nor with an issue in the yearbook or podcast.

            Interference with the adviser. Seriously.

            There appears to be a trend with administrators at the district or building level to not want to accept the law, opting instead to challenge the adviser’s integrity and, so it seems, professionalism.

            What appears to be happening is advisers are being called on the carpet for issues unrelated to the production of student media in an effort to seemingly force them out of advising. And it’s not just New Voices laws.

            In Illinois, a law went into effect this year mandating the teaching of media literacy.  Within months of it going into effect, an adviser I know received notes from a building administrator asking if she was adhering to news/media literacy standards. Clearly the administrator was jumping on a bandwagon destined for place unknown, and was taking advantage of a subject she knew little or nothing about.

Perceived knowledge in the wrong hands is a recipe for disaster.

            The principal, only in her second year at the helm, overlooked that the school newspaper was highly rated and well respected, as is the adviser.

            So why the onslaught of concern about student media?

            Probably because some administrators are recoiling back to the days of Theodore Roosevelt and creating their own “bully pulpit.”  With a capital BP.

            Realizing New Voices laws took away their wanton ability to interfere with student media, they appear to be sidestepping guidelines for solid journalism and using shoddy human relations tactics instead. By focusing on an adviser’s performance, it reduces the role of student press advocates, like the Student Press Law Center, leaving advisers limited options. Union support or personal attorneys are the first two routes an adviser can go.

The SPLC and the SPRC are excellent venues for support,but the focus of both entities is press rights and freedoms.

            Districts are developing new policies for student activities, including student media. It appears some are cookie-cutter policies not drafted by a school board or district legal counsel. One example is a district with a policy for “High Schools.”  Nice touch. However, the district has only two schools and both are, wait for it, high schools. 

            It’s not unusual for school boards to suddenly place policies, especially those related to student media, on their meeting agenda.

            If your district does this, contact your state’s attorney general, or advocacy group like the American Civil Liberties Union to see what your state’s open meeting and sunshine laws are. Most states prohibit municipal bodies like village boards, school boards, city councils, etc. from having any kind of meeting – full board or committee – without notifying the public and media. It’s important to note that there are some exceptions when a meeting is not open, but notice still must be given to the general public.

            Lack of transparency by district and building officials is not in the spirit of media/news literacy and not what they would want from student journalists in their school.

            However, it appears when it comes to bullying an adviser or student journalist, the rules don’t apply,

            Which is no way to achieve victory.