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Why student journalists – now more than ever – need First Amendment freedoms and protections

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May 1—Law Day:

by Jan Ewell

We watch in horror as the last flickers of a free press in Russia are snuffed out and journalists are detained and threatened, including 14 who were arrested for covering anti-war protests. Four Russian student journalists were sentenced April 12 to two years of correctional labor for questioning whether it was right for teachers to discourage students from attending protest rallies.

Other journalists have fled—or have attempted to flee—when Russian authorities blocked local and international media outlets and social media platforms. Putin has criminalized much of journalism, making it punishable by up to 15 years in prison to publish information authorities deem to be inaccurate concerning actions of Russia’s armed forces. Journalists are now forbidden to use the word “war” to describe the Russian invasion of Ukraine. “If we stayed, we would have had to start censoring ourselves,” one exiled journalist said.

In Ukraine, at least nine journalists are known to have been killed while covering the invasion, (as of 4/26/2022), and others have been wounded. Russian forces in the Ukraine have targeted vehicles marked “Press,” detained dozens of journalists, and attempted to force Ukrainian journalists to produce pro-Russian propaganda. Russian forces shelled a television tower in Kyiv, killing five and disabling the station. 

Journalists around the world risk their lives to bear witness of what they see, to create the first drafts of history. 

destruction of a residential building in kyiv

In Ukraine, at least nine journalists are known to have been killed while covering the invasion, (as of 4/26/2022), and others have been wounded. Russian forces in the Ukraine have targeted vehicles marked “Press,” and detained dozens of journalists.

At this grim time overseas, it is appropriate to look at the state of student journalism in this country. 

Why is student journalism important? Students will soon make personal and political decisions that may shape the future of human freedom and dignity, yet their ability to practice responsible journalism is routinely suffocated. Students are protected in their First Amendment rights in only fifteen states—with Hawaii’s New Voices Law, which protects student press rights, is heading to the governor’s desk. That will make 16 states out of 50.  At the same time 181 “prohibited concepts” bills have been introduced in 38 states, designed to curtail what can be discussed in school. These prohibited concepts bills could have a profoundly negative impact on student news media’s obligation to inform and educate its constituents, as well as the students’ future ability to prize the First Amednment and function as citizens and voters.

Why do students need robust First Amendment protection?

1.     Our schools should be “the nurseries of democracy,” as Justice Stephen Breyer wrote in the 2020 Mahaney decisionHigh school is often the last step in preparation for civic life. In strong scholastic journalism, as in no other high school course, students experience both the freedoms and the responsibilities of the First Amendment and learn their lawful boundaries. Students rarely learn to cherish what they have not experienced 

2.     Democracy should not be a collection of platitudes. When we deny students access to robust, student-run media, we undermine all other civic education and risk teaching them “to discount important principles of our government as mere platitudes.” 

3.     Journalism is the lab class for media literacya set of skills needed now more than ever in history. When students decide the content, check the sources, evaluate information, and differentiate between opinion writing and objective reporting, they become critical consumers of media.

4.     Robust student publications can serve as free and open forums for students and their communityas did the forums of ancient Greece and Rome, sharing diverse and divergent student voices, concern and opinions. 

5.     Journalism students do better in college—and beyondthey have written and produced a variety of media for real audiences. Their skills transfer to college, work and future civic engagement.

6.     Student journalism may be the only local news in town. Localized coverage creates community and decreases isolation and anonymity. During the Covid19 pandemic, for instance, only student publications covered its impact in the lives of local students. They record and bear witness to events that impact their community. Student journalism can be the community’s lifeline. They record and bear witness to events that impact their community