Laws for Student Papers

Article I to the Amendments to the U.S. Constitution

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people to peaceably assemble, and to petition the Government for a redress of Grievances."

 Important Supreme Court Case:

Hazelwood School District v. Kuhlmeier -- The full story by Mike Hiestand

A summary y Tom Jacobs

Hazelwood School District v. Kuhlmeier (1988) 
Issue: Student Journalism and the First Amendment 
Bottom Line: Schools Can Censor Student Newspapers

Background 
Cathy Kuhlmeier, Leslie Smart, and Leanne Tippett, juniors at Hazelwood East High School in St. Louis, Missouri, helped write and edit the school paper, the Spectrum, as part of a journalism class. An issue of the paper was to include articles about the impact of divorce on students and teen pregnancy. The school's principal refused to publish the two stories, saying they were too sensitive for younger students and contained too many personal details. The girls went to court claiming their First Amendment right to freedom of expression had been violated.

Ruling 
The Supreme Court ruled against the girls. A school newspaper isn't a public forum in which anyone can voice an opinion, the Court said, but rather a supervised learning experience for students interested in journalism. "Educators do not offend the First Amendment by exercising editorial control over the style and content of student speech in school-sponsored expressive activities," the Court said, "so long as their actions are reasonably related to legitimate [educational] concerns."

Impact 
Schools may censor newspapers and restrict other forms of student expression, including theatrical productions, yearbooks, creative writing assignments, and campaign and graduation speeches. But the Court's ruling in Hazelwood encourages schools to look closely at a student activity before imposing any restrictions and to balance the goal of maintaining high standards for student speech with students' right to free expression.

Scholastic Media Law Cases

 Ethics

Credibility

Credibility is the ability for the audience to believe and trust what is written.  Journalists need to be credible and reliable resources for information.  They cannot just print whatever they please without thinking about the consequences.  If a journalist is to print libel (false defamation) they will have consequences for their actions.

 

Accuracy

Accuracy is essential.  "Close doesn't count."  Journalists must check and double check their work.  This includes spelling names, getting details right, and following up on interviews.

 

Objectivity
Remain an objective source.  This means stay neutral, impartial, balanced, and honest.  Even if you have an opinion, don't use it (unless it is a column).  Remain unbiased.  This includes Editors and reporters. 

Student Publication

School-sponsored publications are a public forum for students as well as an educational activity through which students can gain experience in reporting, writing, editing, and understanding responsible journalism.  Because the Board recognizes creative student expression as an educational benefit of the school experience, it encourages freedom of comment, both oral and written, in a school setting with a degree of order in which proper learning can take place.

 

The Board encourages students to express their views in school-sponsored publications and to observe rules for responsible journalism.  This means expression which flase or obsene, libelous, slanderous or defamatory under state law; which presents a clear and present dange or the commission of unlawful acts, violation of school rules or material and substantial disruption of the orderly operation of the school or which violates the privacy rights of others shall not be permitted.

 

Student editors of school-sponsored publications shall be responsible for determining the news, opinion and advertising content of their publications subject to the limitations of this policy and state law.  The publications advisor within each school shall be responsible for supervising the production of school-sponsored publications and for teaching and encouraging free and responsible expression and professional standards of journalism.

 

The publications advisor has authority to establish or limit writing assignments for students working with publications and to otherwise direct and control the learning experience that publications are intended to provide when participation in a school-sponsored publication is part of a school class or activity for which grades or school credits are given.

 

All school-sponsored publications shall contain a disclaimer that expression made by students in the exercise of freedom of speech or freedom of the press is not an expression of Board policy. The school district and employees are provided immunity from civil or criminal penalties for any expression made or published by students.

 

The superintendent shall develop, for approval by the Board, a written official school publications code which shall include:

  1. A statement of the purpose of official school publications
  2. Responsibilities of official school publications' advisors and student editors
  3. A list of prohibited materials
  4. Reasonable provisions for the time, place and manner of distributing school-sponsored student publications within the school district's jurisdiction
  5. Procedures for resolving differences

The publications code shall be distributed to all students and teachers at the beginning of each school year.

 

Adopted: August 13, 1991

LEGAL REF.: C.R.S. 22-1-120

 

 
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