Intro
Seek and Report the Truth
Tinker v. Des Moines Independent Community School District (1969)
In December 1965, a group of Des Moines high school students wore black armbands throughout the holiday season to show support for an end to the Vietnam War. The school administration learned of the plan and created a policy stating that any student wearing an armband would be asked to remove it, with refusal resulting in suspension. On December 16, students Mary Beth Tinker and Christopher Eckhardt wore their armbands and were sent home; the same happened to John Tinker the following day. The students sued the school district for violating their right of expression, and the Supreme Court sided with the students by 7-2 majority. Justice Abe Fortas stated that students don’t “shed their constitutional rights to freedom of speech and expression at the schoolhouse gate,” and that schools could only suppress student speech if they could prove that the conduct in question would actually “materially and substantially interfere” with the operation of the school – the chances of possible disruption wouldn’t count.
Bethel School District v. Fraser (1986)
In a school assembly, high school student Matt Fraser gave a speech to nominate his friend Jeff Kuhlman for student body president. Fraser’s speech contained several sexual innuendos, and the school administration expelled him. While Fraser successfully proved that his speech was not directly vulgar, the school district nevertheless upheld the suspension and prevented Fraser from speaking at graduation (even though he was chosen by write-in ballot by his peers). Fraser sued the district for violating his freedom of speech, and the Supreme Court upheld 5-4 the right of public schools to “prohibit the use of vulgar and offensive terms in public discourse.”
Hazelwood School District v. Kuhlmeier (1988)
Hazelwood East High School principal Robert E. Reynolds received the pages proofs for the May 13 issue of The Spectrum, the school-sponsored student newspaper. Administrators checking over any content representing the school before it’s published is legal—this is called prior review—and Reynolds objected to two articles, one on the rise of teen pregnancy and one on the effects on divorce on families. He ordered the articles to be withheld, and student editor Cathy Kuhlmeier brought the case to court. In a 5-3 decision, the Supreme Court held that schools can exercise control over student content so long as their actions are “neutral in view” and "reasonably related to legitimate pedagogical concerns." This is called prior restraint.
Morse v. Frederick (2007)
An Alaskan school had a special event held when the Olympic torch passed through town. A student named Joseph Frederick held up a banner that read “BONG HiTS 4 JESUS” across the street from the school during the event and was subsequently suspended. Frederick sued for violation of Free Speech and won at a Circuit court since he was making a political statement on legalization and not on school grounds. The Supreme Court reversed this decision, ruling 5-4 that the banner was not political in nature and that students can be punished for promoting drug use or other unsafe, disruptive behaviors to other students even off school grounds.
Your Rights as a Student Journalist
According to the Colorado Student Free Expression Law (22-1-120), editors of student publications have the right to exercise freedom of speech and of the press, and no content contained in their publications can be subject to censorship by administration unless it would significantly disrupt normal operation of the school (Tinker). This includes:
· content that is obscene, vulgar, or discriminatory (Fraser)
· content promotes illegal activity, including gang activity, violence, and underage drug use (Morse)
· content that would invade the privacy of others
The follow legal restraints also apply to all speech and press:
· libel: a published lie meant to harm a person or group’s reputation
· lack of consent: using photos or quotes from private citizens who do not give permission for their use, especially regarding minors
· copyright infringement: the use of another’s creative work without prior permission
School staff does have the right to prior review but cannot censor content merely based on political content (Tinker; Morse) and they must bear the burden of proof if they want to argue prior restraint (Hazelwood). Since students have editorial control, the school is not held legal responsible for anything that is published: the students who published the material are.
Case information obtained from oyez.org and The Principal’s Guide to Scholastic Journalism.
In December 1965, a group of Des Moines high school students wore black armbands throughout the holiday season to show support for an end to the Vietnam War. The school administration learned of the plan and created a policy stating that any student wearing an armband would be asked to remove it, with refusal resulting in suspension. On December 16, students Mary Beth Tinker and Christopher Eckhardt wore their armbands and were sent home; the same happened to John Tinker the following day. The students sued the school district for violating their right of expression, and the Supreme Court sided with the students by 7-2 majority. Justice Abe Fortas stated that students don’t “shed their constitutional rights to freedom of speech and expression at the schoolhouse gate,” and that schools could only suppress student speech if they could prove that the conduct in question would actually “materially and substantially interfere” with the operation of the school – the chances of possible disruption wouldn’t count.
Bethel School District v. Fraser (1986)
In a school assembly, high school student Matt Fraser gave a speech to nominate his friend Jeff Kuhlman for student body president. Fraser’s speech contained several sexual innuendos, and the school administration expelled him. While Fraser successfully proved that his speech was not directly vulgar, the school district nevertheless upheld the suspension and prevented Fraser from speaking at graduation (even though he was chosen by write-in ballot by his peers). Fraser sued the district for violating his freedom of speech, and the Supreme Court upheld 5-4 the right of public schools to “prohibit the use of vulgar and offensive terms in public discourse.”
Hazelwood School District v. Kuhlmeier (1988)
Hazelwood East High School principal Robert E. Reynolds received the pages proofs for the May 13 issue of The Spectrum, the school-sponsored student newspaper. Administrators checking over any content representing the school before it’s published is legal—this is called prior review—and Reynolds objected to two articles, one on the rise of teen pregnancy and one on the effects on divorce on families. He ordered the articles to be withheld, and student editor Cathy Kuhlmeier brought the case to court. In a 5-3 decision, the Supreme Court held that schools can exercise control over student content so long as their actions are “neutral in view” and "reasonably related to legitimate pedagogical concerns." This is called prior restraint.
Morse v. Frederick (2007)
An Alaskan school had a special event held when the Olympic torch passed through town. A student named Joseph Frederick held up a banner that read “BONG HiTS 4 JESUS” across the street from the school during the event and was subsequently suspended. Frederick sued for violation of Free Speech and won at a Circuit court since he was making a political statement on legalization and not on school grounds. The Supreme Court reversed this decision, ruling 5-4 that the banner was not political in nature and that students can be punished for promoting drug use or other unsafe, disruptive behaviors to other students even off school grounds.
Your Rights as a Student Journalist
According to the Colorado Student Free Expression Law (22-1-120), editors of student publications have the right to exercise freedom of speech and of the press, and no content contained in their publications can be subject to censorship by administration unless it would significantly disrupt normal operation of the school (Tinker). This includes:
· content that is obscene, vulgar, or discriminatory (Fraser)
· content promotes illegal activity, including gang activity, violence, and underage drug use (Morse)
· content that would invade the privacy of others
The follow legal restraints also apply to all speech and press:
· libel: a published lie meant to harm a person or group’s reputation
· lack of consent: using photos or quotes from private citizens who do not give permission for their use, especially regarding minors
· copyright infringement: the use of another’s creative work without prior permission
School staff does have the right to prior review but cannot censor content merely based on political content (Tinker; Morse) and they must bear the burden of proof if they want to argue prior restraint (Hazelwood). Since students have editorial control, the school is not held legal responsible for anything that is published: the students who published the material are.
Case information obtained from oyez.org and The Principal’s Guide to Scholastic Journalism.
Act Independently
You are beholden to the truth and your publisher—that’s it. Avoid gifts, favors, or anything that may damage your credibility. Avoid conflicts of interest and disclose about them when they are unavoidable. Never pay for access to a story and deny anyone favored treatment in exchange for access. Advertising and news are different—never blur the line between the two.
Avoid Harm
Remember that everyone, from readers and subjects, are humans deserving of respect. Consider if printing a story would cause undue harm, and conversely, if withholding a story may cause the public harm. Remember to write about people compassionately: victims are more than just statistics and those who victimize deserve a fair trial and chance at rehabilitation. Respect the privacy of others and be aware that even composite, general subjects could still reveal an anonymous source. Also consider your personal safety
Be Open and Accountable
Explain your research process. Be open to fair criticism. Respond quickly to questions about your work and acknowledge and correct any mistakes. Only use an anonymous source if knowing their identity would put them at a real risk of harm. Avoid gathering information by illicit or undercover means.
Do Good
Good journalism is about using the truth to lift people up. Consider the human element of every story. Recognize your obligation as a public watchdog. Speak truth to power and give voice to the voiceless. Support a civil exchange of views (even if you find the views repugnant) but remember that you must fight incivility: any perspective that seeks to dehumanize, debase, or degrade others is not allowable. Always do the right thing.