Censorship of student media in the United States

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The censorship of student media in the United States is the suppression of free speech by school administrative bodies of student-run news operations. This typically consists of schools using their authority to control the funding and distribution of publications, taking down articles, and preventing distribution. Some forms of student media censorship extend to expression not funded by or under the official auspices of the school system or college (for example, confiscating independently produced underground publications or imposing discipline for material posted on off-campus websites). Current legal precedent implies that pupils are not responsible enough to be trusted with constitutional rights and the government is allowed to suppress student speech that is deemed to provoke controversy or disrupt learning. Scholars maintain that this type of censorship violates the constitutional right of free speech that young people are afforded under the First Amendment.[1] Opponents of this legal censorship, such as the Student Press Law Center, a non-profit that tracks and provides pro-bono legal aid to student-run media organizations in the U.S, point to the civic and educational value in student expression that is used to organize reform movements and develop political opinions as reasons to encourage unimpeded students journalism.[2]

History

In 1988, the Supreme Court declared 5-3 that student newspapers do not have the same freedoms and safeguards as professional media. The case was the result of the school administration of Hazelwood East High School in Missouri forbidding the publication of two newspaper stories regarding abortion and divorce in 1983. Cathy Kuhlmeier, a student reporter, claimed that the move violated her First Amendment rights. The Court decided that student newspapers were never meant to be public forums and as a result, administrators began to regulate high school and college periodicals.[3]

In response to the Supreme Court's decision on the Hazelwood, several states have enacted legislation to counteract the ruling and protect school publications from interference.[4] By 2013, the states of Arkansas, California, Colorado, Illinois, Iowa, Kansas, Massachusetts, and Oregon had all passed legislation fortifying student journalists' right to free expression.[5]

Notable cases in the United States include:

First Amendment

The First Amendment protects the people to exercise their rights of free speech as well as the freedom of the press in journalistic practice.[12] Since the U.S. Supreme Court’s 1988 decision in Hazelwood v. Kuhlmeier, schools been allowed to censor speech in student media for “legitimate pedagogical concern”.[1] Because pedagogical concern lacked a clear definition, it was interpreted differently by different people. Some states have passed legislation that strengthens the free speech rights of student journalists and protects school employees from retribution for supporting the rights of student journalists.[13]

Censored topics

Based on interview and survey data, student media topics that are censored include sexual assault, politics, athletics, women’s reproductive rights, and the #MeToo movement.[12]

Impact of censorship

Work such as student activism and protests are heavily obstructed by the censorship of school newspapers. Often when student media, news, or other outlets are challenged or removed without cause other than to censor, the student body suffers a lack of cohesion as the sharing of opinions and information is attacked. This delegitimizes democracy by way of removing the belief that the government, or the school in this case, is responsive to their wishes.[12]

States with laws protecting the free speech of student journalists

As of 2022, sixteen states have passed laws that protect the First Amendment rights of student journalists.[14]

  • Arkansas
  • California
  • Colorado
  • Hawaii
  • Illinois
  • Iowa
  • Kansas
  • Maryland
  • Massachusetts
  • Nevada
  • New Jersey
  • North Dakota
  • Oregon
  • Rhode Island
  • Vermont
  • Washington

Student Press Freedom day

Student Press Freedom day is a national day of student journalists and their contributions celebrated on Wednesday, Jan. 29, 2020.[15] This marks the anniversary of the Hazelwood School District case and to support and express importance towards students' freedom of press.[16]

Endorsers:[17]

See also

References

  1. ^ a b LoMonte, Frank (2021-01-01). "Censorship Makes the School Look Bad: Why Courts and Educators Must Embrace the "Passionate Conversation"". Washington University Journal of Law & Policy. 65 (1). ISSN 1533-4686.
  2. ^ Grau, Mel (2020-05-03). "Poynter supports world press freedom. Here's how you can, too". Poynter. Retrieved 2022-10-30.
  3. ^ McGowan, Bailey (2013-01-14). "25 years later, a look at one generation under Hazelwood". Student Press Law Center. Retrieved 2022-10-30.
  4. ^ Schulten, Katherine (2022-09-22). "Banned Books, Censored Topics: Teaching About the Battle Over What Students Should Learn". The New York Times. ISSN 0362-4331. Retrieved 2022-10-30.
  5. ^ Student Press Law Center. "Student Press Law center - Law Library". SPLC. Retrieved 2013-11-11.
  6. ^ "Tinker v. Des Moines Independent Community School District". Oyez. Retrieved 2022-10-27.
  7. ^ "Hazelwood School District v. Kuhlmeier". Student Press Law Center. Retrieved 2020-04-15.
  8. ^ "Hazelwood School District v. Kuhlmeier". Oyez. Retrieved 2022-10-27.
  9. ^ "Papish v. Board of Curators of the University of Missouri, 410 U.S. 667 (1973)". media.okstate.edu. Retrieved 2022-10-28.
  10. ^ "Rosenberger v. Rector and Visitors of the University of Virginia". Oyez. Retrieved 2022-10-27.{{cite web}}: CS1 maint: url-status (link)
  11. ^ "Morse v. Frederick". Oyez. Retrieved 2022-10-27.
  12. ^ a b c Moreno, Julia (2019). "The Student Journalist and Student Media Adviser Perspective of Censorship in Student Media at Public Universities across the United States". University of Nevada.{{cite web}}: CS1 maint: url-status (link)
  13. ^ McHale, Thomas (2022-04-01). "New Voices Law strengthens student journalists' First Amendment rights". New Jersey Education Association. Retrieved 2022-10-30.
  14. ^ Strauss, Valerie (2017-04-05). "What protections do student journalists really have? Check your state on this map". Washington Post. ISSN 0190-8286. Retrieved 2022-10-28.
  15. ^ "Student Press Law Center | Student Press Freedom Day — Jan. 29, 2020". Student Press Law Center. 2020-01-01. Retrieved 2020-01-30.
  16. ^ Conza, Sabrina (2022-02-23). "As FIRE launches student press initiative, student journalists continue to face censorship around every corner". FIRE. Retrieved 2022-10-30.
  17. ^ "Student Press Law Center | Student Press Freedom Day — Jan. 29, 2020". Student Press Law Center. 2020-01-01. Retrieved 2020-04-15.
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