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freedom of speech in school newspapers

thirtythree

Diamond Member
just looking for some different views on this. background:

- in 1983, the principal of hazelwood east high school had two articles deleted from the school paper (describing students' experience with pregnancy and with divorce).
- the students sued the school district for violating 1st amendment rights.
- the district court concluded that school officials may restrain speech in activities that are "an integral part of the school's educational function."
- the court of appeals reversed this decision, arguing that the newspaper was meant to be a public forum, "intended to be operated as a conduit for student viewpoint."
- in 1988, the supreme court overruled this decision, arguing that a school need not tolerate student speech that is inconsistent with its "basic educational mission" and that the class is simply a "laboratory situation" in which students apply the skills they have learned in journalism. therefore, educators have a right to exercise editorial control in school activities as long as these actions are related to legitimate educational concerns (were they in this case?).
 
I don't think it is necessarily a free speech issue. If the owners of the Washington Post do not want an article printed in their newspaper then it does not get printed. The owners and editors have absolute control over what gets printed under the masthead of The Washington Post. In the case of a school newspaper the school is really the "owners" of the paper and as I see it they have every right to exercise editorial control.
 
Originally posted by: Linflas
I don't think it is necessarily a free speech issue. If the owners of the Washington Post do not want an article printed in their newspaper then it does not get printed. The owners and editors have absolute control over what gets printed under the masthead of The Washington Post. In the case of a school newspaper the school is really the "owners" of the paper and as I see it they have every right to exercise editorial control.

Logical response in only 8 minutes GOOD JOB 😀
 
Heh, had a famous issue with this at my school.

scroll to bottom

I'm now on the staff, and although we can pretty much publish what we want, we are still subject to administrative review, and anything the principal (same guy from 92) doesn't approve doesn't go in.
 
Originally posted by: WinkOsmosis
It's a public school which means it's run by the local government. What does the Constitution say about free speech again?
what is this "constitution" you speak of?


...thanks for the replies everyone.
 
freedom of speech does not give the right to slander. If the school owns the newspaper and feels that something is slanderous or deflamatory to itself, it is well within it's right to withold the right to publish.

🙂
 
Originally posted by: KarenMarie
freedom of speech does not give the right to slander. If the school owns the newspaper and feels that something is slanderous or deflamatory to itself, it is well within it's right to withold the right to publish.

🙂
I don't think articles about pregnancy and divorce are exactly slanderous. I think linflas had the best argument against it being a violation of freedom of speech.
 
There is no free speech in America's schools. That is a fallacy and it is crazy that people think their school papers (or the schools themselves) do, or even should, promote truly FREE speech. Schools are places to learn, not places to exercise first amendment rights. Articles promoting drinking, drugs, sex, racism, or other inappropriate topics are only written to get a rise out of the administration and the student body, and don't serve as informative, newsworthy articles in a public school paper.

As editor of my HS paper from 2001-2002, I can tell you that we had a couple articles censored/deleted from our paper during administrative review. It's not pretty and it often keeps a really good article off the front page, but it happens.
 
Originally posted by: jumpr
There is no free speech in America's schools. That is a fallacy and it is crazy that people think their school papers (or the schools themselves) do, or even should, promote truly FREE speech. Schools are places to learn, not places to exercise first amendment rights.

As editor of my HS paper from 2001-2002, I can tell you that we had a couple articles censored/deleted from our paper during administrative review. It's not pretty and it often keeps a really good article off the front page, but it happens.
what were the articles about?
 
Originally posted by: thirtythree
Originally posted by: jumpr
There is no free speech in America's schools. That is a fallacy and it is crazy that people think their school papers (or the schools themselves) do, or even should, promote truly FREE speech. Schools are places to learn, not places to exercise first amendment rights.

As editor of my HS paper from 2001-2002, I can tell you that we had a couple articles censored/deleted from our paper during administrative review. It's not pretty and it often keeps a really good article off the front page, but it happens.
what were the articles about?
One was an 'investigative report' about a party where the entire field hockey team was spotted doing shots of Jack during their season. I'm talking captains, varsity, junior-varsity, etc. It was a well-written article but the administrative review board chose to take it out of the paper because it would simply inflame the student body and the faculty. They did speak to the coach however, and the coach did issue punishment to her team.

I can't remember the other one, but I think it had to do with a homecoming court ballot scandal. I'd have to see the archives to be sure.
 
Originally posted by: jumpr
Originally posted by: thirtythree
Originally posted by: jumpr
There is no free speech in America's schools. That is a fallacy and it is crazy that people think their school papers (or the schools themselves) do, or even should, promote truly FREE speech. Schools are places to learn, not places to exercise first amendment rights.

As editor of my HS paper from 2001-2002, I can tell you that we had a couple articles censored/deleted from our paper during administrative review. It's not pretty and it often keeps a really good article off the front page, but it happens.
what were the articles about?
One was an 'investigative report' about a party where the entire field hockey team was spotted doing shots of Jack during their season. I'm talking captains, varsity, junior-varsity, etc. It was a well-written article but the administrative review board chose to take it out of the paper because it would simply inflame the student body and the faculty. They did speak to the coach however, and the coach did issue punishment to her team.

I can't remember the other one, but I think it had to do with a homecoming court ballot scandal. I'd have to see the archives to be sure.
jocks drinking is news? 😕


😛
 
Originally posted by: WinkOsmosis
It's a public school which means it's run by the local government. What does the Constitution say about free speech again?

It says you're making broad, incorrect generalizations and you obviously haven't researched the issue. Public schools are not truly public. Joe schmo off of the street cannot just hang around inside a public school if he feels like it. For that reason, and many others that have been well established, there is no "free speech" in school newspapers. I was on my school newspaper last year and I had this discussion several times. I even had an article "censored," if you want to use that term.

Edit: And for the record, I don't think students should have "free speech" in school newspapers. There are just way too many dumbasses out there for it to work right. Most papers would become even more worthless than they already are. Plus you would so many of kids wanting to write about weed, alcohol, prostitution, ....(insert your favorite beaten to death issue here) that the newspaper wouldn't be reporting any real news. On a related note, if you are on/going to be on a school newspaper, don't write about an issue that has been done 1000 times before. It always ends up being a pointless rehashing of information everyone has already seen.
 
The Supreme Court has pretty much said that if you are in school you do not have any of the rights provided by The Constitution of the United States of America.
 
College newspapers are excluded, I believe...the 1st amendment rights granted to student newspapers are more extensive at the collegiate level than HS.
 
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