Know Your Rights. A Toolkit for Student Journalists on Student Press Freedom Day
An Issuu Collaboration with Neha Madhira
A LETTER FROM NEHA MADHIRA Without a free press, democracy fails. In a world where the press is nothing but attacked, student journalists are on the front line and must be taught the impact that their voices have. For the last 31 years, the standard for student publications has been the Hazelwood vs. Kuhlmeier case, which gives administrators the power to censor student journalism. Hazelwood not only proves how some administrators value the image of their school over quality journalism, but causes student journalists to be legally unprotected from being prior reviewed or censored. The New Voices legislation is a grassroots, student-led movement that is aimed at protecting student journalists and teachers’ rights. It revokes Hazelwood and brings back the Tinker standard, stating that, “students and teachers do not shed their rights at the schoolhouse gates.” 14 states have already passed this law, but there is still a two-fold problem: 36 states either don’t have active legislation or haven’t passed it, and there are students who have New Voices in their state but don’t know it exists. This step-by-step toolkit is here to help students better understand their rights as well as their responsibilities, and also covers how students can get active in their communities. Students have the power to stand up and be the change. How will you use your voice?
Get Informe
ed.
What is Student Press Freedom Day? Student Press Freedom Day falls on Wednesday, January 30 2019 this year. The 1988 Hazelwood School District v. Kuhlmeier Supreme Court decision has left a lasting impact on both the censorship of students and student self-censorship. For over thirty years, students journalists have been censored, intimidated and silenced on topics deemed “controversial” by administrators. Now, students want reform at the state level. The “New Voices” legislation protects the First Amendment press rights of student journalists, and prevents against the censorship of teachers and advisers. Currently, fourteen states have enacted this legislation. It’s time to demand #StudentPressFreedom. Learn more about what you can do with this guide to your rights. What is New Voices? New Voices is a nonpartisan, student-powered grassroots movement at the state level. These activists are seeking to protect student press freedom. From advocates in law, education, journalism and civics, these groups are coming together to allow students the protections they deserve. Currently, there are state-by-state legislatures pushing to revoke the Hazelwood decision. The purpose of New Voices is to prevent student journalists from being censored or prior reviewed by their administrators. In some states, the bills protect advisers’ rights as well. New Voices, as well, encourages students not to self-censor or drop investigative reporting in fear of censorship or repercussions for their advisers. Which states have New Voices protections? Arkansas, California, Colorado, Illinois, Iowa, Kansas, Maryland, Massachusetts, Nevada, North Dakota, Oregon, Rhode Island, Vermont and Washington. Additionally, there are codes protecting student journalism rights in the District of Columbia and Pennsylvania.
Do high school students have First Amendment rights? Yes. As the United States Supreme Court said in 1969, “It can hardly be argued that either students or teachers shed their constitutional right to freedom of speech at the schoolhouse gate.” But the First Amendment prohibits only government officials from suppressing speech; it does not prevent school censorship at private schools. A state constitution, statute or school policy could provide private school students with free speech protections.
What about the Hazelwood decision? Hazelwood School District v. Kuhlmeier, the 1988 U.S. Supreme Court decision, gave public high school officials greater authority to censor some school-sponsored student publications if they choose to do so. But the ruling doesn’t apply to publications that have been opened as “public forums for student expression.” It also requires school officials to demonstrate some reasonable educational justification before they can censor anything. In addition, 14 states (Arkansas, California, Colorado, Illinois, Iowa, Kansas, Oregon, Maryland, Massachusetts, Nevada, North Dakota, Rhode Island, Vermont and Washington) have passed laws that give students stronger free expression protection than Hazelwood. As part of SPLC’s “New Voices” effort, other states are considering such laws.
What is a “public forum for student expression?” A student publication is a public forum for student expression when school officials have given student editors the authority to make their own content decisions. Schools can do that through an official policy or by simply allowing a publication to operate with editorial independence. If a student publication is a public forum for student expression, then students are entitled to stronger First Amendment protection. Schools are allowed to censor forum publications only when they can show the publication contains unlawful material or will cause a “material and substantial disruption” of school activities
So if policy or practice indicates the content of my publication is determined by students, the Hazelwood decision doesn’t apply to me? Yes. Although public schools can establish reasonable restrictions as to the time, place and manner of distribution of independently produced student publications, they cannot absolutely forbid their distribution on school grounds. As long as the publication contains no unlawful content (libel, obscenity, etc.) and its distribution would not seriously disrupt school, officials cannot legally censor it. Online student speech created entirely outside of school is entitled to the same -- or greater -- legal protection from administrative censorship, with students being fully responsible for what they post.
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What are Your Rights? The SPLC’s Top 10 Questions Source: Student Press Law Center’s High School Top 10
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Can we publish students’ names and photos online? Despite what many schools seem to think, no federal privacy law requires a student publication to withhold student information from the internet or get advance written parental consent. If you’re told there is such a ban, ask to see the school district policy in writing — and if the policy applies only to sites hosted on a school server (many do), see if you can get your news site hosted on a third-party server like my.hsj.org.
Can I use Freedom of information laws? Yes. Freedom of Information, or “sunshine” laws, require government agencies such as public schools to open many of their official records and meetings to the public. These laws vary from state to state. Every newsroom should have a copy of the state’s open records and open meetings laws — a great state-bystate guide is available on the Reporters’ Committee for Freedom of the Press website: www.rcfp.org.
Can I use cartoon characters, song lyrics or a theme from a popular magazine in my publication? In most cases, only when you have obtained the permission of the copyright holder. Each of these works is protected by copyright law, which means others can use them only if they have obtained permission. Publishing a credit line does not take the place of permission. There is an exception to copyright law called “fair use” that can apply if you are only using a small amount of a copyrighted work in a news story or review about the work that does not substitute for viewing (or buying) the original.
Am I allowed to re-use photos or GIFs from Facebook, Twitter Instagram or Snapchat, or videos from YouTube? It all depends on what you’re using them for. It’s safest if you are critiquing the material — such as a “funniest videos” highlight segment on a broadcast, where you’re adding your own commentary, or if you’re making a parody or a mash–up that just “samples” other people’s material as an ingredient in a brand–new creative work. The danger goes up with the commercial value of what you’re using, so an AP photo published in a celebrity magazine is much riskier than an amateur Facebook photo.
Resources for Specific Laws and Regulations • SPLC Law Library • New Voices Laws & Statutes • New Voices Talking Points
Get Active What you can do to make a difference • Write an Op ed. • Set up a booth at your school about student journalist first amendment rights–– if you already have the New Voices laws in your state, educate others on their rights. • Get active on social media. #StudentPressFreedom • Work on a publication of your own. • Share your stories and testimonials about how you’re faced censorship and fought for your rights.
Get Publishe
ed.
Want to start a school publication or branch out and start your own independent publication? Here’s how Issuu helps students get their voices heard. • A tailor-made plan for student journalists • Issuu Student Publishing Toolkit • Student Press Magazine Templates • More free Magazine Templates
