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student press law center

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SPLC Report Staff EDITOR

CC).EDITOR

Ba rt M. Church

Beverly A . Keneagy Sf

11\0

EDITORIAL ASSI STANT

Va nessa A. FIQI

ART EDITOR

Orlando

Sea n P. Parks

$a!e u_ h

CI:

. 4-

U ."f'

WRlTERS

Cathe rine M . Dorn �

u", IS'

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0

24 SPLC's Report Ca rd

Lindy M a g n e r yo l ,..

f1d

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CONTRJB UT'NG CARTOONISTS U

Bob Staake �y Ol Soul,..", C

22 Ho w to Motivate Yo ur Sta ff

I>cItg JurII(1I C

Richard Sparks

'lilt....

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II",...

TYPIST

Dolores R is n e r

32 Access: How to Use the FOIA

Student Press Law Center DIRECTOR

M ichael

D o Simps on

EXECUTIVE COMMITTEE carol Ann Hall Rober t Kn g h l Joumoaam Ailnoi CMoo &nool . ".uou" � N_ MtJ$OuIr IM,I

Richard Johns

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LJlhan Lodge

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Kopenhaver

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LEGAL ADVISORV COMMlnEE Alan Levme. Esa Robert Trager Leon LetwJn. ESQ

34 Student Press Court Decisions

Chllstopher Fager, ESQ

40 Late Lamented Newspapers

ADVISORY BOARD Abraham Bass

IoJIItOUQ:In>m

LOUIS Ingelharl

Alma Kadrag c

Jou�AalI

Nottnern

.nQIS ScIlCIOI Pleu 4�

Dr RegIS L Boyle

CoIVtIIId ScIwJIaJlIc Preu "",-"

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John Buller H9'I School Pr.a "-" Ron Clemons

JDufMlu.tn EdUC 'PI "''''

James Crook H"PIJ St:IIOoI ,.,. S W B Daugherty � OJ JolMna " S Gale Denley Nof:III Sc;no/.J re p, WIlliam D Downs Jr 4 H.", Sc.nt»I p, William Flshel

Jack landau

ler Com,MI.. I", F_oI PI

Kay Lockridge

Soc.eIy 01 Prole»JOlWJ �I<SIS s.vnw 0en� C Marshall Mallock Emprt' .'. Pttru Jack Nelson ....

on

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Charles O'Malley Sc/llllIS l r.c P. ...'" James Presnell

5rl«'111 v-� � 01 Tit>

Morton 0 Schaap F/pI� &fIO/ PI A Alberl Scr oggins '" 411'"

C PilI

Rober! Skinner

I

...".

Barbara Hines

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4..." ", <II

Letters Courts Censorship . Government Fea tures . Grades , Ethics , . Access . Cases . Obituaries . 0

Ach

. . .... __ . . .....-.._..._. _-----

SPLC Repo r t

", eamlTltlJK41

lIlIIan S Be ll

W inte r

1979-80

0

3 5 12 18 22 24 27 32 34 40

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i


3.

he attempted to rega in it byenlistingthe help of the ACLU. The attempt failed. Now, by choice, Sco t t no l onger writes

The SPLC Report covered that story then, and did an upda te in the fall issue. That update, however, did not "

present an accurate account of what has actually happened . I n that story you quoted Scotl Clark

as saying he had no intention of q uitti ng the Roamin'Scroll staff and tha t "By ,

staying on. I'm beat ing them at th e ir own game." Scott Clark ha s not been on the newspaper

staff this fall because he

never even enrolled in the class. 'r our st ory makes only minor

me ntion of the c on fl ict between Scott and me which resulted in my being

made a defendant in this lawsuit. I d em oted Scotl rrom his posit ion a� editoral page editor because he did not paste up hi� page two issues in a row,

thus

fulfi ll i n g

not

his

responsibili­

ties as a staff member. T he issue of his de mot ion then, was added to the ,

ACLU insisted I reins tate him. I did not. The ACLU also insisted I r e move a l etter crit ical of him lawsuit.

and

the

worki n g relati o ns h ip with many

student after publication only if the item

Linda M. Vogt

stantial disruption"

Starts in the Classroom, a publication of the Natio n a l School Public Association.

Because

the

is sound, we have reprinted it here. NSPRA has granted

advice

"material and

sub­

in the school or a

"reasonably and factually supponed

peared in the October 1979 issue of It

Relations

constitutes

forecast of disruption."

offered

permission 10 photocopy this page and we suggest a copy may be of interest to adminslrarors.

4. Know

which arguments the cou r ts

hue rej ected

p ubli sher

The principal is not the

.

The student newspaper is

.

not a "house organ" of the school or the district.

5. Be cautious The

cou rts

a bout prior review.

have

yet

ruled

,

that it may be unconstitutional to read copy prior to publication and require the deletion of material believed to be li b elous obsc ene or p ote ntially .

As the new school year gets under

not

definitively on prior restraint meaning

disru ptive

CoP'Y'rlgnt I�I. Na,'IDlial Scnool Pub11C �eldtrOnG ASSOCl3tlOO

,

.

6. Treat students like professionals.

The courts say high school student�

way, one class of stu dents in particular is gettin g ready to try their wjngs�and

reflect an increasingly higher level of

their principal's patience. It's the budding young journalists running the

life.

nation's high school newspapers, who often seem to want nothing more than a confrontation with their ad. ministration in the exercise of their First Amendment rights On

the

other

.

hand,

that

con­

frontation is the last thing a school administrator wants, and the best way to avoid one is to become familiar with the law and use common relating

to

Roberson,

the

students.

sense in Margaret

educati on writer

for the

Spring Branch School District in Hous­ ton, Texas, offers these 10 points for with the student press:

1.

Take the timt' to learn precisely

what First Amendment rig hts exist for

journalists. I do not believe in censorship. a nd I felt Scott had a right to pursue his press freedoms with the

s tu d ents

school board. " was only because [ do

freedom as professionals. 2. Know your own courl system.

defendant in

thi s lawsuit. Scott was angry because his

Student press rights often differ, especially on issues not decided by the

power as page editor was taken away. so

Supreme Court.

a

distribution of student newspapers if the regulation does not relate to the

newspaper staff members and with me.

I have been the newspaper ad viser at Gladstone for seven years. I suppor t my

believe in a staff member performing his

speech merely because they disagree

newspaper's content; and (3) Adminis­

principals on how to avoid conflict

duties that I was na m ed

Ad­

student

trators may censor an item or punish a

rrom hIS file. I did not do that. either.

stud ents and believe in thei r rights as

restrict

but in doing so d e stroyed

,

The following column originally ap­

was named a defendant in a lawsuit brought by Scott Clark and the ACLU.

(I)

cas es:

cannot

accomplished many thmgs for student

Advice for Principals

am the newspaper adviser at Gladstone High School, a nd last spring

newspa p e r

school

with it; (2) Administrators may control

Newspaper Adviser

I

basic

;n the middle of this conflict. The experience was pai n ful (or persons on both sides of the case. Scott

his

In the Middle

three

ministrators

journalism

r

the

for or edits the Roamin' Scroll. As an a d vise r I was d e fini tely caught ,

i

Understand

doctrines that have grown out of high

.

You'll find that the courts

have said that high school journalists are

guara ntee d

nearly

the

same

____ I _______________• ___ •__

maturity and have a serious outlook on 7. Make sure students recognize and appreciate the role that administrators have in regard to the paper. V isit the

pa per early in the year and talk about it.

8. Do

not expect facuity advi sers to

be censors. They cannot do that any

more than adminst rators can. Advisers shouldn't be advocates either for the students or the adminsitration�just for the rules established by the courts. 9.

Communicate

regularly

with

studenl editors and advisers. Arrange

meetings

to

discuss

press

law

and

changes i n it, procedures for review, and the importance of discussing issues inste ad of provoking confront ation.

10. Ask your students to publish at the beglning of

ea ch

year the guideline s

they will follow-the purpose of the

paper, the content in general terms, and the legal and ethical li mit atio ns of the student press. These guidelines should be discussed with the adviser and principal and agreed upon before

publication.

-Winter 197'9-80SPLC Fi-eport 3


CASStigated The jollo wing leller was signed by representatives

oj eight

major college

journalism organizations commission

increase

10

protest a

announced

in

No vember by CA SS. the on��' company that oblains national advertising

for

col/egl! papers.

The November 1 4 notice of CA SS's commission increase has reached t he college newspapers. S uch an increase is unwarranted and de fi ni te l y unfai r to college newspapers from both a bu s i ne ss a n d ed i to rial s ta n d poi n t. CAS S , as t h e only rep i n t he fi e ld advertising for na t i o n a l ha nd l i n g college newspa pers, has. in fac t , a monopoly i n t his a re a . The c u rre n t commission CASS takes on adve rti sing pla ced in col l ege newspapers is 42 pe rcent of t he billing from the sc h ool 2% advertising age ncy ( 1 5% + commission + 25'1f, CASS c o m m i ss io n eq u al i n g a net figure of 37%). At t he present t i me that is approx imately t w ice the commission c h a rged by representa­ tives d e ali n g with other areas of t h e me dia . The CASS increased comm ission o f five percent will make CASS's net co m m i ssion 3 7 pe rce n t ( 1 5% + 2% 30% ad ve r t i s i n g a ge ncy commissio n CASS c o m m i s si on ) of the billing fro m eac h sc ho o l fo r ad ve rt i s i n g pla ce d for national firms. O ve r the yea rs CASS ha s been a b l e to rece iv e i nc reased m o n ies each yea r t h r o ugh the i nc rea sed rates col lege ne w s p a p e rs c h a rge d fo r

effec t s . Firs t , t he i n c rease i n ra t e s a nd commission will act to t u rn na t i o n a l a d ve rtisers a wa y fro m the s t u de n t newspaper ma rk e t beca u se of ra t e s t h a t ma ke i t unreasona ble t o buy col lege a d ve rt i sin g space. This w i l l in turn lower the amount of a d ve r t i s i n g placed and bri ng lower revenues to t he college pu b l i cati o n s . The h i g he r commission will ta ke funds t hat ha ve been planned to pay for p ri n ti ng and operation of t he st u dent press. A t t h i s t i m e m a n y s t ud e n t n e w s p a p e r s a re e x p e r i e n c i n g a s ignifi c a n t d ro p in t he p l acement of n atio n a l adve rtising by CASS for the fa ll term as compa roo to the previous two ye a rs . T h e r e f o r e . s t u d e n t pu b lica tio n s a re be i n g a sked to pay m ore for less. I n a d d i tion , C ASS has i nc rease d staff size t h is year. moved to large r offices and suggests I hat it plans t o g i ve empl oyees an 1 1 - 1 3 percent cost of l i ving i ncrease in wages. S econd, t he e ffec t of this ra t e i ncrease will no t be fe l t only in the busi ness o ffice of the student p u blica ti o n . Less money

na tion a l advert i s i ng.

add ition, CASS has asked [n newspapers to m a k e a d ecision on ra te i nc re ases a few wee ks before t he end of the fa l l term a nd wi t h very short t i me for a ny

logical a nd busi nessli k e decision

p rocess o n the pa rt o f t h e newspa pe rs .

Bu d ge t s for co ll e ge p u bli c ati o ns a re planned mo n t h s before t h e begi n n i ng of the fall term a nd a re fixed for the yea r. A d d ic ional costs will be inc u rred by t h ose choosing to ra ise ra te s to offse t ( he C A S S i ncrea se in the areas of race card printi n g . and o t h e r m ate ri a l s necessa ry to d e a l with an u n e x pected ra t e c h a n ge . Co l l ege n e wspaper n a t i o n a l rates are t he hig h h i g h to o ffset a lready c o m m i ssion paid t o CA S S . A d d it i o n a l increases ca n have two very d e t r i m e n t a l

4

SPLC Repo(t

W i n t e r 1 979-80

for t he publication beca use of the C ASS commission i ncrease wi l l da m a ge t he e d i t o ri a l operations of the college press. Less i ncome and perhaps fewe r a d s from na tiona l fi rms will mean fe we r pages and a reduction in news g o i n g t o th e ca m pu s . S i nce many papers e x pec t n a t i o n a l a d ve r t i si ng to be a s i za ble po rtio ns of t he paper's budge t many may be forced i nto a c ri tica l edi tori a l s pace s hortage t h ro u gh a c u t i n reve n ues.

We ask t ha t C A S S reconsider t h is precipitous move to i ncrease its ra te o f persona l c o m m issi o n a nd to rea ssess its cu rrent budget and make adj us t ments wit hin. CASS is curre ntly t a king a 25 pe rcen t gross commi ssion on its services a nd a 30 perce n t one wi th the 5 pe rce n t i nc rease w i l l be almost three times the i nd us t ry n orm s for l i ke se r v i ce s by ot her w o r k i n g wi t h m e d i a compa n ies o rgani7.a t i o n s . W e t h i n k t ha t t h e a c t s c u rre n tly being

by C ASS are detrimen tal to the welfare and future wel l- b ei ng of the ta ken

stude n t press.

T H E POW ER OF TH E PEN The Student Press Law Cen t e r is not the only place students should look to t or in· formation about thei r First Ame n dmen t rights. The most i mportant agent for free· dom of the press is the press itself. With this in mind. the Center is sponso r i ng the Second An n u a l SPLC Jou r nal ism and Art Awa rds. We a re e n cour ag i ng h igh school and col lege journalists and ar­ t ists to address F i r st Amendment issues in an edito ri a l , news article. feat u re or cartoon. Separate awards wi ll be g iven for writing and art, and entries w i l l be grouped into high school or college categories. Winning entries will be publi shed in t h e Spring i ssue of the nationat SPLC Report toget her w i t h a resume ot the winners. To be el igible send us a copy of the newspaper containing you r entry, published in a high school o r college newspaper or magazine. Entries must be postmarked no laler than M a rch 1 5 , 1 980. Entry tee: A yea r ' s subscript ion to your student newspape r.

------ ENTRY B LA N K -------­ SPLC JOU RNALISM A N D ART AWA RD ------� �� __ __ NAME __________________ ----� � P LEASE PRINT

HOME ADDAE�

__ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __

CITY, STATE . ZI P_________________________ SCHOOL

__ __ _ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __

NEWSPAPER

DATE ARTICLE PUBLISHED

o Yes, I have placed the SPLC on my newspape r's mailing list.


MARYLAND

Players Lose It If you

become

a

star

basketball

player, there is still one thing the side­ lined waterboy will h av e over you: priva cy ...

The Maryland Coun of Special Ap­ peals agreed with a lower court deci­ sion in a $72-million, precedent-setting lawsuit last October that six University of Maryland basketbalI players were public figures and thus did not suffer an invasion of privacy or mental duress when the university's newspaper, the Diamondback,

and the

Washington

Star reported that the players were in academic trouble. The case was dunked on the papers'

back in 1977 after the Star named the players who were in danger of "flunk­ ing out," and the Diamondback did the same and even listed their grade­ point averages. The Court of Special Appeals agreed with the original finding that the play­ ers had sought the "limelight" by join­ ing the team. Therefore, they "will not be heard to complain when

the light

focuses on their potentially imminent withdrawal from the team," said the special appeals court. "The players' possible exclusion from the team-whether for academic or any other reason [is) a matter of legitimate public interest," concluded the court. The players also argued they were entitled

to

theory that

money

the

d a m ages

on the

defendants had paid

someone 10 illegally obtain access 10 private university records. and that

such

"inlrusion was unreasonably offensive,"

The court rejected the p laye rs

'

claim

noting that none of the defendants had

personally "j nspect ed confiden I ia I university files or solicited a third party to o bta i n Ihe information," but rather had

obt ained

"gratuitously

t he from

informa tion an

unnamed

source."

COURTESY OF PEGASUS PHOTO. RICHARO FARKAS

Maryland's Lawrence Boston had more success shooting than suing

since bot h courts the papers did not invade

the Diamondback from the suit be­ cause of charitable immunity. Mary·

consider the issue.

land Media, Diamondback's parent or­ ganization, is a non-profit organiza­

the players' privacy.

tion and charities cannot

Maryland State Court of Appeals but

be sued in

found that

The players have appealed to the that court has not decided if il will hear

Maryland.

A third issue in this appeal dealt with

The players questioned the decision

the lower court's decision to remove

but the court of special appeals did not

the case.

-L.M.

Winter 1979-80

SPLC Report

5


One Vindicated They won. After bei ng ca lled " i n s u bord i nate students" by a U . S . d i strict j u d ge who said t hey had n o right to even be in federa l cou rt, fou r New York students have been v i nd icated by a u na n i mous decision of the U . S . Cou rt of A p pea l s fo r t he Second C i rcuit. The a ppea l s court ru led i n Septem ber t hat t he students s h o u l d n ot have been p u n is hed by school ad m i n is t rators for p u b l i s h i ng an off-ca m pus news paper, a nd t hat t he d i st rict court erred i n its d ecision agai nst the st udents. Last Ja nuary four Granv i l le J u nior­ Senior H igh School students decided t o prod uce a sex u a l sat i re magazine based on t he National Lampoon ca l led Hard Times. Some of t he stories i n Hard Times were p rod uced on school ty pewriters and w i t h t he k nowledge of t h e students' history teacher. H owever the pa per was pri nted and sold ent i re l y off-ca m pu s . I ts lead ed itoria l w a s on masturba­ tion, a nd t he pa per covered such topics as wrestl i n g c heerleaders, castra tion, and a n a lleged ga y Ba rry G i b b. A pprox i mately 70 copies were sold before t he p res ident of t he school boa rd got a copy from her son a nd i n itiated a n i nvestigati o n . Eve ntual l y , the fou r students most d i rect l y involved were sus pended for fi ve d a ys a nd lost many of t heir school privileges. U nsold copies of Hard Times t h a t had been stored i n the h istory teacher's ca binet were seized . The students, t h rough t he i r parents,

fi led suit in federa l court c harging t hat bot h a c t s we re u n c o n s t i t u t i o n a l i nfringements on free d o m of s peec h a nd p ress. U . S . D istrict J u d ge J a mes Foley ru led t hat t he a d m i nis t rat ors act i o n was a p propri a te "to i m pose d i sc i p l i ne u pon i nsu bord i nate stude nts$' ( See S P LC Report, Fa l l 1 979). H e a lso d ecided t ha t t h e "students' so-ca lled e x p ression p reci pi ta ted events which underscore t ha t t he i r cond uct was potent i a l ly d i s r u p t ive t o d isci p l i ne i n t he ed uca t i onal system . . . . " H e d i d not e la borate on w ha t d isruption act u a l l y occ u rred . T he a p pea ls court, i n loo k i n g a t t he facts, found n o d isruptio n . " A ny p rediction t ha t Hard Times. by i tsel f, wou l d cause d isruption or ha rm is without a shred of basis in t he releva nt ed u c a t i o n a l a n d p s yc h o l og i ca l l i tera t u re," said Dr. M orris Berger, a p rofessor of educa t i o n . T h e Cou rt of A ppea Is men t ioned a nd a ffi rmed Berger's conte n t i o n . The a ppea l s court a l so d i sagreed wit h Foley on seve ra l other poi nts. Foley d id n't t h i n k t he case s hou ld even have been i n federal court. "It is ha rd for my m i nd to accept wit h equa ni m ity t he propos i t i o n t hat t h i s h i g h school a d ve n t u re, s i m i l a r to t he ex pected high school p ra n ks t ha t often occur, rises to t he stature of a fed e ra l const i t ut io n a l case," sa i d Foley. "The proble m , in my j udgment, seems pa rt i c u l a r l y one for solution w i t h i n t he p u b l ic education system of New York, which is noted for i t s safeguards a nd reviews in matters of t h i s k i nd ." The a p peals cou rt d isagreed w i t h t his fi nd i ng: " . . . [T]he caselaw e x p l ica t i n g t he l i m its of govern ment a l a u t hority over e x press ion counse ls. bo t h i m p l ic i t l y a nd e x p l icit l y , t h at t he const itut ional s t a t u s 01 s peech b e determi ned by t he j u d ic i a ry, t he one i n s t i t u t i o n of government i n ten t i o n a l l y designed t o rend e r d ispassionate j ustice," ruled t he court. The maj or d i sagreement between Foley and t he C o u r t of A p pea l s w h i c h pro b a b l y ca used the case t o be overtu rned u na n i mo u s l y , was whether t h e s t u d e n ts could be p u nished for

------ --------------

6

SPLC Repo rt

W i n t e r 1 979-80

h a n d i n g o u t l i tera t u re o ff school gro u nd s . " A l l but a n i nsigni fica n t a mo u n t of relevant activ i t y i n t h is case was d e l i berately designed to t a k e place beyond the schoolho use gate," conc luded t he a p peals court. " We may not per m i t school a d m i nistrators to seek t he a p prova l of t he co m m u n i ty-at­ la rge by pu n is h i ng students for e x p ress ion t h a t took p lace o ff schoo l p ro perty. I f t hey [ad m i n ist ra t o rs] possessed t h is power, it wou ld be wi t h i n t h e i r d iscretion t o suspend a st udent who p u rcryases a n issue of National Lampoon. the i n s p i ra t i on for Hard Times. at a neig h borhood newssta nd a nd lends i t to a school fr ie n d . " Bot h Foley a n d t he a p peals cou rt intent i ona lly d id not a d d ress d i rect l y the issues of whether Hard Times was o bscene, o r w het her its d i st r i b u t i o n on ca m pus was p rotected by t he F i rst A me nd me nt. N everthe less, R icha rd E mery, t he New York C iv i l L i bert ies U n ion attorney who defe nded t he st udents, considered the decision a maj or vict ory. "Th is s h o u ld mea n , for exa m p l e, t hat h i g h s c h o o l u n d e rg ro u nd pa p e rs p u b l ished off ca m pus a re now safe." said E mery. " Except to t he extent t ha t kids a re regu l a ted b y t he i r pare nts, t hey now have t he same rights t o e x p ress t h emse lves outside school as a d u l t s d o. " F loyd A bra ms , a n attorney who has d efended many p rofessi o n a l j o u r n a l ists in First A mend ment cases, ca l led t he d ecision "a swee ping affi rm a t i o n of t he Fi rst A mend ment right s of high schoo l students i n t hei r no nsc holastic l i ves, and as such a maj o r statement a bout t he right of freed o m of ex press i o n ." The Cou rt of A p pea ls sent t h e case back to Foley for a decision on what re l ie f the fou r students sho u ld receive. The stud e n t s a re see k i n g court costs a nd e x p u ngement of a n y men t i o n of t he i ncident in their record . The stude nts' att orneys w i l l also ask t he court t o order t he Board of Ed ucation to pay their attorneys fees. The case is being a ppea led by school officials to t he U . S . S u preme Court. 7homas P . Board o/ Education ( N o. 797382, Oct. 1 5 , 1 979). - B. M . C . •


One Vanquished 'i

j i

;j l I

I

r

I

They lost.

challenge

Two students at Warsaw Community

Sharp ruled that although "the statute

administrative

decisions.

High School, who filed suit last March

deals with suspension and expulsion ...

plaintiffs have graduated and the facts

to revive their school paper, were told

it is equally true that student or parental

of the case have changed greatly.

by a U.S. district judge in September

grievances concerning abridgment of

that their constitutional rights may have

constitutional

been violated, but that they should have

protected by [the Due Process Act]."

rights

are

similarly

The

Indiana ACLU reported that

they will not appea I the case because the

This year Warsaw High School does have a school newspaper. despite the unsuccessful

suit.

Principal

Green

pursued all possible solutions within the

Jeanne Swartz, the ACLlJ attorney

school system before coming to court.

who represented Summe and Grisso,

Anne Summe and Jeri Grisso began

new

said that no one, not the students and

their suit after Principal Ray Green and

established.

certainly not the administrators, even

Superintendent Charles Bragg ordered

makes its own guidelines-a parent,

considered the idea of applying the Act

faculty member. sponsor, and editor

to grievances on student press rights.

decide what editorial policy should be."

.1

(,

"A student has the constitutional right to turn to the federal courts rather than a school board to correct violations of First Amendment guarantees." that

the student paper,

KOnlac,

be

Process Act and creates a forum for

appeal a decision to the publication

review." said Swartz."It was completely

committee.

unclear

as

to

where

an

aggrieved

student journalist was to go [to make gri evances]." should have used the Due Process Act

which is obscene, or which is calculated to disturb the orderly operation and

to solve their problem, before suing. He

discipline of the school," said Green.

said the procedures provided were more used.

Indiana law. As previously discussed,

Grisso. "Tiger A live" was begun after

this matter could have been decided by

Summe complained about prior review

the

procedures

procedure provided the student in the

Where a

simple

a

simple

plaintiff

to

follow

resort

to

remedy sh ould

the

the

is be

existing

specific

school system."

Konlac

Michael Simpson. director/attorney

unconstitutionally infringed the First

of SPLC disagrees with Sharp'S ruling.

Warsaw's

He said that when the First Amendment

students, alleged the Summe and Grisso

is involved, students have a right to

1979).

proceed directly to the courts for relief.

rights

of

suit. (See SPLC Rf'port. Spring

Judge Allen Sharp said that there may

have

been

a

constitutional

several decisions which clearly state that students

students

tried

remedying their problem in the school system. He added that all students are protected by the Indiana Due Process and Pupil Discipline Act, which "goes be yond

the

generally

recognized

minimum requirements of notice and fair hearing and is a pioneer statute in the area of student codes." The Act outlines a process of appeals within the school system for students to

SPLC

have with

to

Swartz. No

contacted

complaints

ACLU as

of

or this

printing. Students recently lost another court decision in the same court, with the same judge (see story p. Warsaw 48

S f'P I .

COlllmunilr 21. I 979).

10). Sumll1e

I'.

S{'hool (No. 579-

â&#x20AC;˘

-¡B.M.C.

"The case was thrown out of court on

question

the

according

students

a technicality," said Simpson. "We have

violation, but refused to rule on the until

No appea I or further cha lIenges of the administration are planned by Warsaw students,

"The Indiana procedure provided is

according to Summe and

Amendment

the

and used all methods within the school

Warsaw."

Suspending publication of

reserves

Talf's of materia I t hat reasona bly might

encouraged

his

administration

cause a defamation of character. or

available

and

"The

right to prevent the printing in Tiger

Sharp ruled that Summe and Grisso

"stories that convey a positive image of

Green

been

Decisions are to be made jointly by

was reviewed by Green and limited to

KOnJac.

has

Tales.

also said. "the paper

the editor and adviser. but either may

simple.

used by

Tiger

He

papers into the Indiana Student Due

paper. This page, called "Tiger Alive,"

predecessor for the

paper,

"The decision at least places school

than adequate and should have been replaced by a page in the community

reports that an adviser was found and a

do

not

have

to

exhaust

administrative remedies. "A

student

has the constitutional

right to turn to the federal courts rather than

a

school

v iolations

of

board First

to

correct

Amendment

guarantees." Simpson did add that students should pursue remedies in the school system "because litigation can sometimes be avoided."

Winter 1979-80

BY SEAN PARKS

SPLC Report

7


G EORGIA

Court Hears Five Censorship Charges " T he princi pal ca m e on t h e school's PA ( p u bl i c address s yst em ) and said, 'I know t h is is i l l egal but I would like each one of you to pray for u s

as

w e go t o court today: "

'· W.O. S m i t ha w i l l provide lead ership to keep o u r scho o ls

on a segregated basi s . He knows it to be in t h e best in t eres t to educate the w h i te c h i ld re n apart fro m the co lo red ."

t he A rrowhead. i n a s u i t a l l eg i ng t ha t t h e M c Ea c h er n H igh School ( Cobb County. Georgia) ad m i n istration vio lated

I n October, P r ol teau p ro h i b i t ed the A rrowh ead fro m a n a r t i c l e w h i c h re p o r t ed H a tc h e r's confisca ti on of t he September issue . P ro t te au also p ro h i b i t e d t he Arrowhead from p u b l is h i n g a commen tary d is c uss i n g why the M c Eachern Hig h School Football team loses ga mes. On October 30. Rei neke's atto rney. H oUma n , se nt a lei te r to H a tcher a nd Protteau i n form ing them t ha t t heir

h is Fi rst A me n d me n t rights.

ac tio ns

So said A t to rney W il lia m H offman in re p o r t i n g tact ics used rec e n t l y by M c Eachern H igh School officials to avoid l o si n g a student pres s ri g h t s case fi led a ga i ns t them in

federal d i s t rict court la�t N ovem be r . H offman, a v o l u n te er attorney for t he A merican C i v i l Li berties U n i o n , i s re p res e n ti n g Chuck Rei neke, editor o f

" We t rie d to get the si tu a t io n remedied b y t a lk i ng t o t he

p u b lis h i n g

v i o l ated

R ei n e ke s '

co nstitutional

rights

and

ad m j n is t rators � , said Rei neke , "When t ha t d id n't wo rk , we

th rea tened t ha t if t hey did not a l l o w the censored material to be pu bl i s h e d a nd re fra in from futu re censors h i p .

fel t t he re was no o t her act io n to take t han to file s u i t

l i t igation would be p res se d

,"

The

laws u i t seeks a permanent inj u nction agai nst censorship of t h e A rro whead and a cou rt ord e r req u i ring

.

" W h a t ce nsors h i p? This was just t he su perv ision of st uden t s in a cl as s r oo m sit uation." said Cobb C o u n t y

School

board a t t orney Fred Ben tly. I t s not ce n s o rs hi p . I t's no more t han e d i t i n g Ac cord i n g to t he suit, Principal H atcher and Ad viser Proltea u had not o n l y refused t o a l l o w mate rial to be r u n . b u t a ls o i nsisted the A rr o H'head not b e p u b l ished o r d i s t rib u t ed a t t h e s ch o o l u n t il Reineke's l i t i ga t i o n was e nd ed . T h e p a p e r has n ot been p u b l i s h ed as of t h i s "'

'

."

" What censorship? Thi s was just the supervision of students in a classroom situation."

pri n t i ng.

t he ad viser a nd other scho o l officials to p er mi t p u bl i ca t i o n of s evera l censored articles. A p re t r ia l he a ri n g was held on J a n uary 7 t o ga the r testimony o n a lleged ce ns o rs hi p -

The cont roversy began l as t s pri n g when t he A rrowhead was p r o hi bi t ed from p u b l is h i n g an article t ha t s tat e d t hat t he school's d a ily dev o t i o n a ls over the p u bli c add ress system were unconst i t u t i o n a l . Acco rd i n g t o t h e suit, in S e pte m be r , A dviser J a n -

"

s u p pressed pa rag ra p hs "

w h ich d iscussed t he

a t t i t ud es of s o me new teachers a bo u t t h e id ea of having hom osex ual t e a c he rs . The a rt icle q u o te d teachers as sa yi ng : I would not l i k e m y c hi l d ren to h a ve a h o m osexua l teacher; ho m os e x u a l i t y goes agai nst my re l i g i o n ;

se x u a l i t y is p r i va t e

,

u n less i t i n t e r fe re s w i t h teaching:

h o m o sex uals s hould be a b l e t o te a c h without b u t not i m p re s s t he i r sexual views on ot hers.

prej udice.

S t i l l in Sept em ber, P rolleau ce nsored a nd de leted the word " d amn" ea c h t ime it was use d in a prin ted interview with a radio talk show ho s t . Accord ing t o t he s u i t , t h e sa m e m o n t h

P ri n ci pa l T.J. H a tcher �confiscated a l l c op i es o f t h e A rrow hea d after it had already " been p r i n t ed a n d p a r t i a l l y d istributed. Hatc her even re q u i r e d those s t u d e n ls who had a l ready purchased such c op ies t o giv e th e i r c o p i e s to h i m . " ,

"

T h e S U i l sai d t hat t he reason H atcher seized t h e paper " was his d es i re t o censor and suppress an e d i torial" in t he paper which revealed thai a c u r re n t board of education me m be r. r u n n i ng for re-election, had favored s egre ga t i o n in 1 9 60. The A rrowhead p u b l i s h e d a po l i t i c a l advertisement from a 1 960 M a rie tta J ou r n a l t h a t re a d :

8

D is t rict .

i t s five a t t o rneys. t h e

h ad it been a l l owed t o run. O ne legal wa y a school ca n

i n cid e n ts.

ProHeau

The Cobb Co u n t y S c h oo l

p ri n c i p a l , and a d v is e r, all argue t ha t t h e censored material w o u l d h a ve c a u sed a s u b s t a n t i a l d i s r u p t i o n of t he sc hool

S P LC Report

Winter 1 979-80

ce ns o r i ts s t u d e n t pu blica ti o n is if it p r ove s the conte n ts would have p ro v id ed

a

s u bs ta n t ia l

disruption.

The p lai n t i ff ( Re i n e k e) used severa l ed ucational a n d psyc h o l ogical ex perts to d i s p rove t h e ad m i nis t ra t i o ns cla i m t ha t a su b s t a nt ia l d isrup t i o n wou ld h a ve occ urred. To p rove t h ei r a sse r t i o n , t he d e fe n d a n t s set u p a t a ble in fr o n t of t h e school so stu d en t s could s ign a rfid avits ( lega l state m e n t s 1 0 be used in co u r t ) saying t he y were t o l d what had be e n censored from t he paper. and t h a t t h e y be l i e ve d pu blica t i o n

h ad

ca u se d .

"subst a n t ia l d i s ru p t j o n

and

at t he i r

would

school.

h a ve

ca u s e d

a

I t i s n o t k n o w n w h e l h e r t he j u dge wi l l accept s u c h u n q ua l i fi ed a n d q u es t i o n a b l e col lec t ed t e s t i mo n y sa i d H offm a n The p rinc i pal tes t i fied in the J a n u a ry 7 h ea ri n g that he .

.

never read newspaper copy befo re it was pri n ted a nd he only confisca ted material after receiving complaints from students, ac co rd i n g to t h e A tlanta ConsrilUlio1). .

R'e l O e l< e mai ntai n S that n o substanlJal d isruptIOn would

A rrowhead's d is t r i b ut i o n . only a few s tudents d isl i ked A rrowhead's cove rage and it wa s t he adm i n ist rat io n who really objected . S PLC a t te m pt ed t o co ntac t H atcher and Protle a u bIll was told that t hey could not t a l k to t h e p ress while t h e case is in l i t i ga t i on have o ccur re d as a res u l t of t h e

He

also

a r g ue s

t h at

.

.

-B.A . K ,


_ 1 "The principal came on the school's PA system and said, 'I know this is illegal but I would like each one of you to pray for us as we go to court today."

Allorney

William Hoffman

Editor Across Town Says:

'Fight For Rights' While

Charles

Mableton,

a

COULDN�

PRINT' R E I N E K E FIGHTS FOR

for freedom of the student

press,

ALL

but for THEI R right Constitu t i onal li be rties

enjoy

."

U.S. District Federal Court against the principal and journali sm

teacher of his school for repression

of first and fou rteent h amendment was

rival editor

Georgia.

Charles Reineke is fighting not only

FALCON

Charles Reineke. editor of the

taking his adminstrators to court Candi Oxendale,

are too i gn orant to

BROOK

McEachern Arrowhead news­ paper. has recently filed suit in the

Reineke

wrote

.

in

rights. That fourteenth

is.

t he

Ii rst and

amendments

of

the

United States Constitution.

I would hereby like to commend for his a ction. I n high

the

fo llow in g ed it oral s upp o r ting Reineke's case for the Pebblebrook

reali ze that

"READ WHAT THE PEBBLE­

to

.

The Constitution was not written with restrictions put upon certain groups.

For

exa mple,

fi rst

the

amendment does not read" . , .. freedom of the press, except for high school students." Admittedly. this is an absurd example, but it still proves a valid point : if the civil liberties

certain groups

of

restricted.

are

it will only lead to rights

being taken away from any group.

Reineke

Any limitations of basic freedoms

Falcon.

school. far too many students adopt an att i tude of total intimidation,

simply defy

The ad mi nistration censored it. As a result Oxendale and fellow

trouble." It is time that students

High School's

staffer

Nick

Contento

resigned

from t he paper. ''I'm not going to be a hypocrite

afraid

that

be gan

they

to

will

f i g ht

"get

f or

into

t h eir

constitutional rights.The Supreme Cou rt has ruled in precedents that

and have my name ass ociate d with

students

the paper when the principal dictates what we print and don't

Constitutional

print," said Oxendale. Oxendale xeroxed 500 copies of

the lead set by the precedents,

the editorial and distributed it by hand to fellow students.

do

no t

lose

rights

their

while

in

school. and students should follow It is always difficult to be one

supervised

especially

in a closely

environment

such

w r i t t e n.

T h e r e f o r e,

as

social reforms. These few are the true leaders of any society, though by

their

peers.

For

is

freedom

of

the

press,

be

they

seventeen or seventy. In conclusion, I would like to express my wholehearted support

of Charles Reineke's case. ln the face of criticism and lawsuits, one much. but it is nice to know that

someone's on your side, Thank you,

Charles Reineke. fo r fighting (or all

of us. Candi Oxendale

high schooL Yet if it weren't for

those few who had the nerve t o take u npopular positions, there could be no progress in human ri ghts or

they are often ridiculed

it

unconstitutional to deny anyone

person's support may not seem like

who finally rebels against unjust practices,

the basic princ iples

upon which the constitution was

or scorned example,

McEarchern students were quoted as saying that Reineke had "gone

"The

Pebblebrook administra­

tion would not allow this editorial to appear in print. This type of action is in violation of

direct

and

open

the United St a tes Constitution. Falcon editor!> Cand i Oxenda l e a n d Nick Contento resigned from the paper

as a result Remember:

of this censorship. Censorsh ip is a

too far" or had "overstepped the business of school newspaper." I

viola t ion of

really pity these students for they

TIONAL RIGHTS!"

YOUR

Winter 1979-80

CONSTITU­

SPLC Report


I N DIANA

Book Banning Bolstered Edilor's concerns a

n u te : The following report

"soc ia l . p oli t i ca l a n d m o ral va l u es" of

by the same {'uurt

t h e i ndividual boa rd m e m bers, a nd that I h e personal biases o f t he b oa rd members were no t va l id grou nds fo r such decisions. The court sai d t ha t t he studen ts' "academic freedom" a n d "right to k now" w er e not v i o la te d . J ud ge Sharp wrote in h i s fi ve-page o p i n i o n :

del'ision

and judge Ihnt ruled againsl Sluden l journalisls in I h e Summe case. Slory

p.

7)

Book

banning

(See

is /051

becoming a legal conlroversr - wilh some judges ruling agains l il and olhers

for il (se e

Fall R e p o rt 7 9), Thisjudge is

for il.

J ud ge A l len S h a rp has had a b us y fa l l d e fe n di ng cha llenges to the a u t h o r i t y of W a rsaw S c h o o l o ff i c i a l s . The federal judge ruled Dece m ber 3 that t he Warsaw School Board o f Trustees could ba n bo o ks. Students who cha l l e n ge d the ba n h a ve a p pealed to t he V . S . Court of A ppea ls for the S eventh Ci rcui t . Brooke and Bla i r Zyka n fi led s u i t last yea r a fter t he school board o rd ered the book Go A sk A lice rem o ved from the

I

r '.1 :.

mi n i n g t h e m o s t e ffici e n t method o f

ex pos i n g students to as m a n y fa cts and op i n io n s as possible; ral her, it is l egiti ma t e fo r school officials to d evelop a n o pi n i on about w h a t type of ci tize ns are good c i t ize n s, 10 d et e r m i ne what curriculum a n d material w i l l best develop good c� t lze ns , and to p ro hi bit the u s e o f texts. remove library booles, a nd delete cou rses from t h e cu rriculum as a part of the effort t o s ha pe students into good ci tizens, "And t here is no way fo r school o fficia ls to make the determinat ions i n volved e x cept o n the basis o f personal moral be liefs," the j u d ge c o nc l u d e d . A deci s i o n on the students' appeal is not ex pected u n t i l late 1 980.

"C rea t i ve

Zykan

Writing:' The s tu d e n t s cla i med that t he b oo ks a nd cou rses were b a n ned b eca u se t hey offe nd ed t he

1

"The fu n c ti o n of s c h oo l official s is not consti tutio n a l l y r e s tricted to d e t e r ­

H i g h Sc h o o l L i brary, p r oh i b i te d the classro o m use o f live books ( i n c l ud i ng The Bell Jar), r eq u i red certai n pages to be re moved from a text book and d eleted ten c o u rse s from t he curricli l u m, i n c l u d i n g " S h a k e­ s pea re," " B la c k L i t e r a t u r e," a nd Wa rsaw

i

j

I'

z ::>

'"

w ::Ii ;::

I ,

&I >::Ii ci

w

-" w

Warsa w CommunilY School

Corporal ion - M . D.S.

z

Q

(No. 5 79-58

Del'.

« I

3, 1 9 79). •

Q ::Ii

FlO R I DA

Alligator Bagged; Poachers Escape E i g h l V n i ve rs ity of Florida s t u d e nt s.

who

stole

1 7,500

Independenl Flo rida

cop i es

of

t he

A lIigalor in 1 976

t o prevent distribu t i o n of a poli tica l end orsement they d i sa g r e ed w i t h, have gOl l e n off scot-free. The a l l eged t h ieves we re sued by th e A lligalor " fo r convers i o n of t h e newspa pers with i n t e n t t o i n t erfere w i t h p lainti ffs [the A lligalors] bus i n ess , " T h e s u i t fa l t e r ed i n Florid a's Ei g h t h Circuit Cou rt when t h e judge insisted t hat the A lligalor reveal the na mes of a l l eye wit nesses to I he t hefl . T h e A /ligalor d id this fo r t h ree of t h e w i t nesses, b u t refused t o for t h e l a s t , w h o t hey sa id was a "confid e n t i a l source." The j u d ge dismissed the suit i n J u l y,

10

SPLC Repo rt

1 979 sa y i n g that the d e fen d a n t s were within t he i r r i g h t s i n t ry i n g 1 0 '"discover" all t h e wit nesses against t h e m . The A lligator a p pealed t he case to Flo rida's First Dist ricl Court of A ppea l , on the grounds that the o rd er t o re vea l n a mes v i o l a t e d the F i rs t A mend m e n t . The a ppeals c o u r t d i s a greed w i t h t h e p a per a nd u ph e l d the lowe r court's rUli ng. " The A lligalor's attempt to exercise First A m end m e n t freed o ms was chil led, a n d in t he m os t d i rect way i m a g i na b le ." the a p pe ll ate court h e l d . b U I , " p la in t i ff is not a bystander in the p rocess but a principal-he ca nnot ask for j us t ice a nd d e ny it t o t h o se he its

W i n t e r 1 9 79-80

accuses," t he court said.

The court of a p pea l declared t ha t , s ince t h e A lligator w a s su i n g , it h ad t h e respon s i bi l i t y t o prove the g u i l t of the st udents. a n d co n s eq uen t l y would have to reveal a l l eye wit nesses. The A lligolor argued tha t a " news reporter's p rivil ege" p ro t ected t h e i r sou rce, even i n a c iv i l suit w here the p ress was p l a i n t iff. Because of fi na ncia l and ot her consideratio ns, I he A lIiga10' 's board of d i rec t o r's voted u na n i m ously not to a ppea l t h e i r ca se t o t h e Florida S up reme Co u rt , Campus Communi­ cations, Inc. el 01. -B. M , C .

I'

Rantl; Ellen Freedman,

4�


COLORADO

'J 1

i!

Judge Allows $12,400 Funding Cut A Color ado state court added more

issue in t h is case is whether the student senate is an extension of the

Community College a preliminary inju n tion last September that would

administration and therefore engaging

have forced the student government to

r estor e

$12,400 in newspaper funding it

took away last June.

r

'. :. 1

content of the pu blicat ion. The legal

fuel to a f our-year -old feud when it denied the newspa per at Pikes Peak

The judge refused to reconsider his decision on the preliminary injunction, so the case will go to a full tri al t his Octo be r. The battle between t h e

Pikes Peak

News and the col lege is heing scrutinized closely by student press observers because it is the first time a student newspaper has ever sued a student

government

for

cutting

its

funds.

in "state acti on� by cutting funds. (A person cla i m i ng a violation of the First Amendment must show that the censor is acting under aut h ority granted by a local , state or federal government and. in retaliation for views expressed in the newspaper.) The News claims the student government cut funding because it was unhappy with "negative" articles. The senate denies this claiming the action was taken because the paper was not economical and did not submit a proper budget.

cooperation

the newspaper

between

and the Student Senate." "I believe t he decision of June J st of this year [to cut funding] would have been the same whether or not there had

been any problems with regard to First Amendment right s,'" he concluded. Larry Hobbs. one of the attorneys representing the anything, the

News, said that, "If hear i n g

said Hobbs. A /inal decision will not be reached until the trial in October.

Pikes Peak Peak Fuse. a

Meanwhile, the former

Nclt's is now struggling

Pikes

independent.

advertisements.

funding to a school publication solely

senate officers that the funding cut was not the result of the paper's content but

to Editor Vicki Evans.

because they

that it was prompted by the "lack of

-V.A.O. and M.D.S.

Several court decisions have held that

are

displeased wit h the

t he

this matter has merit and certainly should be pursued to a finaljudgment."

In his three-paragraph opinIOn, Judge John Brooks, Jr. agreed with

college administrators may not cut off

on

prel imi nary injuction convinced us that

dropped from

Its

laden

circulation

with has

3,500 to 1,000 according .

OHIO

On Shooting Toilets When Athens City Prosecutor James

H al leran got drunk at a press party.

got

into an argument. and then went into

the bathroom and began firing his .38 m agnu m, Peg Loftus had no idea she would end up being gril led by a

grand

jury.

repo rt er for the Ohio Post. had seen Halleran place a gun in his coat pocket du r in g an Loftus,

a

University

interview

the

afternoon

before

the

party. County Prosecutor David Frey convened a grand jury to Hal le ra n's subpoenaed

actions. LofIUS,

The who

investigate jury

grand

refused to

testify maintaining that the Ohio Shield Law protected her source ( H all er an ) . A judge. who decided that .he law did not

protect what she had seen in the interview. disagreed with Loftus and

told her that she would refused

to

go to jail if she

answer the grand Jury's

questions. Loftus answered the que stion s .

Su bsequently the jury decided to charge H all er an with one count of

carryin g a concealed weapon. Halleran is scheduled to be tried this March, and County

Prosecutor

David

Loftus will probably

Frey said

be su bpo en aed

again for Ihe tr i al.

"\ would suppose it would be logical for us to subpoena her-she was an eye witne ss." Frey said. Loftus said she may light Ihe second subpoena and is con�ulling an atto r n ey to determine if she has

a strong enough

case. Frey would not comment

on

what he

would do if she refused to t esti fy. but

did say that �our office will attempt to

s o l i cit information who

has

from any wilness

relevant

and

material

testi mony."

"We arc only interested in what she saw with her own eyes," added Frey. -It is none of our bu s i ness what Ihey (Hal l e ran a nd Lof tus) we r e di�cussing- il is nOI r el e va n t 10 the case. and we will not ask q uest i o n s on that."

-·B.M.e.

BY SEAN PARKS

Winter 1979-80

SPLC R eport

11


Student Papers Seized

" I h a ven't said t hey couldn't ru n t he su r v ey,

Last fa l l school ad m i n is t rators cen s o red n o t o n ly the usua l sex a nd d rug a r t icles, b u t al so p h o t os of g o r i l l a s , s m o k i ng stud e n ts a nd joc k s t ra p - dad

boa rd

j o u rn a l i s t s encount ered rece nt ly. I n eac h ca se , e x ce p t o n e , the st ud e n t s

oc c u rred

last

fa l l ,

but

here

is

of t h e

me m b e r

o bjec t i o n a b le

t he .

to

[t he

i ts

survey J

i n c l u s i o n to a newsp a pe r s to ry i n t h e

ce nsors h i p

Palmefto

l i s t o f t h e most

a

decis ion ,

co n t act ed school Ga ret h W h i t e h u rs t

Pine

a lel l e r t o t h e e d i t o r: " I see not h i ng

issues we re sol ved t h ro u g h a com prom ise bet wee n t h e s t u de nt s a nd

which

&

W h i t e h u rst res po nd e d to t h e st ud ents i n

i n volved d ecided not t o fi ght t h e ce ns o rshi p i n the c o u r ts . U s u a l l y, t h e

The Stud e n t P ress Law Center co u l d n o t report a l l

Davis'

with

Po1melf0

T h i s art icle wil l s u m m a r i ze t h e many ce n s ors h i p pro b le m s t h a t s t u d e n t

i ncidents

.

U pset

foot ba l t playe rs .

c e ns o rs .

Davis conte nd s " I t a l k e d w i t h

"

t h e ad vise r a nd s he agreed not to ru n i t . "

Pine.

&

I wou l d have

no

s y m pa t h y whatsoever for any ad m i nis­

i n t ere s ti ngj i m po r ta n t ca ses.

trative a t te m p l at p r i o r restrain to keep

To use an o l d c l i c h e . t hese a re o nly t h e t i p o f t h e ice be rg . E a c h yea r the

it out of t he Palmello & Pine. If such a n

ce nte r lea rns of m ore t ha n 300 act s o f s tu d e n t p ress censors h i p : many m o re

al t e mpt were purs u ed I wou l d t h i n k

are never rep o rte d .

t h a t t he newspa per co u l d s u cces sfu l ly receive rel i e f i n the c ou r t s

St.

Peters b u rg, F l o r i d a - " I fee l t ha t

m y s u rvey w a s p e rt i ne n t because t he re were 1 3 gi r ls pregnant at my school l ast year, a nd seven a l re a d y t h i s yea r a n d

."

W h ite h u rst li sted a ll o f t he su rvey

r-----------------------�..

t h i s i s o n ly a bout t he n i n t h week o f sc h o o l ! "

L i nd a

said

So

H ea t h ,

who

was

s u spend ed for one d a y i n N o ve m be r from S t . Peters b u rg H ig h S c h ool fo r c o n ti n ui n g

g i ve ou t a su rvev o n d esp i t e o rd ers fro m

to

tee n age sex u a l i t y

,

t h e ad mi n i s t ra t i o n t o s t o p .

Accord i n g to a c l ose o bserver o f t h e s i t u a t i o n , w h e n t he s c h ool newspaper to c o ve r t h e co n t roversy .

a t t e m pted

t hey were t o l d by P r i n ci pal Vy rlc D a v is n o t to i ncl u d e q uest i o n s fro m t he s u rvey in the a rtic l e . H owever, H ea t h a nd t h e Palmello

&

Pine ne w sp a per ha ve t he

su pport of m e m ber.

lo ca l

a

school

board

The su rv e y w h i c h was a n ass i g n me n t .

fo r

her

jo u r na l is m

c l a ss ,

a s k ed

a s : I s cont racep t io n you r o pi ni o n? D o you

q uesti o ns

such

necessary

in

b el ie v e i n p re m a ri t a l sex ? Are y ou a virgi n'! H e a t h said she m i s u n d e rst o od t he ad m i n is t ra t or's o rde r a nd wil l appea l

h i s d ecision to t he s c hool board . " W e fel t t ha t some s t u d e n t s m i gh t not

be

a b le

to

i n fo rm at i o n ,

"

handle

this

k i nd

of

said Davis. " We felt i f

w a s a pe rso na l m a tter a nd some o f t h e s tude n t s were not s o p h is t i c a t ed eno u gh to hand Ie i t . " Davis d e n ie s Po1m eff 0

&

S P LC Report

W inte r 1 979-80

he

fo r ha d e t he

Pine fro m pu blis h i ng t he

s u rvey q uest ions.

12

t ha t

And It's Against The Law The t raged y of t his l i s t i ng of d i s putes is t ha t i n vi r t ua l l y eve ry case I he act of ce nsors h i p by the sc hool

official

was

a

b l a ta n t

viola t i o n of t he Fi rst Amendme n t . Th i s

s t o ry

Will

altempt

to

s u m marize t he rig h t s of s tu d e n t s

who

s t a ff

s c h o o l - fu n d e d

p u b l i c a t io ns i n pu b l i c schools. A

m o re

c o m p re h e n s i ve

" Foru m

Theo ry"

a rt icle,

( wi t h

lega l

ci t a t i ons to c o u rts decisions), ca n

be fou n d i n t h e Fa l l '79 Report. In

t he e leven years s i n ce t he

S u p re m e d ec i s i o n i n

Court's

Til/ker

v.

la n d m a r k

Des

Moines

Independen t Communi!.I' Sch ool Dlstrier. t h e lower fede ra l courts

have unanimolJs(v rejec ted the a rgu me n t that high sc h ool a n d col l e ge a d m i nistrators ca n co n t ro l


in

questions

his letter. which the staff

ran in the December issue.

Clearwater,

denied permission to po st notices at

Blair Hornbuckle and Tom Howland

Rock at Keystone High School. "Acting immedjately� meant tearing

officials prevented them from putting up posters announcing the rally.

be

off the

that

in

may

500 newspapers. in December

1978 when Principal William Craig read

literature to

"cause

front pages of

The incident occurred

administrator said the school

posted

was

we'd have to act immediately," said Karen Sprague, adviser of the Rolling

said that their First Amendment rights to free speech were denied when school

controversy

rally

He got all bent out of shape and said

June.

any

the

ed itor so that he wouldn't be su rprised.

their school for an anti-nuclear rally last

One

by an "outside organiza­

Elyria. Ohio - .. Arrer the paper was back I showed him the Jetler to the

Clearwater High School students were

board does not allow

because

sponsored tion."

Two

Florida

permitted

a letter to the editor denouncing the board of education for doing away with student lunch privileges. Craig termed

some

the community."

He also said that the posters were not

the letter "inaccurate."

--� , . -------------------- -------------------- ---- --------------� the

of

content

lications just

student

pub­

because they are

funded by the school. No court

an activity time and place sheet, then it would not

be considered a

"forum- and could probably be censored. Huw:ever. virtually

BasicaHy. the courts have ruled even

that

though

publication

is

a

student

"funded"

and

has ever upheld the censorship of a student publication based on the institution's power of the purse.

publication qualifies as a/arum. If

and college

"sponsored" by a school, even though studenls work on the publication during school hours

The legal doctrine adopted by the courts in these types of cases is

the school involved is a private

and receive academic credit, even

institution.

though production is supervised by a school-employed faculty

high school

elWl'

there

is

no

Fir�t

called the "forum theory". This

Amendment p r o t e c tion because

theory

the constitution does

is

based

on

several

Supreme Court decisions holding that

all

people

Amendment

ha ve

right

a

to

First

express

themselves free from go vernment censorship in publicly-owned (i.e.

(a s

opposed

or

material

which

is

libelous, obscene or which will students

to

disrupt

the

publications are similar to civic auditoriums, parks, streets and other publicly owned "forums":

Specifically, three decisions have

they are forums for slUdell/ expression in which students can

may not cut off fund ing or student

express

their

views

issues

on

wit hOUI

con­

cen­

sorshi p by school officials. There are exceplions, of course. If

the

publication

has

never

carried student opinion in the form or editorials or letters to the editor,

if

it is nothing more than

for the limitations listed earlier, authoritie s-enjoy the First Amendment right to decide what

orderly operation of the school. The courts ha ve also dealt with more subtle rorms of censorship.

troversial

n ot

can lawfully ban from student

incite

ruled that public school-funded

administrators do

s t u d ents-a n d

school

have

pu blic

sponsor.

have 'he power to die/ate the contems of a publica/ion. Except

courts have indicated that schools publications

courts

to

government) official. Further, the

g o v e r n m e n t-ow n e d) p laces. When raced with censorship of a paper, the

not apply to

actions taken by a purely private

held that school administrators publical ions just because they are displeased types

or

or offended

by the

articles published.

In

addition, severa I courts ha ve ruled that student editors and writers cannot be punished by school officials because of opinions they express

in print.

not

sc h o o l

articles will be pUblished in the school pa per. The traged y

of

the

stories

accompanying this sidebar is not that the unlawful acts of ccnsorship were perpetrated in the first place-many school admin­ istrators are woefully unin­ formed about the constitution­ al rights of students. No, the real tragedy is that, for whatever reason, the students whose rights wer e trample d declin ed 10 challenge.

in

any

way.

those

unconstitutional actions. ··--

M OS .

,

.

-��----�--� Winter 1979-80

SPLC Report

13


Accord i n g to S p rague, t h e paper was fi n a l ly d is t r i buted, but w i t h a n e w fro n t / ed i t o ri al page xerox ed stap led o n t o t he or igi n a l pages.

and

I n t he l ei t er's place. the st aff had t o

p u t a "cu tsy" C h ris t m a s s t o ry t h a t had

o rig i na l l y been l e ft out, S prague ad ded . What C raig o bj ected to i n t h e last ' l e i te r was t he p h rase: " I ' m s u re t hey r t he

sc h o o l board] d o n 't re a l i ze, as t hey s i t d o w n t o t h e i r fi let mig n o n d i n ner a t a pl u s h res t a u ra n t , j u s t h o w r e pu ls iv e it i s t o eat i n o u r ca fe t e r ia . " Cra ig

ce mo red

t he l e t t e r beca u se he

was u nd er t he i m p res s i o n it was a n

e d i t o rial w r i t t e n b y t he s t a ff. A ft e r t h e censors h i p C ra ig discovered it was not a n ed i t ori a l , b u t a let te r t o t h e ed i t or. H owe ver . A merican

a

spo kes ma n L i be r ti es

Civil

fo r

the

U n ion

in

Cl eve l a n d said t hat F I rst A me nd me n t r ight s ex te nd t o e d i t ori a ls letters to the ed i t o r.

as we ll as t o

A c c o rd i n g 10 S p ragu e, a b O Ve t he l e i t e r was a clea rly l a be led head l i ne t h a t

read " t o t h e ed i t o r . " S p rague added t h a t t he l e i t e r was fi n a l l y p rin t e d i n the . s p r i ng.

Ramseur,

Norll'l

Carolina

If

students fi Ie s u it and w i n t he rig ht t o

publ ish, there i s st i l l no gua ra nt ee of a ha ppy e nd i ng . One of the best ex a m p les of t h i s is at E as te rn R a n d o l p h H ig h S c ho o l . When t h e p r i nci pa l refused t o allow

an a rt icle on bi rth co n t ro l t o be pu bl is hed in t he Wildcal Pro w', t h e

s t u d ents fi led su i t . (See S P LC Rl'porl. W i n te r 1 978-79. )

A l t hough t he dist rict co u rt ruled over a

yea r

ago

t ha t

t he

p rinc i pa l

had

vi ola ted t he s t u de nts' F i rst A m end me n t rig h t s , t he a rt i d e h a s ye t t o be

p u b l ished.

"I se r i o u sly d o u bt

p u b l i s hed," sa i d

if it w i l l e ve r be Wildcat Prowl A d vi ser

David Tra nso u . "The suit was o ve r t he right

to p u b lis h , no c ou rt order was

given fo r i t t o be p u b l i s h ed . We do n' t

Special education student mows lawn without protective gear in Missouri Gro und, is o ne o f t hree p u bl ica ti o n s b u t is t he o n l y one

I ndepend ence, M issouri - The Smoke Signal at Fort Os age H ig h S c hool

t h at has a contract with the Associated S t ud e n ts (studen t gove r n m e n t ) , Th i s

created spa rks in October w he n two of

Common ca m p u s

co n t ract req u i r e d the p a per t o su b mi t a mont hly fi na nci a l p rogress re po r t . Whe n ,

Oc to be r,

in

it

d i d n 't ,

the

pa per's $ 1 500 re maini ng i n $3500 b u d ge t.

Associat ed S tu de n t s froze t h e fu nds · ·c u t t i ng off the pa pe r 's a nnual

The pa per decided i t d id n' t l i k e the con tract and sought legal ad vice to get rid of i t . J o h n Ra ym o nd , Co mill on Ground e di to r, conceded that t he con tract h a d

Armed

with

legal

ad vice ,

Ra ymond prese n ted his argu ments 1 0 t h e A ssociated S t u d ents a n d won.

p la i n t i ffs a re on t he

[pres e n t a t ion]. "

Santa

Buba r a ,

because

you

Ca l i fo r n i a

ha ve a

c o ntract

rese arch

t ha t

we n t

i nto

the

Common Ground is no longer bou nd by the con t ra c t, and has its fu ndi ng bad. All may no t be sel lied t ho ugh . A n officer of Associated St ud e n ts

d oesn't mean i t 's bind i ng.

said t h at mee t i ngs a re p la n n ed for "the

The U n i versity of Cal i fornia a t Sa nta Ba r b a ra' s a l t e r n a t i ve n e w s p a p e r .

e nd of t he yea r to l o o k at t he w hole

14

SPLC Report

lawn wi t hou t any pro tec ti ve gear. The

st ud ents , enrolled in the voca ti o nal technica l sc h oo l , were tra i n i n g for building and maintena nce j o bs.

Patty Long. ed itor fo r t he Smoke Signal. said s he en cou ntered ad minis­ t ra t i ve pressure when she trie d t o i n terview t he s p ecia l e d ucat io n teacher. A cco rd i n g

to

Lo ng.

o ne

of

the

s h o u l d write a "p os i t ive" a n d "n i ce"

the

J u st

education"

Fi rst A m e n d m e n t .

wa n t t o run i t beca u se a l ocal wee kly has

advi se r soon a fte r t he s u i t was fi l ed .

" sp ec ia l

been broke n , but s a i d t he d o cu men t w a s

i l lega l , d i sc r i m i n a t o ry, a n d v i o lated t h e

a l ready ru n the s t o ry. A lso. none of t h e

.Iaa ff a ny mo re . "

t hat

s t ud e n ts had been m ow i n g t he sc hool

ad m i n istrat ive o ffi ci al s cal led h e r a "y o u ng cu b re por t er,� a n d Pri nci pa l

" We out a rgued t hem." explai ned R a y m o n d . �They w ere im p resse d w i t h

Tra nsou re p lac ed W i l liam Schultz as

t h e sta ffe rs sought to write an a rt i c le

revea l i ng

concept o f a l tern ative n ews pa pers."

W inter 1 979 80

Ric hard

Fra n k l i n s u ggested t h a t s h e

s t o ry . Fra n k l i n t he n sa i d t hat

h e wanted t o

read and a pp rove t h e a r t i cle before i t s

pu b l i cat i o n . T h e s l a ff agreed t o t h e p r i o r rev ie w a n d Fra n kl i n Wokayed" t h e

a r t i c le. One of t he pa r agra p hs in t he art icle read :

"The

Com mercia l

B ui ld i ng

Service c la ss was fu n de d in 1 974 by a gr a n t fo r t h e d i sa bled ." A fter t h e a r t ic l e was p u bl is hed , the staff d isco ve re d that Fra n k l i n h ad "forgo t te n " to t e l l t he staff he cut out t he

words " fo r the d i sa b le d . n

Adv iser Con nie S h rout said Fra n k l i n


felt the article might be an invasion of the special education students' privacy.

mainly because they feel it would make no difference," said Rainwater.

Ft. Smith, Arkansas a student photographer of Arkansas' Northside High School paper, The Grizzly. found himself in the vice principal's office after he photographed a police officer r a n d o m ly c h e c kin g st u d e nl identification cards. The vice-princi pal summoned his faculty adviser and told them both the photos would have to be destroyed. The photographer was told to hand over his 111m or expose it.

Satellite Beach, Florida. The principal of Satellite High School seized the st ud en t newspaper, Telslor. last November and refused 10 allow distribu tion bec ause th e paper contained a photo of students smoking what was alleged to be marijuana. The principal. and a lawyer he consulted, felt the picture was libelous beca use the students could be identified. According 10 Morton Schapp, Telslor adviser, the cutl ine read, .. Police department photos show 5t udents taking a toke." The allorney advised the principal that the cutline and photo implied that the students were using drugs, <\nd if the paper could not prove t h ey were. it would be libelous. Accompanying the photo and cudine was an a rt ide on drug use at the school. The students were not specifically identified in the cutline, but they could have been recognized by their peers, the principal maintai ned. "'What was in question was whether the picture and cutline are libelous:' said Schapp. The staff decided nOI to challenge the seizure after Schapp spoke to Michael Simpson, director of the Student Press Law Center.

-

T he a d vis e r. b e l i evi n g t h e vice-principa I could issue such an order, told the student to ex pose his film and he did . The student has a right to photograph the police ofllcer; the administrator has no right to have the 111m destroyed, said Michael S impson SPLC director/ at­ torney. who called the school official's action a "blatant violation of the First ,

Amendment.ďż˝ The Grizzly staff printed an editorial calling for an apology from the school administra lion shortly after the incident. but the administration did not respond, said adviser Linda Rainwater.

"The staff will not press the issue of making the administration apologize,

This police photo

Was' censoredfrom the student

Satellite Beach (Florida) High School

newspaper at

"We don't have any cases that have decided whether the principal and the school board can be held liable for libel in a student publication:' said Simpson. "We take the position that they cannot be held liable and, therefore a prior restraint in this situation would be unconslit ulional." "We didn't fight il because there was way to prove the photos were nOI libelous." said Schapp. The principal had the entire press run and the pic ture n egatives shredded. The staff published the drug article in the next issue without the photograph.

no

Chula Vista, California "We were told by the administration that if we ran the editorial. the paper would be confiscated and destroyed," said Sharon Yaap, adviser of t h e A thoposcan. the student newspaper at Southwestern College. The editorial endorsed candidates for the board of trustees. According to C el i n a M cShea, California law prohibits state agencies from publishing endorsements. The paper would lose state funding if the editorial ran, she added. Yaap was told by the college president "to direct the staff not to print the editorial" . Yaap added that, "If the editorial is printed, I could lose my job for insubordination,'" The staff did not ru n the editorial but published an article explaining why the editorial had been censored, While studying the code. Yaap and McS h e a d iscovered t h a t "an educalional code that had been split in 1965 be tween high schools and community colleges" had left the community colleges without any student press rights," said McShea. The staff is presently trying to gct botďż˝ of the codes changed in the California legislature. "If it is not changed we may file suil. bu t we seem to be getting a l o t of support from the legislature," said McShea. According to Student Press Law Center Director Michael S i m pson. Sl udents in California community colleges ha ve press rights under the First Amendment even in the absence of a proviSIOn in t h e California educational code. He also feels that the California 11IW prohibiting polilical endorsements is unconstitutional.

Wint e r 1979-80

-

SPLC R e po rt

15


Rivt"rside, Illi nois - " Food fi g h t , food

fight !"

H ig h R iverside-Broo kfield When Schoo l's student newspaper. Clarion. decided i n October to ru n an ed it oria l

and ca rto on d e no u n ci n g cafeteria food

an

fi g ht s ,

ad m i n is t rato r coaxed

t he

ed i t o r i nt o rep rin t i ng t he issue u s i n g a n a l t e rnate c a r l o o n .

T h e o r i gi n a l c a rtoon showed a n a d mi nis t ra t or with food spl atte red o n h i s hea d a n d s h i r t , w h il e a stude n t si tt i ng beside h i m w h i s t l ed and tried t o l o o k i n n oce n t .

Clarion Ed i t o r

L i nda Sian ec a g reed

to the reprint after she was ca l led m t o

the

fo r

office

su peri nte n d e n t 's

a

c o n fe re n c e . Cla rion ad v i s e r J i m M at t hews and I he c a r t oon ist were out of t ow n w hen t h is con fe ren ce occ u r re d . z o a:

:5

u a -' ....

..: '" o o cr:

� UJ

a Vi cr: w >

�EMf.rt'\&ER. , ONLY you CAN PRS£NT RoD FllttTS ...

ii

>'"

a;

L-----� 6 u Pullman. Washington

bod y

-

The student School

H ig h

P u llman

at

o rga n i zed a p rotest i n J u ne a fter a n a n n o u nce men t

their

that

yea rbooks

had been censo red. t he

W h i le

Kamiokin

d i stri b u t i n g the a n n uals at

s t a ff a

was

s t ud e n t

a ssem b ly , a staffe r a n nou nced t ha t t w o a l leged l y students showing pages s mok i n g marij ua na had been c u t out by

the p ri nc ipal a nd vice principal.

The students dec ided t o o rga nize a

removal of t he t w o pages violated t h e studen ts' because

A me n d m f!n t

Fi r st t he

ri g ht s n ei t he r

was

m a t e r ia l

l i be l o u s nor o bscen e. A n a l l o r ney at t h e A merica n Civil L i be rties U n ion sa id lhe case

p ro b a b l y

will

be

n ot

l i t i ga ted

beca use I he ed i t o r does not wa n t 1 0

pursue t he issue.

Teanec k , New Jersey com m i t t ee U niv e rsi ty

-

The e x ec u t ive

Fa r le i gh

at froze

the

Di ck i nso n

st u d e n t

news­

paper's fu nds last N ovember because

march t h ro u gh the s c h o o l ' s ha l l s a nd classes t o p rote st t he censorshi p . Two

The Gaullliel w o u ld n o t guara ntee a set n u m ber of i n ches in each issue fo r

s t u d e n ls were se n t home as a re su lt of

repo rting

t he de m o n s t ra t io n but were t o ld by t h e p ri nc i pal

that

if t hey

ce re m o ny .

The ex act rea s o n for t he ce n sors h i p was u n k n o w n ,

bUI

a cco rd i n g

to t he

Kamiakin edit or. t h e p ri n ci pal t h ou g ht

t ha t the t w o page s were o bsce ne a nd i n p o or ta ste. Atto r ney Tom Bo t h well said t ha t t h e

16

SPLC Report

G o ver n m e n t

Ass ocia tion (SGA) activi ties.

beh aved. t h ey

c o u ld s t i l l pa rticipate in t he gr ad u a t i on

St udent

E ve n t u a l l y

a

co m p r o m i s e

was

reached a n d t h e com m i l lee re versed i t s

d ecis io n. The Gauntlet h a s s t a rted t o cove r more SGA a ct i vi t ie s . b u t E d itor K i t t a M c Phe rs on said I h is is be ca u se t he SGA has sia fled d o i ng m o re. �We

t o l d t h e m Ihat we wou ld accept p ress releases from them j u st l i k.e a n y other o rga n i za t ion," sa i d M c Phers o n .

Winte r 1 9 79-80

The s uperi n te nden t arra nged for

the

rep r i n t to be pa id for out of the school's

act ivity fu n d .

Matthews sa id t hat about 1 00 of t h e

pape rs had been d i sl r i b u t ed be fo re t h e second cartoon was i n serted .

At lanta, G eorgia co n t rovers i a l

s e ct i o n

Ihat

Association res o l u t io n

A fter pu bl i s h i n g a enterta i n mem"

S l at e

Ge o rg ia

October,

in

U n i v e rs i t y' s l ea r n

-

"adult

Signal was s u rprised t o G overn ment

S t u dent

t he

(SGA)

10

had

passed t he

suspend

a

paper's

p u b l ica t i o n . The

sect i o n .

which

l i fe

u n dergrou nd

of

profi led Atlanta,

the was

sc he du le d 1 0 be p u b l i sh ed o n c week

ea rlier, but a fter meeting with u n ivers iry

officia Is co ncerned wit h its "offe ns ive" l a ng u a ge , t h e Signal decided to edit the

sec t i o n .

Des p i t e Com mil lee

SG A's on

res o l u t i o n .

t he

S t ud e n t Co mmun ica­

tions ( esC) de ci de d t h ere was

no basis

t o s us pe nd the Si�nal. but it d i d give

severa l reco m m e n d a t io n s . "The

CSC

re co mm e n de d t h a t w e

sh ou l d be m o re select i n t he m a teria l publis hed i n t he Signal, " said Signal E d i t o r C i n d y W a l l . " Th ey a l s o su gges t e d t hat we should wo r k m o re cl osely w i t h our adviser. " I t 's been b u i ldi ng u p fo r a long l ime between us and the SG A:' said Wa l l . " We have been r u n n i n g a l o t o f ed i t o rials cr i t iciz i ng t h i ngs t h a t S G A sho uld h a ve o r sho u ld n ' t

have done. I

t h i n k t hey were I rying to get back al us."

L.


blank address labels. However, the administrators said t h at the students could remove the labels too easily. Chicago, Illinois When Sullivan High's Principal Robert Brazil found .

out last September that an editorial on a d ministra l i v e inefficiency was scheduled to run in the Senlinel. the school newspaper. he decided not to be inefficient in responding 10 Ihe charge. Brazil

demanded to

read the story

before publication: he also wanled to write a rebuttal to it - in the same issue. The

staff

refused

both

demands.

Davenport, Jowa A yearbook picture of 50 football players scantily -

clad (four only in jockstraps) prompted St. Ambrose College administrators to seize the yearbooks and cut out the photograph. The photograph carried the cut line �Back the Bees-Be an Athletic Supporter." A college official ex plained that, "The administration felt it was not in good taste considering our religious affiliation." When efforts to glue I he offensive pages together failed. Ihe college's dean ordered the photos removed from the

Brazil then refused to allow the staff to

book.

publish the editorial or the newspaper.

The sc h o o l's a c t i o n is n o t unconstitutional because Sc Ambrose

Eventually Brazil reconsidered and allowed publication.

is a private college. The students are

When the editorial was published, Brazil decided nOI to write a rebuttal (or

printed.

the next issue because, "There wasn'l any need to write a rebuttal for it. they

Student

didn't have enough meat." A lexandria, Virginia

-

A Ithough the

author of an article on student homosexuality written for the Farm

News wanted t o remain anonymous, the principal at Hayfield High School insisted that the student's parents be told. Fearing his parents reaclion, the

upset Ed

though

and want

Cervantes,

presidenl

Government

(SGA), said publish the

picture

the

of

Ihe

Association

that SGA is trying to photo in a four-page

yearbook supplement, but not until all the players have signed release forms. "Nothing is really exposed in the picture-there was nothing worse in it than is in Sports J/lus/raled." said Cervantes. "I don't think any of the players would have complained."

aUlhor quil Ihe staff and withdrew the Cambridge,

Massachusetts

Poor

Harvey Grogo

"I thought the parents needed to be

.

Grogo's picture will not appear in Ihis year's

Massachusetts

Technology

freshmen

Institute

of

yearbook.

the

Technique. Grogo, the Technique's gorilla mascot. was cut out of all copies

of the book last September

aI

the order

of school officials who wanted to avoid charges of racism. [n 1977 the Technique published a photo

of

Grogo

"Harvey Grogo,

wilh

the

Kampala.

caption Uganda,"

which was interpreted by many as a racist statement. The photo of Grogo that recently caused a furor was capt ioned,

..

Harvey Grogo. Technique,

M.I.T." The presidenl of the Technology Community Association said that the book was censored because his group "didn't wanl to open any old wounds." M IT is

a

article: from publication.

priva te institution.

Before the adminislrators decided to physically cut the photo from the books. Ihey tried to cover Grogo with

aware so they could help and support the student if he suffered a ny anguish or ridicule as a result of the article," said Principal Dorris Torrice. However.

weeks

three

later

the

aUlhor told his parenls abOUI the article. and Ihey approved. �He said he didn't ca re if the story ran, or if the principal tells

his

parents,"

said

Fa rm

News

Editor Jean Tofferi. The author is back on

the

staff.

and

the

art i cle

was

pu blished in Ihe Christmas issue. Torrice Gambino

was a defendant in the Fairfax County School

v.

Board landmark student press decision

(See SPLC Report. Winter 1977-78). Torrice

and

Fairfax

County

school

oflicials had refused to allow an article on contraception to be published in the Farm News. The sludent editors filed suit and Ihe Fourth

Circuit C ou rt of

Appeals ruled Ihal Torrice and the oflicials had viola led t he students' First Amend ment righls.

Sports Illustrated?

Winter 1979-80

SPLC Report

17


Legisla't ive Censorship . "Min neso ta legislature, have you read this lately: Congress shall make

staff breathed a s igh of relief. But the relief was short lived . The

no law respecting on establishment of relig ion, or prohibiting the free exer­

House Educa ti on Commitee decided to

cise thereof; or abridging freedom of speech, or of the press . . . IJ

• •

zens , and profession al journalists " feel this hearin g could be a threat directly or indirectly to a student newspaper,

hold a hearing on whether Daily fund ­

and even more fundament all y to First

ing should

Amendment rights and

be optional or mandatory

for students. " I t blew our m inds , , . said Stanley .

to academic

freedom . Representative Kenneth Zubay (R),

S o read a full page newspaper adver­

Whereas t he Senat e hear ing evolved

chair o f the House Education Commit­

tisement in a June iss ue of the Minne­

as a forum for the expression of emo­ tional gut reactions to the hUll1{)r issue soon after its pu blicat ion, the House

tee, vehemently disagrees. "The reason we held the hearing was to give the minority a forum to express

whether to remove the paper's manda­

hearing was a calcula ted at tack w h ich

their opinion,"

tory student funding at the Un iversity

focused on seve ring the university­ Daily relationship, added Stan ley .

they were not listened to within the ad­

sota Daily. The Doily was prot esting a hearing

by

the

state

legislature

of Mi nn es ota. This action

on

stemmed

he said.

"They felt

ministration . We were elected to repre-

from what Governor AI

sent the people and the

Quie called a " vu lgar and insulling" humor

ask ed us to ho ld this

i ssue . The

people came to us and

hearing . "

$400 ad was paid

Zubay does not feel it

for by Daily staff mem­

is

bers to express their out­ rage at the involvement

hold such a forum for

of government in what they view as an interna l ,

As a resul t of the hear­ ing the committee will

ad m i n i str a t i v e decis ion .

fonnulate recommenda­ tions for the adm inistra­

loos el y

a fter

the

to

public expression .

p o l i cy

Last J une ' s humor is­

s ue,

u nco nstitu t iona l

t ion, which they are not

m o d eled

Narional En­

b ou nd to follow . Be­ cause of their delicate

quirer, featured a ques­

political and financial re­

tion a nd answer session

lationship, it is in the ad·

with

insultin g

ministration 's best in ter ­

student

est to follow the recom­

Christ ,

colu mns

abou t

government leaders, sev­ eral

co mics

profanity

me n da tio ns ,

containin g

and

a

according

to editor Stanley .

photo

H o w ev e r ,

essay depicti ng a coed's

S t a nle y

fears not so much the im­

s eduction of her psychol­

BY RICH SPARKS

ogy p r o fes s o r . (See SPLC Report, Sp ri ng 1 979.)

religious

sibility that the legjs la ture will intro ­

ci ded to hold public hearings on wheth­

leaders and concerned citizen s , s po k e against the humor issue and in favor o f

dent fun ding when the cham bers con ­

er the pa per-uni vers i ty relationship should be main tained . Many o bservers ,

removing mandatory s tudent funding.

vene i n J anuary . Zubay stat ed that a

Seven people spoke

i ncluding the university president, fe lt

Daily.

that any action against the paper s hould come from within the university .

Union, who said that the proximi ty of

Eleven

The senate committeeon edu cat i on de­

The grievance against

the

humor

people,

p licat ions o f the recom­ mendations but the pos-

Among

incl uding

in favo r of the

them

was

Matthew

Stark of the Minnesota Civil Liberties the hearing to the publication of the

issue was addressed through the board

humor issue showed that the legislat ure

of regents, wruch reviewed the circum ­

was punish ing the uni versity bec ause i t

stances sur roundi ng the Daily 's cont ro­

h ad a paper w h i c h some d id n ' t like.

versial humor issue, but decided to do l i ttle more than issue resolut ions t h a t condemned t h e issu e . The board ruled t hat no change be made in the

Daily's

funding. Editor-in-chief Kate Stanley and the

18

S P LC Report

U niv ersit y President C.

P eter Mc­

duce a

hill to remov e man da tory stu­

bill will not be introduced beca use that would be overstepping the constitu­ tion's limitations on t he government . " There was no reason t o change the rel at i ons hi p between the u n iversity and the Doily, " St anley said. " Thei r fund­

ing only acco unts for 14 per cent of our budget. so we could survive without it,

a lt ho ugh we probably would d iminish

Grath also Questioned the heari ng ' s le­

in q uality . Ultimately. such a move [to

gitimacy and said that the Daily deci­ sion should remain an internal un i ver­

remove man dato ry st uden t

s i ty affai r. He said Daily s taff mem­

the u nivers i ty as a result of co ntent. , .

bers , s tudents, faculty members , citi -

Wint e r 1 9 79-80

fu ndi ng ]

would be un derstood as retal iatio n by

-CM.D.


The New Threat The

New York Sen ate has unani­

mously passed a bill t o s t o p mandatory funding

for

stat e

u n iversi t y

n ews ­

pa pe rs . The bill has been introduced in the s tate assembly, but has

no t come out of

the Commi t t ee on H ighe r Education . The assembly version is not expected to

be br ought out of commi ttee, accord ­ ing to William Shapiro, counsel to As­ semb l ym an Daniel W a ls h , who i ntro­ duced the assembly version. Walsh intro d uced the bi ll as a re ­ sponse to a specific p ub li c a tio n at City U niversit y of New York , but since then there have been in te r n al procedures at the college w h ich h av e sanct i on ed the publica­ t i o n fo r ir re s p ons i bl e abuses of free do m of the

sity pres i den t s cannot impose restric­ tions on s tu d ent expressio n . So, the Observation Post has a ful l charter and a faculty adviser, but the student refer­ endu m took the balance of its budge t . The Observation Post s ta ff, with help from pornog r a p h y p ubl ishe r Ralph Ginzburg, did publish one issue last September. Ginzburg, after he ar ­ i ng about the Post 's trou bles, p led ged $2,400 to pay for six issues , under the condition that the Post be dist rib uted "exactly as befor e . " His "exact ly as be fo re " requirement was, accor ding to

the papers here-he lation

in

even

she questi oned

no reason to bring the bill out of committee, he said . The bill resu l te d from a massive outcry agai n st

At the time this snap

ministrators: "Stop put­ ting the screW8 to the Ob­

a female ed i tor dr essed as a nun engagi n g in a sex u all y explicit act . Mo re t h a n 4 , 0 00 c opies of the paper were burned. In fi ve hours

JJerootion diem.

t h ree tho usand students signed a pet i tio n calling

P{)(fi. "

Carpoe

_ From the Observation Post

for a referendum to per­ m a n en tly deny the paper

paper . City U n ive rsi ty Chancellor Robert J .

addition t o the egre­ gious violat ion of t as t e , j udgment , a n d Kibbee said, "in

human courtesy involved in t h e publi ­

of

the Post 's " right t o

After consulting with the uni ve r s ity

tines. Hia edict echoes like 8 thunderbolt in the ears of our College'8 ad­

the Observation Post o f

trivial

attorney, she reconsi dered her decis ion

He would serve as the agent who would ....t.-es the Ob3ervatWA P{)(ft from the clutches of the Philil­

three photos printed in

most

publish an d distribute."

taken, our Patron Saint was mired in tem­ poral �nt8. However, Hia glum elCp�ion be­ lies an inner 8tate ofbe.ati­ tude. Such inner bliss came from the divine In­ spiration that some day

press. Therefore, there is

student activity funding. St udents voted 474-445 to remove funding from the 3 2-y ear-o l d avant-garde news·

the

ways . " Five thousand copies of the Septem ­ ber issue (w h ich contained no porno­ grap h y) were distributed to administra­ ti o n - a pp'r oved locations on camp us . Wi th i n three hours the v i ce provost for stud e nt affairs seized the paper beca use

and

was

could pull out i f his stipu­

th e Observation Post viol ated

wrote an a polo gy to

the Observation Post. G i n z b u rg , h o w ev er,

actions-des pit e apology - v i o l a ted

fel t h er t he

the "distribute exactly as b e for e "

understanding.

He withdrew his finan­ cial bac ki n g·. "I si m pl y do not h a ve the time to get involved in the min u t i a

of the Ob­

servation Post 's d i fficul­

ties , " wrote Ginzburg i n a letter i nform i ng Obser­ vation Post e ditor Alex Coroneos of his inten­ tions to withdraw his support. "I re gret t h at you have not been able to obt ain full distribution

of

the

newspaper

through

it s

cus tom a r y

conduits, a sine qua non

of my pledge, h owever beyond your control the cause may

have been. My syrripathies are with you, but I si mp ly do not have the time to get further involved , " said Ginz­

" I Simply do not have the time to get involved in the minutia of the Observation Post's dlfflcu I ties."

b urg . With the removal of Ginzburg's

sup­ and no al te rna tive funding sources available, the Observation Post is not port

cation of these photographs, there may also have been vi o lat i ons of penal l aws bear ing on the pu b licati o n of obscen­

Post Editor Alex Coro n eos,

ity . . .

Iy ambiguous .

But City Uni versity Presi dent Robert E. Marshak, wh ile cal li ng t he issue "crude and degrading" and " di sgr ace ­ ful exhibitionism , " refused to take ac­ tion ag ains t the paper because a New York appellate court ruled that un iver -

" I t 's my opi n i o n that he came to the s up p ort of t he Observation Post be­

publishing, said Coroneos. He calls the

paper's future "uncertain , " at bes t . deliberate­

c a us e he wanted publi city for himself as a sta u nch supporter of free speech , " said Coron eos. After h e achieved that (p u bl ici ty ) , and he did-it was all over

Coroneos was no t aware of the New York Legisl a t ure' s bill t o remove man­ datory studen t fu n di ng .

were j ust looking an excus e Ito remov e mandatory student funding] li k e the one we gave "They probably

for

them," h e said .

-C . M . D .

Wint e r 1 979-80

S P LC Report

19


Endorsements No Longer a Threat With t h e e l ect i o n s this pa s t fa l l t he

S t udent

polit ical campaign on

beha l f of a ny

Press Law Ce nter rece i ved n u merous i n q ui ries a b ou l t he prop rie t y

ca ndidate for p u b l i c office . " H o wever, in 1 972 the

of a student newspa pe r e nd orsi n g o ne pol i t ica l cand i d a t e o ver a n o t her. Often

o p i n i o n (ca lled a re ve n ue r u l i ng) t h at

t he st udents were t o ld by school offic ia l s tha t e n d o rse ment w o u ld not be a l lowed because to do so m ight jeopard ize the sc hoo l 's ta x -e xe mpt sta t us . On o n e hand , I n t e rna l Revenue Code Sect i o n 50 I prov ides t h a t i f a n o r ga n i za t i o n

(e.g.

a

sc h o o l )

IS

tax exempt because i t is op er a t ed e xc l u s i vely fo r ed uca t i o n a l pu rposes". "

then

i l ca nnot atte m pt t o " i n flue n ce

legi sla t i o n"

or

w

p a rt ic i pat e

in

a ny

pol icy, a nd a st ate me nt on t he ed i t oria l

page I n terna l

ma kes

it

clear

t h at

the

views

a n advi so ry

ex pressed a re th ose of the s t u d e n t ed i t o rs and n o t of t h e u n i versity.

by

sc hool­

fu n d e d , sc h o o l -s p o n s o r ed

student

I R S , e n d o rse m ents of ca nd ida tes o r

Reve n ue

Service

issued

p o l i t ica l

e nd o rseme nts

newspapers w o uld not jeopa rdize a sch ool's tax-exe m p l st a t us. The I RS posed a h y p o t het i ca l situation in which

u n i ve r si t y p rovided office space, financia l support and advisers for the

a

student newspaper. The st aff is made u p of s t u d e n ts w h o receive t rai n i ng i n t he

va rious a spec ts of publ ishi ng, ed i t i n g

a nd

ma nagi ng

S tudent

a

ed i t ors

da i l y

newspaper.

d e termine

ed i to r i a l -

U nder t hese circums t a nces, sa ys t he

pe nd i n g

le gi sl a t i o n would

si mpl y be

"ex p ressions of op i ni o n by students" and would not const i t u t e "acts of the

u n i versity" i n violation of t he I R S code . The u n i \'e rs ity (as disti ngui shed from

i nd ividual

st udents)

would

nol

725 13.

- M . D . S.

PENNSYLVANIA

Sex on the Radio

S!X!

The U n i ve rs i ty of Pe n nsylva n ia's W X P N - F M wil l no l o n ge r be li v ing on t he fa u l t l i ne" concerning its b roadcast "

l i cense ,

now

that

the

Fe d e ra l

Com m u n ic a t i o n s

Com mission ( FCC) h a s g ra n ted t h e s ta t i o n a n e w l icense. The FCC's Oc tobe r decision e n d s W X P N 's t h ree-year st ruggle to rega i n t he license it l o s t i n 1 9 76, whe n the FCC den ied W X P N renew a l . charging it with mismanageme n t a nd broadca s t i ng o b sce nti t ie s . I n a d d i ti o n t o ta k i n g W X P N's license. t h e F C C lined the sta tion

$ 2,000 for vio l a t i n g the U . S. C r i mi na l Cod e which

fo rbids o bscene a nd ind ece nt ma t ter on t he a irwaves. W X P N a p pea led t h e FCC's decis i o n s b u t l os l . The stat ion t he n appl ied for a n en t i re l y new license whe n it lea rned thai t h e FCC might look fa vora bly o n a ne w a p plica t i o n . For t h e newly-licensed sta t i o n

,

h o wever. t h e song w i l l

not remain t he sa me. The FCC g ra n ted t he un ivers i t y's

boa rd of t r u s te es a ne w l i cense for WX PN o n t h e co n d i t i o n t h a t t h e y i ns u re t h e responsi ble o pera tion

of t h e s t a tio n .

FCC t h ought W X P N's past "m isma nage ment" p ro bl em stem med from a lack of supe rvisio n of the stati o n The

by uni versit y aut horities .

The cha nges that the boa rd w i l l i m plement fo r W X P N a re based o n t h e findings o fa 1 9 78 c o m m i ttee a p p o i n ted by t he u n i v e rs i t y president to s t u d y t h e sta t i on . The com mi t t e e rec o m m e nded t h a t the sta t i o n opera t e as a pu b l i c rad i o sta t i o n and p rovide p rogra m m i n g "on pa r wi t h t h e u n i versity's aca d e m i c sta n d i ngs. '. The board wil l

h i re a five-pers o n professional s t a ff and a

professiona l ma nage r to run the p u b l i c �ta t i o n . U n i vers i ty students will work o n l y as v o l u nteers.

20

SPLC Report

W i n te r

1 9 79-80

9 '1' 90S STAAK£

Th i s mea n s t h at W X P N will keep l i ttle

m ore

t h a n i t s call

l e t t e rs . d i s card i n g i t s past studen t-ru n s t a t us . Du r i n g its

l icense d i ffi c u l t i es.

W X PN

c o n t i n ue b roadca sti ng a nd never lapsed

managed

to

in its opera tion .

The FCC a l l ows a s t a t i o n t ha t is a p pea l i ng an FCC ru l i ng to conti nue b r oadca s t i ng u n til a decision is -

L. M .

be

attem p t i n g to " i n fl uence legisla t i o n " or polit ica l ca m pa i gns. IRS Rev. Rut.

issued.

.'


"

The

J ust ice

w h ole

thing

blew

De part me nt 's fa ce .

up

in

the

The J u stice De partmen t' s at t em p t 1 0

kee p t h e Daj�v Cali/or nian fr o m pu blis h i n g H - b o m b info rmalion fa i l ed when,

unexpected l y , a ne wspa per

M a d i son,

Wi sco n si n

sa me ma t er ial.

In A ugust, the Connection received

a

pu bli s hed

in

t he

Madison Press c opy of a 1 7 - page

letter d escri bing the work ings of a h yd roge n bomb. The let te r' s a u t hor, Cha rles seven

H a nse n.

had sent co pies to

pU blica t i o ns,

incl u d in g

I he

Madison paper a nd Berke ley's Daily Ca lifornian ( U ni ve rs i l y of Califo rnia ). The Depa rt ment of Energy ( D O E )

fo und oul aboul H a nsen's letter. Co ncerned a bou t the effect of t he letter

similar case against t he

on nalional sec u ri ty , I he D O E wanted

d ro p ped

to

Progressive magazine.

k n o w who

H a nsen lis ted

re cei ved cop ies of it.

six pu blica t i o ns. bu t left

out the Madison Press Conned ion. DO E got assurances from five

a

The Press Conneclion. by publ ishing the i n fo r mat i o n , rendered the J uSl ice

pu blical ions t hat t he letter w o u l d no t be

Departme nt's case moot. The Progress;I'e had

n o t give such assu ra nce .

prohi b i ted pu blish i ng

p u bli shed . The Daily Californian did C o n se q ue n t l y

the

J u s t i ce

De­

part men t o b ta i n ed a rest ra i ni n g order (Sept. 1 5 ) barring t he Californ ian fro m pu blish ing t he letter. (See S P LC Report

hyd rogen

bo m b

M o r l a nd ,

who

mainta i ned

also

bee n

cou rt o rd e r from a r t i c l e d e sc r i b i n g

by an

that

w o r k i ngs.

w ro te he

had

t he

H o ward a rticl e .

c u lled

h is

i n formation so le ly from p u b l ic sou rces .

Connec fion p u b lis h ed the le t ter in it s

later pu blis hed t he its N ovem be r issue . The Cr i m i na l D i v i sion of t h e J ustice

J usti ce

Department is cu rrently conside r i ng whet h e r to prosecute a ny of the parties

Fa ll '79). The

next

day the

e n t i ret y . The fo l lo w i n g

Madison Press

day

the

Dep a r tme n t drop ped ils case aga i nst

the Californian.

At t he sa me t i me

it

The

Progressiv('

arl icle in

i nv olved .

_·S. P. P.

Winter 1 979-80

SPLC Report

21


Finding Substantive Issues Ta lk to th« school

librarian.

Listen to the ave rage student W a tc h t h e l o c a l p a p e r s

commercial)

(schools

and

Watch 60 Minutes Attend journalism convent i o ns.

Excha nge papers with other scho ols

Take su rveys in �lectcd classes to find out what

t he student body wa nts to read . Conduct bra il18torming sessions by staff. Encourage non-staffe r c o n t ri b utions for guest columns.

Subscribe to the Student P ress Se rvice (Inq uire by writing, 1 033 3 0th S t . , N. W., W a s hington, D . C.

2000 7 ).

Cover the school b oa rd a nd city commiss i o n meetings.

Get

on a s many mailing lists as possi ble.

H ow to Make the Powers a borti on. The card i nal rule, or cou r�e, it is to present all s i des; leave o p ini o n and

M otivati n g a Student Sta ff

advocacy fo r the e d i t o ri a l page . A nd

"Can I d o an in-depth s tory on the

new homecoming queen?"

"1 still think eve r b o d y , j u s t everybody, would love a 'k iss a nd tell' colu mn . , .

Motivating the S1aff Allow

a n onymous

issues .

Ini tiate

stories

competi tions

fo r

within

among other school staffs.

controve rsial

your staff and

Post weekly lists of substantive issues.

Address contemporary topics. Develop

creative

l a youts

with

d o u ble-page

packages on indepth issues. Recru i t j o u rnalists with good potential, ( no t

necessarily "good students"). Reward efforts with awards, grades and bylines,

Delegate specific respo nsibi l ities to staffers that they can enjoy

and

be proud of.

Schedule regular staff meeting t o o btain i n put and staff parties re lations.

to

ha rbo r

go od

staff

Fire safety. Do school b u i ld ings meet fi re codes?

Drugs. What are people using?

Radioactivity. Are local nuclea r pla n t s safe?

Alcohol. Who is it ki lli ng?

court VI ories i n � p r of student pre�s freedoms over t he p t decade, gos columns and front pa� leUers from t h\ p rinc i pa l s til a bou nd . h a t tra d i t i o n a l albatross arOll d t he n� of student is still t he news pa pers , t he poof i

lll.p

rage - and causes morc needless legal hassles t h a n a ny other t y pe o f orting. This is t rue of both igh sc; 001 a nd col lege pu blica t i o n s.

F i n a ncial a i d . Where to get it? H ow to a pply?

J o bs. W h a t pays? U n i o ns . Are they helping or h u rting?

Liberal arts vs. vocati o n a l. Which pays o m are

aimed

at

CET A. Boondo ggle o r brainst orm?

Law Ilnd Rights Sex d i sc ri m ination. What happened to T i tle IX?

Winter 1 9 79-80

a f fe c t

com mercial

media

t he i r

with

10

is

!iv

ue

to

the

.m a k e

.

that

The

a re certai I y n o t meet ing t his need, and nei t her a r e t h e sc hools. I t i s left t o t h e s t u dent pr . t o ' fill the i n form ati o n ga p.

,-vi e d.oes the counselling office provi c'r" , k H ow well does the office serve t h e needs ·

studen ts?" H u man i ze the i n fo..on:lticlO t h rough

li beral

person accoun ts.

use

of s t udent

fi rst

Be sure not to neglect o t her sc hool news. Clu b activities should be covered,

but d o n't

devote half t he pa per to

sports. Th e li sts e x ha u stive,

issues

need

not

be

Discover your own local issues.

e

.n

of an article b �-Fl, '1»0; Prentice entir/ed. " Depth Rt'llhr(iJlK uf Substantive Issues. " Pr�Jlce i.!> lire newspaper adviser at S teph en F. Au Ii" High School and a leader ;1/ 'jj'XQS

in rerscholas t tr·;·"::'(ilflf 1alism.

e m o t i o na l

as

ma

·ad�

sta fo s

affl

81

rep

co

di

mc

e� ,n

,S Dd.I''-·

Re

thi ob

Re

n

jo

ha l

l/lu

liJl does part-lime gild is a· ';) mber of the

reported for a dai(}'

freelah ce work.

He

of Prole ;ollal Jo urnaliSIS:

Si�mo / )(,It a Chi: Prl!lIIin.' \1.·as also 11 h /gh . c/lO(J.I editor alI I jJm idem of the I n t e n ch o los t ,. {, ·r L e a g l ' P r e s s Conter '11 c· ill Texas.

0 ••

i new styk is obviously light ye

..,

high

h

I mimeograph wh ich ca rried

cHi nes on the senior p rom .

rei lar

:01

ge is reI t h e l S u bS w n l ivL: co ' n e w i n high school u blic tioru. b!Jt can

ba nner

as

cm

Th e follmving is an

fi na ncial

or

COl

b y Thomas Prent ice

awaV from l b at seen in t he tra d i t i onal

aid

ISS

controve rs i a l , · · t h ough most of them

are. The issue can be a s m u nd a n e as

stc vel

here

and

A s u bstantive p u bl ication i s one I hu l \ \ . " npw be found on a regular hllloi i n many ca rries i n for m a t i o n and ideas rath than m ere pers o na l i t i es or fluff. o(the h i gher q u a l i ty high scho,'l l paJlcr . Substantive

ho

"Wha

abstract

respon i b' lit y

have readers p rovide their i n fo r m a t i o n n e ce s s a ry

j o u rnalists

t h a n asking.

Editor's Note:

I he sports beat. We're p u b l i s h i ng thes Ii I Jor one si m p le rea so n : we believe that student a

to

\ G tt g Staffs T.l o G o I n · De pt h

"

d i re c t l y

J o b hunting. Who h i res studen ts?

SPLC Report

suj;�IQnti" e

i n formed decisions ab out

M oney and Work

22

lin

ways to encourage stude n t try somet h i n g o t her t h a n

N ut ri t i o n. Wh a t a re we e a t ing?

rip-offs

l · tudent s t a ffs to cover issues is o ne of the more fo r m ' d a b l e I ks i n s c h o l a s t i c j o u rna l i m. Despl a strea k o f stu n ning

O

su ggestions for go od issues

H ealth lInd Safety

What

decora ting com mittee meeting on . 1" lNlg�, I'll q U I' t '" .

Th e accompa nying art iel

SUBSTA N TIVE ISS U ES :

Co nsu me ris m . you th?

"If you do n't put my st ory a bout the

i n for m a t io n

..

r need not be bori ng. One ca n use . p rolilem- I 1 09" a p roach. Ra t he r

read.

a

p rOViding

1

Jot

JOt

fO I

'·1 jOl

thi es:

ILLUSTRATION B Y SEAl


Gay rights. What do they want? Rape, Where d oes

it happen?

S treet law. How d o you appeal a parI.::i n g ticket? Crime. Are you sa fe? Civil rights. What is the new racism? Due process. H ow ca n you be suspended? Speec h . What can I say?

�rs That Could Be

Access. Ca n you see your school records?

Love and Sex

, it

rid

lo

se er

I

De pth re port i n g conce n trates on the how a n d why of the s ta nd a rd news story,

versial.

and

is a lmost a lways con t ro-

T he

depth

eve n ts ,

issues,

c onsequences,

he

rep o rt

ex plains

potential

t he i r

a nd

dept h

with

The growing c o ncern cove rage was brought a bou t by t wo fact ors: jou rnalistf educa tors in ad i 0' roles on school papers a n d

,w

main

f

'st

a bove-avera.g �lUdent jo urnal ists in ' C t wo i ngred ie n ts sta ff positions . foster substa ntive C(W rage of t he news

01

d,

a ffec ting high sc hool

to

S im ply,

sl udents.

adv isers

be

n u ld

medi a journalism majors with ne �x perience. Qrafted E n gl i s h teachers nd resh c lege graduates jp t d on't

IlS

h ve h.e s ills to teach i n-depth repon i n g. l11e o n l y t h i ng, wor ' than a

c

di

in

m pelen

Siudent

e nj:: ura ed d -.:'. bef r

R :crUitmenl

n

d V i se r

j o u r n c. l -i s m

reporting Is (l1 pcte n l teaCher who encoura

ournging

depth

journalists

n� d

b lh wbil t h e Ir t hey

g

of ta �en�ed

l .

t

011

an

s

it.

be

ta ff

':I �_

, �ers. cnl lca

t h l l1kers, percepuv� qu Honers a n d observa nt rep�rter � 'tc� n u m be r o ne. Recrui t me n t is easy if t h e- s tud e n t bOd y knows

t he adviser con iders student rna � i s m to an i� po rtant and

jo

ha rd�hl1�mg su bj e hard h i t t i ng

I. as I m portant a n d

t he Washing/on Pos t or BS News . Student papers must l o se t he reputa tion a s be ing l ig h t -wei g h t ,

ap pendages ad mlOlslra l Jon.

, fri :l �u .

tI e

I d e n t i fy i n g

s

repo r t ers

"

of

p o t e n. l t il l

( possi bly

with

sc h ool

the

student

help

from

language arts teachers) Bnd pers o n a l ' c;:'n 'ouragcmcnt wil l ' " I'i11 beg i n n i ng j o u rnalism da sc. w i t h beg i n n i ng

jou rnalists rather t h a n students l o o k i ng fo r

I

a

.

fu nH cou rse.

' Good in s t ruclion. once you've got the j o urnal ists i n class, is cruc ia l . Critica l fac t organizing a re t h i n k ing and esse n t i a l

ON BV SEAN PARKS

skills

to

be

st ressed .

J ou rn a lism is a learn -by-d o i ng field.

.'1

so

req u i ring a s many necessary t o satisfy bot

rewrites as stude n t and

adviser, is basic to gou journalism l i n t roduc t i o n . There is no d i fference

:

An

use d for sim ple news sto,*s

e skills

d those n-dePth

used in depth reportin � he d x plores st ory probes more dee�ly m o re co m plexly and d�libe at Iy. I n -d epth writing re 9 ui�s i ! n -dep th st/get\involved i n struct io n . Advisers

and "advise" every ste p ot t h l way, at least with b e g i n n l n gl s d ents. E v e n t u a l ly ,

encouraged

if

t

p r o f'J. s s � n i s m i s [ pro�t a u Ah t

and

fessionalism will b e a

� ieveC\.

One s u re way to <.:U:mot i v

and often dr ive them lu t 0 f . , fo r t he!Padv , q to c o m p letely IS

t u dents

the face of c r i ticisn/

student staff out o O h

a n ad viser who fa i ls\t staffs First A mend ':

o t h rg

watet fast

ogram ake .1fI o ws a than

fi r ml� defe d the n t rigf\.ts.

A nother critical ,' q ui reme t of t he m o t i viat i ng ad vise ' i s u nder� nding w h a t is news a t,.. . igh schoo l . \ roms,

c?�tes l sfind o t he r ex tra r i cu­ I . n o t news. New� 0 ,the . ,om po'ed of t hci s$ne school I

" bl'aJ,.!t

"1�r-actJ\'1l 1c. lrtfe .

ele ments a s i ne vs

of I h e c i t1, st te,

n a t io n and world: p lieles , .con cts, i s sues , dra m� p rominen�(' usual-

pro'l1iit"fIY.

ness, in terest ahd A good news paper establishes

a high

standa rd t h a t students wa n t to meet o r e x ceed . Com pet i t i o n is ce rtain ly a

Dating. Wha l come after first base?

A bortion. Is it right?

V. D . Is it an e pidemic?

Birth Contro l . What a re t he best methods? B i racial Relati onships. Are they the in thing? Family and Friends Child abuse. How d oes it affec t your life? I n cest. How common is it?

R unning away? What d oes it solve? Childre n . Are they worth it? Parents. H ow do you live with them?

School and Classes Curric u l u m . How do you rate it?

Teachers. How good a re they? Grading. Is it fa i r?

Tes ts. W h a t do they tell us? Dorms.

Board o f regents of school board s. What are they d oi ng?

Student governme nt. Is it worki ng? No n-tra d itional st Udents. A re they smarter? S u bst i t u te teachers. A re they effective? Budgets and spending.

Chea t ing. How widespread is it?

Salaries? What do a d m inis trators ma ke?

Emotional and Mental S uicide a n d d e p ression. W here to get help?

Fea r and building self-confidence. Counse l l i ng. Does i t work?

Respo n s i bility and s t ress. Are you asking fo r a

heart a t tack? Teacher bum-out. Why do they retire ea rly.

Miscellaneous

real i ty in jou rn ali sm and one o f the elements t hat makes it appea lIng. The

D raft.

scoop synd rome ) a nd t he desi re to hel p someo ne a re bOlh k e y m o tivations t o

Dea th

des i re to " k no w someth i n g fi rs t , " (the

cover substan tive , in -depth rep o n i n g. The recogn itIon factor-by-J ines,

a wards,

res pec t - and

nonacademic ac t ivities

i n cen l i ve i f capitalized .

vario us

is also

a

big

G e t t i ng a wa y (rom t he t h i s-is-only-a­ is menI a l ly

h i g h-scho o l- p u bl i c a t i o n

per haps the b o t t o m line.

Are you rea d y t o

die for o i l?

H an d ic a p students, Is mainstreaming a good i d ea?

Aging.

Leisure. Life

in t he fas t lane?

New Federal Depa rtme nt o f Educa t i o n . W hat is it?

Pa rki ng.

CIA/ F B I (Are they on ca m pu s? H a ve t hey been?)

S tyle. Why do people d ress the way t hey do? Power. Who has it on campus?

Winter

1979-80

SPLC Report

23


A fter t he fi rst "Report Ca rd" a ppea red in t he fa ll '79

Report, we were severely c.rit icized from several quarters

M ost sc holastic press organizations req uire schools t ha t want t heir p u b l ica ti ons judged t o fi ll out lengt hy applica tion forms and pa y a fat fee . Not t he St udent Press Law Center; we do it for free. Of course, there will be some (thin-sk i nned) newspapers t hat would prefer not to be the rec i pient of t he Center's chari ty, but rest assured that none will be spared.

for being too " p reachy," a not unfounded complai n t . But let us explain. A s the strongest voice fo r student freed om i n the cou ntry. the Ce nt�r enjoys nor only the privilege, but t he o bl igation to point o u t i rrespo n s i b le o r uneth ical cond uct by student journal ists. Of course p ra ise fo r good 01' hard - h i u i ng jou rna lism will a lso be l i bera l l y dispensed . Ot her scholastic press associati on s might rate you on s pe lling. grammar, syn ta x , la y-out and head line cou n l . We grade you on content, on su bstance, on gu ts. T h i s is n o t j u s t an e x e rc i s e 1 11 p e r v e r s e self-aggra nd izemen t. S i m p l y s t a ted o u r p u rpose i s t o su ggest idea s for issues you should ( a n d s h o u l d not) be cove ri n g in student publ ications . A nd if you do n't particular ly care for what we have to say, please se nd a leuer to the editor. A fte r all, the Report is a forum for student e x p ressi on.

The staff of The Panther at M iami Palmetto Senior H igh ( Florida) packed enough substa nuve Issues into their Novem ber 14 edition to last some newspa per sta ffs a full yea r. A fter an onymously ob taining a copy of the Statewide S t udent Assessment Test ( SS AT), w h ich a stud ent must pass 1 0 receive a d i ploma, t he editor published a news a nalysis scrut i n izing lax test secu rity. An accompa nyi ng a rticle assessed t he validity of SS AT a nd reported on rece nt li tigati o n attacking t he constitutionality of the test. A nother a rticle gave an i n-depth look at the d i fficulty of removing "ine p t" teachers. The paper also reported on the fai l u re o f Congress to enact the "Truth-in-Testing" legislation. A two-page s p read ca rried four features on various job opportuni ties as alternatives t o college . A t h ree-page ed it orial section p rovided lively copy on such diverse issues as mistreatment of H atian refugees, unjustified delays in school renova tion, Castro rhetoric. nuclear energy, death penalty and t he untimely demise of t he s nai l d a rter.

The Elliot County ( K entucky) Pride ( t he newspa per's name is not with oUt significa nce) dedicated a recen t issue to t he s uperintendent of schools . The fea t u res included a listing of students w i t h birt hdays in September and the requirements for participating in t h e school blood d rive. The ad vice columnist was given a full page: " Dea r Ga bby, I like (his boy a lot. H ow can 1 let h i m know I l i k e h i m? (sJgne d ) De pressed. Dear Depressed. Why don't y o u try t a l k i ng to h i m about r h i ngs he l i kes. Be nice, friend l y, and s m i le a lot. And good l uc k . ( signed ) G a bby." But t he highlight of the paper had to be t he "Society Page." "Who is Ke nny Ha nsen being see n with lat ely? Just ask Kathy K nigh t . Who is the 7th grade girl who ca n'l seem t o make u p her mind which boy to like? Just ask Leslie Rogers . " ( Report cha nged t he names to protect innoce nt vict i m s ) . A nd on a nd on ad nauseom.

24

SPLC Report

W i n t e r 1 9 79-80

A+

F


Th e Pope's F i rst C om i ng t h i s fal l elicited a n u m ber of commentari es, many of them u ncomplimentary, from t he st udent press. An o p i nion piece e n t it led. "Catholic ch u rch: be h i nd the timesr pu blished in the La kewood ( Ohio) H igh School

Times vi vidly exp ressed the concerns of a young

Ca t holic in a p redominately (65 perce nt) Catholic community: "Do you h onestly believe that God i n tended H is church t o become a mult i-mi llion d o l l a r corporation that uses guilt to control its mem bers? Religion should preach love, and not turn i t self into a mo ney-ma k ing bu sines s . " The resulting flood of letters from parents

and priests chris tened the ed i t orial ( a nd its author): "violently anti-Catho lic." " b i goted:' "i nsulting," "tasteless," "biased p ropagand a," and ua slap in t he face of

The Time.1 su bseq uently pri n ted 12 lellers to t h e editor of the editorial - and, i n a n edit o r's note. ex plained that the

the Cat h olic comm u n i t y . " - I I of them c ritical

p u rpose o f the article was �to e ncourage others to review and stud y t h e i r own feel ings to ward the (churc h ] . "

Compare that ra t h e r m i l d a n d well-i n tended comment w i t h t h e satire published i n the Oak Lawn ( I l l i nois) S c h oo l Fe ver." " B y greas i ng a

few

Spar/anile omi nously e n t itled, "Va tican Nigh t

palms of ( h e l ocal archd iocese, I was a b le t o see t h e new s o n gs

visitJ." began t he s t o ry. " The first son g i s without like t h i s: ' W ho's t he leader of t he c h u rc h t h a t was made for

[es pecia l ly w ri tt e n fo r t h e Pope's t i t l e and goes some t h i n g

you and me? P-O-P- E-J-O- H - N-P-A- ll-L. Pope J oh n Paul ( n u m ber (wo), G od on earth u n t i l t h e day he dies . . dies, . . . dies . . . . d i e s . " .

.

T h e K e a n College ( N e w Je rsey

c

) Independenl l e d o ff its Oc tober 18 issue w i t h a

bang: an ex tensive piece on "slum l i v i ng condit ions" in t h e school d o rms, includ ing a large p h ow of "some of t he t rapped roaches found in

506 B u rch [ H all)." Regular

col u m n s are devoted t o issues of special i n te res t to veterans, hispanics. b l acks and women. But the fea t u re section consisted o f eight ( co u n t 'e m 8) photos of Peter

of " C o m i x . n We are not a mu sed . (The staff ge t s an .. A" for fi gh(ing censorsh i p t h ough . See story p. 3 1 ). Fra m p ton at a rece n t con cert. followed by t hree pages

B !.

New Expression. an mdependent newspaper put out by a n assortme n t o f

Chicago lee ns, recently h i g h l ighted t he gro wing need

for

psyc hia t ric help for

adolescents. The same issue discussed the insurmo u nta ble "hassles" encountered when trving to see a guidance counsel o r and re tail business discri m i n a tion agai nst teen custo mers ("Tee nage consumers are bei n g overclerked, u n derclerked and d is respected by store salespersons a nd ma nagers beca use of t he i r a ge "), A sid ebar t h e consu mer rig h ts o f teenagers. An e n tire page was devoted to first

detailed

person accounts o f fre s h m a t ra u ma.

U n happy with

t h e Chicago

Board of

Ed ucation's la test desegraga tio n plan, t he slarr brazenly p r i n ted its own four-part p la n . A n i n vestiga tive p i ece detailed o n reporter's successfu l a tte mpt t o obtain a false

A

1 . 0. car d .

Winter 1 979-80

SPLC Report

25


I n A ustin, Texas t h e Ste p h i n F. A us t i n H i gh School

Maroon ga ve front page

A

coverage to a school electrical hazard un covered by a state safety inspector and reported in d epth a sc hool board proposal to bring drug-sniffi ng d ogs in to the sc hool. I nsid e st ories reported on a "drug awareness" program, pending d esegrega tion lit igati on, an anti-nuclear power rally a n d vocational trai n ing.

The staff o f the

Black

& White a t Walt W h i t man H igh School i n Bethesda.

M a ryland recen tly sc ru t i n i zed the student govern ment association budget, crippled by a deficit from last year. A fea t ure com pared Whitman s t udents' S AT sco res with local sch ools and the n a ti onal ave rage; a sidebar weighed the value o f S A T preparatory cO UJ'SC:S. Th e active editorial pa ges addressed a number o f diverse issues:

A

cou nty water rates , Carter's p ro posal fo r a si x-year, single-term pres i dency, countywide standarized te s t s for academic s u bjects, cri ticism of "sarcasm and vici ous stateme n ts" in the sc h o o l yearbo ok. A fu ll-page story anal yzed teacher "'bu rno ut," including a survey of Whitman teacher experiences. Board of ed uca t i o n activity was also detailed.

The

following examp les

o f two pages from

Le x i ngton,

K e ntucky reveal

d ra matica lly the d i fference betwee n a "trivial" ne wsp a per a nd a substa ntive one, The front page lead story of the Lafayette Times Se ptember 1 2 was hea d lined

D

"lunior class gains spiri t early to achieve goals. " The fea ture page offe red such stories as: " Princi p a ls ru n Lafayette" (the kicker added, '"A big res po ns i b ility") and "Lafayette clubs promote involvement." To their cred i t , t he staff did ed ito rialize aga i nst ca m p us l i l ler a nd pri nted a "commentary" about st uden ts' nega tive attitudes . Across town, t he Tates Creek

Masthead g a v e e x ten sive p l a y to prop osed cha nges

in t he student code of conduct including a t wo- page spread on the ru l es relating to

A

students' freedom of ex pressi o n . A n article on t he school board budget began with the lead, "'[ S]uperintendent of Fayette County sch ools h a s p redicted that this school system w i l l be bankrupt b y the 1 980-8 1 school year." The editorial grumbled about a new federal law banning the s a le of junk food in schools serving federally su bsidized lunches. A su bsequen t issue dea l t with the practice o f ma i nstrea m i ng handica pped students.

The fO llowi n g list o f Dos and Do n'ts fo r p rOducing a wort h w h i l e st u d e n t p u blica t i o n re p resents not h i n g m o re t h an

our

own

p rej u d ices.

independe nt-m inded

s h ould

remem ber I h a t I hey have an e l h ical an d viewpoints

are

presenled

in

t he

sc hool p u blica t i o n ; it s h o u l d not reflect merely the perso n a l b iases of t h e ed i tor, staff. or maj o rity of stud e n l s .

D O N 'T:

Cover sch ool board , city council a nd

other l oca l, but not school-related stories;

H owever,

ed i t o rs

lega l obliga t i on to ins u re that a va riety of

DO :

Publish a s l a teme n t of editori a l a n d letters p o licy;

Cover na t i o n a l issues such as the

d raft, n u c l ear po wer, S A LT: Encourage minority writers

t heir columns ; Cove r the

p ro s a n d c o n s o f any

important issue, prefe ra b ly by using two repo rlers .

26

--,-_ ... . . --:-

S P LC Report

Winter 1 9 79-80

P u b lis h lellers fro m school a d m i n i s t ra t o rs o r s t u d e n l government o fficials o n t he front page unless crucial to a story;

by

setting a s ide space; s pecifica lly fo r

Devote a I h i rd of I he newspaper to spo rts;

necessa rily

P u blish "goss ip'" columns or A p r i l F o o l s D a y (humor) is sues;

E n d o rse

one candida te

fo r o ffice

w i t h o u t p r o v i d i n g s p a c e fo r o p p o n e n t s to prese n l I h e i r p o i n t o f view. -M. D . S .


TEXAS

Drinking and Drugs Spark Disagreement Did two pages on drugs a nd alcohol

in an Austin, Texas yearbook demon­

Slrate a se rio u s lack o f jud gment" or "an honest attempt to represent the "

presence o f the problems and the con­ troversy su rrounding them " ? Two

pages

in

the

Austin

High

School Comel contained an article called " Drink ing and d rugs spark dis­

agreemen t . " Five pho togra phs accom­ panied the article: two of hands pass­ ing a marijuana cigarette, two of iden­

ti fied students drinking beer, and one of empty beer bottles in the student

park ing l o t .

Because o f this spread, adviser a n d

j o urnalism teacher Thomas

Pren tice

received letters from parents and PTA

officials

challenging

his

competence

and jud gment and demanding his dis­

missa l . Prentice said he knew the issues

were " touchy, " b u t he was surprised a t the reaction s . " I t i s my j o b to teach th e students

the criteria fo r n ewsworthiness and

then supervise them as they make the i r

ow n judgments a b o u t what issues a r e covered in the yearbook , " Prentice

sa i d . " Thei r j udgment i s tha t marij uana i s

n o t unusual a t Austin H i g h School, and that it should be reported . " Some paren ts

,

however, condemned

the pages as " i nap propriate" and "in

bad taste . " PTA co-presidents Sid and Marlene Rich said the article dem on­ strated "a serious error in judgment. "

" I t is i ndeed tragic that this edition

o f the Comel memorializes and por­

trays as everyday acceptable conduct illegal actions on the part of a few m i�­ guided students , "

one parent protested

in a letter to the pri ncipal . Student editor Karen Simms said her j o b is to cover the entire school year, without filtering out the bad behavior

of students. In reference to the parents'

disa gree ment with the publication, she said they were close-mi nded , and had obviously not read t he copy if they thought the staff was condon i ng d rugs

and alcohol.

This photo and an article about drug usage caused an uproar at Austin (Texas) High School Not a l l parents cri ticized the two pages of the Comet. " I would like to congratulate them [the students] fo r attempting to come

to terms with seri ous problems which some of their parents a p parently still

cannot face , " sai d one parent in a let­ ter to Prentice . Both Prentice and Simms emphasize

the strong support they received the administration and students. P rentice

said

he

was

fn

u ncertl

whether he will print this type of c( troversial material again, " for t would entail

versy . "

almost

certain

cont

He said , however, that he

no regrets about this year ' s editio n .

I

- C . M . D.

Winter 1 97 9-80

S P LC Report

2


Warning: Let the Seller Beware S tudent newspa pers often receive m a ss m a i l i n g s o l i c i t a t i o n s fro m com pa n ies reques t i n g t hat they run ad vert i s i n g

a nd

then

b i ll

l a te r .

Somet i me s th ese offers a r e legi t i mate; sometimes they a re not, accord i ng to To m M cClure , a represe ntative of the U . S. Posta l I nspector's Office . The S t udent Press Law Cenler has rece i v e d

se ve ra l

complai n ts

and

i n q ui r ie s t h i s fa l l fro m s t u d e n l newspa per ad visers concern i n g such offe rs. Mo st of r h ese compl a i n ts i n vo lved the American Forum Press, I nc . a n d its m a s s-ma i l i n g ad vertise ment of a " Face Fa cts" booklel (how to cure acne). Afrer num erous a t tempt s company by p h o ne N ovember,

the

to

rea ch

Ihe

i n October a n d

S P LC

was

a b le

to

contact Mr. M a rc i na k ( no first name given), the p reside nl o f the company. " I f Ihe prod uc t genera tes money we wil l pay our cred itors, i f it d oesn't, we will not be a b l e to pa y , " Marcinak said. "We i n t end t o (pay]. company though . " Marcinalc re ported he i s con fi d e nt t he

booklet w i l l sell, but sa id "' t h a t so fa r Ihe response has been n O l h i ng t o get excited

about." H e ad ded I h a l about 1 5 0 newspapers had respo nded a n d "less Ihan a hu nd red " booklels h a ve bee n

ord ered .

compa n y

is not a n sweri n g req uests fo r p re-pa yme n t for i t s ads. , . I f I h e sc ho ol's policy is t o require

pre paymen t . then I would n't run t h e damn t h i ngs- which is bu s i ne ss, " sa id McCl ure.

j ust

my ad vice to anyone."

pa ymen l . Post a l Office r McClure sa i d

A college paper, the To rch of Illinois' Benedictine College, received and ran

a n ad for resea rch papers (see p. 29 for

in

Cra n ford, t ha t

it

has

New

J e rsey)

received

n i ne

"i n q u i ries" fr om s t udent papers on [he com pa n y a nd has recent ly sent severa) i n q u i ri es o f i l s own 10 t h e compa ny. No res p on se has been rece ived . M a rci n a k reported t ha t h e " is I rying to a nswer the i nq u i ry of t h e B el l e r B U S i ness Burea u." The Newa rk B B B ha s taken n o act i o n

ce i ve d n o o ffi ci a l co m pla i n t s .

28

SPLC Report

cau t i o u s a nd req uire pre - pa ym e nt for ads from compa nies they do not k n ow. k n ow.

In qu iries

N OTE:

or

comp/uillls

on

A m er ican Fo rum Press. Inc. con be direcl ed 10 the Newark Be lle r Business

comp a ny ba sed in L o s A n geles, a bill

Jersey

last spri n g.

(20 1) 648-3622. or wilh I he

" We heard

o f t h e Torch. "We se n t a fo llow-up it

� 'I�

10

six

The Torch has

I

Cal­

" P hot os se rs. U nl i m ited," based

vi

.-

I he

G ee s

Bees

Com mod ores t o student papers.

or

The

com pa ny has no phone and has not inq u ir ies .

BOlh

the

Cali fornia Postal I nspector's O ffice a nd A t t o rney Ge neral's A t t o r ne y

( C oli 3 u m e r Affa i rs

Office a n d

G e n e r a l' s

O ffice

Division) had n o

R icha rd Joh ns, e x ecutive secrelary o f

Winter 1 979-80

a nd

S croll

Society,

Impenor in Ne work 01 (20 1) 645-J994. Inqu iries

and

complainls

reported

aboul

Ph olos UI/limiled" o r "A cadeJllic Res earch " can be made wilh Ihe Los A nge/es B BB 01 (2 13)J82-09 / 7 or 393..

0092. or

wiTh Ihe U s. Posla/ lnspeclor

in Los A ngeles 01 (2 /3)668-21 80. or wilh Ihe Consumer A//airs Division 0/ Ihe Ca lifo rnia A I / orne.\' G('nua/'s

i n formation on I h e company). Quill

of

Sl--Z ip-- ___

Cit;

type ads for free

S t ate

efleetlYe rnelhods

Name

Ad.dre68

in

S P LC

scsn,ngl behavior and

Old you know thaI .. recall' national $Uf'Yey ,_..t.o thaI acne \s one of !he dI"! -ne.ltll COfl(;8mB of iUIl;or and senior high OGhool slvdenta? Use ,.ACE FACT'll IS a !&aching looL Ordel copies for your claSS and .ave eoc per COP)/. For orders o..e r 25 oopIe6 the pl1ce Is onIv $2.50 per 009Y.

that is worrying n e w s pa per ad­

a n swered

.. There a(8 safe and tree llno &ene!

your

Teac ..... and ec!ucatOf1l:

company

of

call "fleet pe�111y1

* Acne

AOJ E i n this easy 1 0 read book lel ENl yooJ( COAfusion and sava hund(e<ia 01 dollara Ihal you might � nd on \/0100'\"' wllh leu home remediee. Fill jll lhe beIooM informallon and send ,I tQOelhe-r . $3.00 10 lhe AMERICAN MEDICAL FORUM PRESS. eox 1 1 1 . CRANFORD N.J. 07016.

could be o btained

p o s ters

BOI!W!I degree! .. Untreated Ilene call laad 10

Get all the IatHl Iolowll tact a aboul

pany. No i nform atio n anot her

* A lOt of mlsinfolfllalion Is rep6Bted about &enel .. 75 ... - 85'" of all adoiescellU have Ilene to

have n o i n fo rma­ t i on on t he com­

i for nia

DID YOU KNOW ?7'n

'PJ. ��

I

not been paid and p o s t a l o ff i c i a l s

S t a te

Of fice al

u.s. Poslal

--

leiter because we

on

General's

DOES YOUR AC N E PIMPLE CO N D ITION HAVE YOU CONCE R N ED?

Bob Be l ter , ed i t o r

ran

A /lome)'

h a ve n ' t a n yt h i ng

from them," said

aga i n st t he company ye t . beca use i t h a s re

for Aid to H i g h er J o h ns agreed with

B u r ea u aT (2 0 1 ) 643 -302 5 . Ihe Consumer A /fairs Division of Ihe Ne w

sent mass m ai ling­

repo rted

Ad."

d iscussi o n of o t h e r Torch problems]. The paper sent "Academic Research ," a

The Better Bus i n es s Bu rea u ( B B B ) o f based

G u id e

M o ney

Education

I h a t 30 da ys is a rea sona bl e t i m e wi thin wh ich to expect pa ymenl a fter bi l l i ng .

I nglew o o d , has Ca l i fornia,

New Jersey ( t he com pa ny is

t hat mass ma i li n g t ype advertising wa s a problem i n 1 9 77 wit h t he

" n a l i o n al

M cClure t h a t stud e n l papers should be

Several papers told S P LC I h a t t h ey have run t h e ad a nd a re a wa i l i n g

good

Newa rk

of

t he Newark BBB. "'If you 're goi ng to p ro c e ed , proceed wit h ca u t i on - t h a t ' s

issues . "

"This is not a g rea l l y capital i zed

The

" I t doesn't s o u n d kosher t o me," said R oslyn Clemons, execul ive sec re ta ry

(2 13)7J6·1097. -B. M. C.

Office 01


Overdue The stud en t paper a t Pe nnsylva n ia's Westminister College and were found

its edi tors

not guilty on all cou nts of

stea li ng books fro m t he schoo l l i bra ry last N ove m ber.

1 40 bo o ks

Eigh t sta ffe rs had re moved

from the school's theft-ridden li brary as part of an i nvestigative story o n lax security a t the reso u rce ce n ter .

"'We carted them off b y the

d02ens­

r ight ou t o f the fro nt doo r,'" sai d M a rk:

Bahr,

ed itor

The

b oo k s

Holcad.

of

the

were

WestminiS/er

counted,

photo­

graphed and ret u rne d t h e same day.

A Security guard w h o learned of the es ca pade from a

Holcad photogra p her,

did n't t h i nk it was a good idea. H e re po r t ed the "theft'" t o t h e co l leg e dea n wh o offic ia l ly charged the paper, as a n

and

orga n i za t ion,

t he co-editor and

ph o t ogra p h er as ind iv i d u als . with t heft of unive rsity p roper t y. The pol ice w ere ,

not

cailed

in a nd the c h a rges a n d subsequent h e a ring were a l l h a n d led i n terna lly. The college j U d i cial board hea rd t h e dea n s a n d s t ud en ts a rgu men t s and '

'

These books were not slo/en by the Westminster H olcad staff. found that the s t ud e nts a nd paper had

coverage, accord i ng t o co -ed i t o r Sal

not intended t o k ee p t he books and

K a rr.

therefore were not gu il ty of theft . Th e i ncid ent

received

extensive

media

- B . M . C.

Papers Sel l ing Papers: An Academ ic Issue Running advertisements for research

RESEARCH PAPERS

papers caused b ig hass les for two pri­ vate college newspapers last year. Both papers were charged by school officials with unethical practices and bo t h

dropped

the

controversial

1 0,250 on File

ad

T h e stud ent affairs board at I l l inois'

All Academic

P.o. BOX 2-4873 LOS ANGELES, CA 00024

Torch stop publish­

ing an ad from Academic Researc h , a C a l i fo rnia co m pany t ha t sel ls research p a pe rs. ( See re l a te d sto ry . p. 28 . ) Benedictine's dea n of fa c u l t y and i n st ruction fel t that i t was wro ng fo r t he

paper

to

cheat i n g .

ru n said

an

tha t

ad

p ro m o ted

Torch E d i tor B ob

Belter. The dean referred his complai nt to the student affairs board for a c t ion Belter reported that

.

the board had t o

address t he complaint b u t did not want

to i nfringe on the paper' s press free­ dom; so, i t recommended t h e paper not pu b lish the ad, b ut gave no provision for punishment if it did.

Subjects

ACADEMIC RESEARCH

Benedictine College recommended in September tha t the

-

Send $1 .00 tor your up-to-date, 3Q6.page mall order q,atalog,

voluntaril y .

Bel ter decid ed to comply

apology. or i t could h ave eJtpe l l(

.

"The company had not paid i ts bill i n two years and the ad caused too much o f

a hassle be tween us and the

adminis tration , " explained Bel ter

.

At Ohio's W ooster College, Editor

Lisa V ickery ran an id enti cal a d in the

Wooster Voice. The college charged

her wi t h vi o lating W ooster's Code of Academic I ntegri t y . The schoo l ' s j u d icial board could have demanded

the paper

print a n

Vickery from school. The board,

however,

merely SUj

gested that t he paper review torial policy. Agai n , Vickery ran t he ad editorial

defending

her

its ed

an d

a

position

month l a ter , The school again charge her with violating the

of A ca dem ic I ntegrity.

Wooster's C o<

V ickery fi nally agreed to dro p the a( and I he sch o o l d r o pped I h e charge.

Winter 1 97 9-80

S P LC Report

2


KENTUCKY

Blacks Burned M em be rs of a b lack frater n i ty a t Eas tern Ke ntlIcky U ni versity cha rged the sch ool papcr wi t h rac i s m t h i s fa l l a fter p u b l ication o f a ca rtoon a n d ed i t o ri a l c rit icized t hei r p ractice of �bra ndi ng" mem bers. According to O mega Psi Phi at to r ney . B i l l Shelton. fra tern i t y members a nd t he B lack S t ud e n t U n ion were upset by the ca rtoon (see i nset) because "ce rta i n facia l fea tu res on t he cartoon cha racters . fi t

s t e reotypes

of

people."

black

.

, were exaggerated to The

accom panying

ed i t o rial a lso raised the i re o f fra ternity mem bers because it i m p lied t hat brandi n g was not R on Wo lfe , a dviser of "carica t u res do this

.

.

.

The

a

vo l u n ta ry act .

Eastern Progress, said that

t ha t cartoonists o ften exaggerate

p hys i ca l featu res to m a ke a poinc" He also said two fra te rn i ty

members were q u o ted

as

th a t

saying

u pset students and agreed to give them re buttal space. The

the

offer has

branding was a ffec ted by peer p res s u re. The editor and ot her newspaper officials me t with the

n ot

been a cce p ted t h u s far, re ported Wo lfe.

- B. M , e .

NEW YORK

Staff Seizes Newsroom and Starts New Paper When several staff members of Ne w Y o r k State U nivers i t y at S t oneybrook's STatesman

became

d issa t is fi ed

wit h

more

" w i l l become Statesman 's successor fo r

represe n t a t ive of the stude nts . At fi rst , the Statesman was le ft weak

w h i c h publis hed less ofte n . n o w says t he

be

m o re

a nd

l i be ra l ,

the

The Stoneybrook Press.

1 980's.

pa pers do n ot compe te ,

t hei r editor's p ub l is h i n g p o l i cies last

by

Octo ber, t hey led 30 su p po r t ers i n a

i n vo l ved i n t he sei zure. said Statesman

nightime seizure of t h e news office, using its e q ui p m en t 10 p u blish a protest

sta ffer Joan M ulria n .

o n ca mpus for two newspapers, a n d fo r

C o n t ra ry to the Stalesperson 's pred iction t hat t h e a lter na tive paper

t wo voices," said B ra n d , -L. M .

paper, the Statesperson.

Th e

le a d

S t a t esperson 's

e x p l ai ned

that

t he

takeover

s t o ry of the

Statesman 's office was a res p o nse to the "gro wing d issatisfacti o n " o n ca m pus

w i t h t h e Statesman 's failure t o cover various

m i n ority

causes.

ed i t o r i al ,

an

In

gro u ps the

the i r

and

Slatesperson

resignation

the

of

the

e d i t o rs

"The c o nsensus is t ha t there is roo m

MICHIGAN

$50,000 Lost in Libel SIJ it A $ 1 . 65-m!lli on libel s u i t liIed against the M ichigan S t a le U n i ve rs i ty State News by t hree po l i ce o ffi ce rs i n 1 9 77 has

C O U l d be reined and agreed t ha t :

1 ) the

some where near $SO.OOO (accord i ng to a p o l ice source); 2) t h e News w o u ld r u n a

the effo rts by a new ly-formed women's

n ea r $50,000. accord i n g 1 0 L h e La nsi n g

statement on

center t o coord i n a te p rogram s concerning rape and a b o r t i o n, a nd i t

State Journ al.

t ha t a j udge had fou n d t h a t t he p o l ice d id n o t act i l lega l l y in t he s h oo t i ng; 3)

igno red

e ffo r t s

two of h i s de puJ ies fi led s u i t aga i n st t he

o rgan i ze

their

Was h i n g to n ,

o f gay

stude n t s

part ici pation

D . C. gay

in

10

t he

I n 1 97 7 t h e Lans i ng police c h ief a n d News,

i ts ed i t o r a nd

a l legi ng

m a rc h.

The pU b lica t i on of the Statesperson

t ha t

m is re po rted

t hey a

had

fa t a l

re port ers,

two

i n te n t I O n a l ly

shooting

of

a

com m i l l ee t o pr o vide fu n d i n g for a n

suspec t by police. The News had q u oted a n eyew i t n ess w h ose test imony

a l te r nat ive

conJl i c ted

convi nced

a

s tu d e n t ca m p u s

Statesperso n became

g o ve r n m e n t

The

paper.

The

Stoney brook

Pre.IJ. a n d IS n o w e d i te d by t he ed i t ors

who p u b l i s hed t he p rotest pu b l ica t i o n . Eric a ssociate occu rred

B rand, ed i t o r,

StoJleybrook

said

the

Press

se i zure

because he a nd o t her sta ff

me m bers wa nted the campus pa per t o

30

S P LC Report

Fi n a l l y

in

wilh

t he

October

p o lice of.

p roceedings bega n , but a

ve rsi o n.

last

year.

m i st ri a l

was

declared w h e n i t was d i sc o ve red t h a I o n e o f t h e j u rors worked for t h e b r o t her of one o f the o f lice rs. Accord i ng to t h e STate Journal. the part ies gOI

W i n t e r 1 9 79-80

t o ge t he r be fo re

t h e case

I

State News wou ld p a y a c a s h se t t lement

been s e t t led o u t o f court for a fig u re

cha rged that the Statesman had igno red

I

I

its fron t page repo rti ng

no pa rty t o t h e set t leme n t w o u ld d i scuss

it5 te r m s w i t h t he pU b l i c . S t eve B u rl i ngame. a ttorney for t he Ne"..' s. refused to com ment on the set t le me n t but d i d confi r m t ha t the

I

II 1

pa per ra n a front page story on t he shoot i n g w h i c h stated t h a t t he p o l ice had not acted i llega l ly . The State News

is read by M ic h igan S t a t e U n i versity s t u de n ts .

bu t

corporation.

The

is

an

i ndependen t

u n i ve rsity was nor

n a m ed in t he s u i t a nd will not pay the set t le ment . · -8. M . C

iI

1


Caucasian Perspecti ve ' I ncompetent' Racism " O u r liberal society, cream puff politicians a n d con­ cerned social movers have been kissing every minority's ass that they can fi n d . And folks, things are getting worse . Jews. Blacks. Cubans, Arabs. Puerto Ricans and the rest are j u m ping on the freeb ie bandwagon. White people stand up for your rights-the time is now . " So began a sa tiric col u m n in a HaUoween spoof issue " hun ­

of the Kean College Independent, which caused

dreds" of blacks to protest and d emand the resignation of the edi torial staff.

WA NT TO COMM I T S U I C I DE?

The issue also ca used irate students to seize and destroy most of the next regular issue o f the paper and led univer­ sity o fficials to threaten to seize the paper i f i t came out agai n before things "settled down. " P rotests soon reached the student council which tenta­ tively

passed extensive and

possibly

u nconstitu tional

guidelines for the pape r , according to Council President

I 1

I

" overly

zealous" council to pos tpone final enactment o f

the guidelines until a fter consulting a t torneys a s t o their constitu tiona Ii t y .

Brian Mallory wrote a

1 5 page opinion o f the guidelines

a s well . Both atto rneys made strong statements against certain sections of the guideli nes and censu red the col­ l e ge's

a d m i n i s t ra t i o n

fo r

p re ven t i n g

the

recei ving

the

o p i n i o n s.

t he

stu d e n t

parts , a nd passed t hem las t

No

Safe . Q u i c k Easy . N ea t '

h assles and it wo n ' t put a hole i n your poc ket (just one i n you r head ) .

pa per's council

amended t he guideline s . removing t he u nconstitutional

extensive legal opinio n letter o n t h e guide lines a t the re­ quest of Independen t Editor Rena l d o Stokes. Attorney

A fter

II

S P L C Attorney/Director Michael S i m pson wrote a n

dist ribution.

I

W e Ca n H e l p Yo u Do I t

Jim Coholan . Coholan was successful i n getting t he

Decem ber .

Stokes reported that t h i ngs "calmed dow n " a fter the i n itial furor and the paper began publishing last Novem­ ber. after a two week vo l u n t ary shut d own . There were

For m o re i n formation w r i te to:

"Suicide Made Simple" P.O. Bo" 1 47 Cleveland, Ohio 23367

no incidents i n the distribu t i on and the adm i n istration did not sei2.e the papers . -Dean of S tudents Tom I ppolito said that he w o uld h a ve seized t h e Independent if i t s d istri bution had caused t rouble.

I p poli t o also asked the

New Jersey a t torney

genera l's o ffice if he c o u ld fi re the Independen/ 's edi tor, accord i n g to Coholan.

Caucasia n Pict u re Of The Week Wh.l!

i<

I hi�

,I

piC!UI(> oil

Both at torneys , w h o were asked to give op i nions. said

the administration had a responsibility to protect the newspape r ' s right to publish, not a right to prevent pub­ lishing.

iI

1

Editor Stokes reported that the spoof issue was only

m e a n t as the humorous celebration of Halloween - " no

'II"M "�I u....op ,}UI''l l'< V�I �)04 341 Mill' I.).)S I;)YIOlq e' ;jl Ilyl I S I 3111 (�uV)

one cou l d , or shou ld. have taken it seriously. " - B . M . C.

Various selections/rom the Kean College 's I ncompetent.

Winter 1 979-80

S P LC Report

31


Reporters for Boll State University 's Daily News had rheir spirits doused, but not extinguished, when they attempted to photograph a fire on campus. Two Daily News reporters were told by city and university police that once the fire was out only the two commercial newspapers present would be allo wed inside the building. A s the result of protests filed with the city police chief and the Ball State presiden t 's office, police officers were subsequently ordered to give equal access ro all media representari ves.

FOIA: Kn ow What They Know The Freed om of I nforma tion Act ( FOIA), passed by Congress in

1966, is the chief avenue for " a ny per­

son" to obtain records and i n forma tion from the fed­ eral government. The FOJA was designed to allow public access into the executive branch of the federal government . The legislative and jud icial branc hes were exclu ded. Government agenci� are required to respond to FOI requests within ten working days . In u nusual cir­ cumstances, such as a docume n t backlog, the agency must inform the requester of a need for an extensio n .

If t h e agency denies a request it must tell the re­

quester why and recommend an avenue of appeal. Agencies must submit yearly reports to the speaker of the house and president o f the senate listing the number of reports den ied, and the results of any a p­ pealed requests. An FOr request letter should: ask for the specific informat ion d es i red; ask for a list of exemptions used if request is denied; inquir e abou t available appeal procedures; ask for a reply within ten working days; and should include name, a d dress, and date o f birt h . I n order t o balance the public' s right to know and the government's need for privacy, the

FOIA outli nes

wit hheld; commercial and corporations;

financial i n formation of

communications

within a nd between

agencies re flecting the decisi on- ma king, policy-making process; personnel and medical files which, if disclosed would constitute an invasion of individu al privacy ; law enforcement records; records of agencies that oversee fi nancial institutions (like the Federal Reserve Board d ocuments) ; and " geological and geophysical infor­ mation and data i ncluding maps concerning oil wells. W he n an agency withholds in formation, the re­ quester's next step is to fi le an administrative appeal wi thin the agency. After exhausting this appeal process the requester can take the agency to cou rt . and the agency must prove why the information must be withheld. The requesting procedures of indivi dual agencies are published in the Federal Register and the Code of Fed­ eral Regulations. To

obtain

a

comprehensive explanation

of

the

FO rA, inclu ding t h e text a n d a sample request letter, write or call the Government Printi ng Office for "The C itize n's Guide on How to Use the Freedom of I n for­ mation Act and the Privacy Act in Requesting Docu­ ments . "

formation solely related to i n ternal agency personnel

7 10 North Capitol St. , N. W . , Wash­ 202-783-323 8 . The cos t , without postage, is $3.00.

practices; information required by other laws to be

- S. P . P .

nine types of i n formation exempt from public access. These exe mptions cover: classified i n formati on; in­

32

SPLC Repo rt

Winter 1 9 79-80

T h e address i s

ington, D . C . 2000 1 . The number is


fl

Getting to Know You

S ome swdent pu b l ica tions may not want to know what their government is

that the pa per had to wait i t s IUrn for

dete<:tive revealed that a wo r k i n g rela­

the in forma ti on

ti ons h ip betw.een the u niversity and the

d oing, but others , from R h od e Isl and t o Texas, are getti ng scads of in forma

­

ti on through access legislation. And they still aren ' t getting all there is to get. This article presen ts some re<:ent

a ttempts

by students

to

in

get

the

k now .

..---i-.......o-

Finally,

.

over

two

years

a nd

one

court case later, the Spectator got the documents. Providence, Rhode Island W i t h Ihe help o f t h e Brown

c h a p ter

o f the A m erican Civil Liberties Union, B r ow n

U n i ve rs i ty

student

F B I existed . The relationship. accord­ ing to the d eposi tion included surveil .

­

ing students and correspo nden ce be­ tween the university. the FB I and the

local agencies. Glass, a t t he time, contributed to Common Ground, a po li ti cal campus

A n d rea

Ga ines received 3 3 7 pages o f d ocu­ ments from the FB I und er the Freedom o f I n formation Act last Marc h . The material came a year a n d a hal f a fter her initial req u est

.

p urpose was to obtain the

"Our

material so we could release it to the com mu n i ty , " sai d Gaines. " I t was also something o f a test case, to see i f we could do it.

"

The d ocuments she recei v ed dated

from J 9 3 6 and ranged fro m a let ter to Edgar

J.

New York, New York A l though they lost their su i t in A pri l

Columbia Univer­ sity Daily Spectator fi nal ly got what i t wan ted : d oc u ments con fi rmi ng covert

against the C I A , the

CIA actions on ca m pu s .

H oover

q u e s t i o n i ng

the

patriotism o f a B r o w n presiden t , t o FB I

fi el d agent reports

of Vietnam

War pr otests on ca mpus . Accord ing to an anicle in the Bro wn A lumni Mon thly which highlighted the docu ments, the

ma terial is incomplete .

The bulk of the material from the

M any names were deleted, and only

CIA arri ved last November , accord ing to Spectator Ed i to r David Rosenburg.

one document was released from the

The information concerns " i n filtration o f the S tudents for a Dem ocratic So­ ciety , " knew

bu t ,

said

a b out that. "

Rosen b u rg ,

The Spectator had pu b l is hed

" We

a series

of a rtic les a bout CIA mind control ex­

i n S e p te mb er 1 977 t he

perime n ts , and

period betw een April 1 969 and April 1 975 .

California ­

sa r i l y easy. Ask Murv Glass. The fo rmer s tude n t of the U n iversity

asked the CIA to respond wi th i n ten

FBI watched his campu s .

Act.

,

as req u i red by the

FOI

told the Spectalor that the req u es t had not been processed .

He received 1 65 d ocuments ,

bu t h e

a p peal

wi thin

the

agenc y . The C I A sen t a leHer sayi ng the request still had cessed.

eral agencies to get them . G l ass'

n ot been

pro­

The Spectator su ed the C I A , cit i ng a lack of " timely response , "

but D i s trict

Court Judge W illiam C . Connor ru led

find

out

[ n March o f 1 976 he made his ini tial

FO I requests to the FBI and the C I A .

Four months la ter G lass began receiv­ ing d ocum en ts

.

A let te r that came with

a package from the CIA expl a ined that deletions i n t he m a terial were based on two sp eci fic

FO IA ex empti ons . Glass

a ppealed to the C IA for the d ele t ed

i n teres t i n surveillance began

U n i vers ity of California at Santa Bar­

ba ra (UCSB). He sued a n u m ber of ad­

ministration officials for discrimina­ tio n , libel and c onspiracy d u ring h is cam paign for student body president i n

1 97 5 .

Du r i ng

from I he Department of De fens e The .

C I A . which sha res co rrespond ence w ith DOD, had forwarded Glass ' s re­ qu est to the A r my a nd

the Air

Force.

Glass got a bonus. Over a year la ter Glass recei ved his

package from the FBI . Accord ing to a Common Gr(Jund a rt icle. t he d ocu men ts co nfirmed t ha t t he FBI had first

indi rectl y w hen he was a student a t the

Four m onths later t he paper filed an ad m i n i s t ra t i v e

(0 k now h ow closely the CIA , I RS , and

played a t u g o f w a r w i t h vari ous fed­

M ore than a m o n th later the CIA

to

W hat he got instead were d ocu ments

Getting i n fo rmation under the Free­ dom of I nfo rmati on Act is not neces

o f Cal i forn i a a t Santa B a rbara wan ted

wor ki n g days

He decided

ma teri a l .

Santa Barbara,

paper filed a Freed om of I n formation

(FO r) request t o find out m ore . It

newspaper. more.

been wa tching the u n iversity. A ga i n he appealed

for d e le ted materia l .

The resu lts o f h i s appeals vary . The

CIA re leased 1 3 extra d oc u me n t s ; the

A rmy released one. The Air Force did not go beyond t h e i r i ni t ia l o ffe rings Court action is pe nd i n g with the FBI. .

Common Ground has over 1 00 FOI requests pending w ith various agencies,

the

c ou r t

p r oceedings

a

depositi on from a former UCSB police

accord ing t o Glass .

- S. P . P .

Winter 1 979-80

S PLC Report

33


A to Z

CASES Perhaps the m ost d a nge rous activity for any a ttorney i s to attempt to reduce a lengthy and complica ted cou rt d eci­ sion to a one or two sente nce s u m ma ry . I t i s simply n o t possible t o d o j u stice t o a j udge's a na l ys i s i n a short synopsis . At best t h e reader can lea rn what i ssue the c o u rt add resses and where to locate the court d ecision for fu rther researc h . W i t h t ha t d isclai mer w e offer t he fol l owi n g c o l lecti on of s u m m a ries of the lead i ng cases i nvolving t he First A m e n d m e n t r i g h ts o f s t u d e n t journalists. A n asteris k ( * ) preceding a case d e notes a d ecision i nv o lv i ng a s c h o o I-fu n d e d , s c h o o l - s p o n s o red s t u d e n t p u blica t i o n . uC", u H S" a n d "J r H S" ind icate a case i n v o l v i n g col lege, high school a nd j u nior h i g h school students respective ly. T h e school designation is fo l l owed by the state or fed era l j u d icia l circui t i n whic.h t he case is a b i n d i ng lega l prededent (i . e . , other cou rts within t he same geographical

area s h o u ld fo l low the ruling of t h� t court). U nd e r the federa l court syst e m a U . S. court of a p peals hears a ppea l s fro m the l o wer fed era l court s ( ca lled U . S . d istrict cou rts) from several d i ffere nt sta t es . A ruli ng by a U . S . court of a ppea l s is b i n d i ng on a l l courts wi t h i n i ts j udicial c i rc u i t . To dete rm i ne whether a particu­ lar cou rt decision is co ntroll i ng in y o u r state, s i m p l y refe r to t h e accom pa ny­ ing map. For exa m p le, a decision by the U . S . Court o f A ppea l s for t he Fourt h Circuit is binding in the states of M a ry­ l a nd , V i rginia , West V i rg i n ia , N orth Ca ro l i na a nd South Ca rolina. Th ough not lega l ly bind i ng on cou rts in other jurisdictions, such a d ecision wou l d l i kely b e persuasive i n other courls. The lega l c i ta t i o n (cite) fol lowing the case name specifies where the cou rt's fu l l opinion ca n be found in a law li bra ry. The first n u m be r refe rs to the v o l u me of a partic u l a r "repo rter" (col-

lect ion of court d ecisions); the second n u m be r refers to t he page n u m ber wi t h ­ i n t h a t volume. Decisions of t h e U . S . d istrict courts a re col lected i n the fed ­ eral s u p p lement (F. Supp .). Deci sions of the U . S . cou rt s of a ppeals a re col lected i n the fed e ra l reporter (F.2d). Fo r ex­ a m ple the case Antonelli v . Hammond, 308 F. S u p p . 1 329 ( D. Mass. 1 970) was d ecided by t he U . S . D i strict Court i n Massach usetts i n 1 970 a nd ca n be fou nd in vol u me 3 08 of t he fed eral s up p lement begi n n i ng at page 1 3 29. Some cases a re ma rked "u nreport­ ed." This means that the decisio n can not be fou nd i n a ny of t he p u b l is hed col lections of court decisions (federa l s u p p lement o r federa l reporter). Any­ o ne desiri ng copies of such decisions (or any reported decision) ca n obtain a copy by wri t i ng to t he S P LC. For m ore than one decision we req uest a sma l l contri but ion to cove r t h e cost of copy­ ing a nd mailing.

The Eleven Federal Judicial Circuits See 28 U.S.c.A.

§ 41

HO I ' H D A " O T A

courlesy West Publishing

34

SPLC Repo rt

W i nt e r 1 979-80

Co.

I


A *A ntonelli v . Hammond - 308 F . S u p p .

1 3 29 ( D . Mass. 1 9 70) C , M a ssac h uset t s . A d m i n i s t ra t i o n c a n n o t cut off f u n d s t o ' s c h o o l paper beca use i t d i sagrees wit h content of pa per and ca n n o t req u i re prior su b m i s s i o n to advisory boa rd to d ec i d e whether pa p e r c o m p lies w i t h "res p o n s i b le freed om of press" or i s "obsce n e . "

Baughman v . Freienmuth

- 4 7 8 F. 2d 1 345 (4th C i r . 1 9 73) H S , 4th C i rc u i t . S t rikes d ow n s c h o o l r u le pro h i b i t i n g

d i st r i b u t i o n

of

m a te ria l

which

was

3 80 F . S u p p . 1 3 48 ( M . D. N . C 1 9 74) alfd 5 26 F . 2d

l i be l o u s , obsce n e , ad vocated i llega l actions or was gross l y i n s u l t i n g to a n y group o r i n d i vid u a l . Re asons - terms

dent 's s u i t to cut off school fu nd i n g of news paper beca u s e he d i sagrees w i t h

were n o t s u fficie n t ly d e fi ned a n d s y s tem lacked proced u ra l safeg uards t h rough w h i c h s t u d e n t s could cha lle nge decis i o n to ce nsor. H o weve r, p r i o r re view is n o t per se u nconst i tu t i o nal.

* A rrington v . T a y l o r

-

587 (4th C i r . 1 97 5 ) em. denied. C, 4 t h Circuit. Court d i s m i sses i n d i v i d u a l s t u ­

t h e pa per's conte n t . A ugustus v. School Board o f Escambia County

*Bayer v. K inzler - 383 F. S u p p . 1 1 64 ( E. D. N . Y . ( 9 74), alrd withoul op inion

Court p ro h i bits students from wea ri ng "confederate battle nag" to sc h o o l be­

5 1 5 F . 2 d 504 ( 2 n d Cir. 1 97 5 ) H S , 2nd Circuit. U p h o l d s right of newspaper

- 36 1 F. S u p p . 383 ( N . D . Fl a . 1 9 7 3 ) H S , F l o r i d a . Desegrega t i o n case.

ca use o f evide nce they would cause racial u n rest (a s u b s ta n t i a l d i s r u p t i o n

s t a ff t o publish sex e d u c a t i o n s u p p le m e n t t o sc hool n e ws pape r.

wit h i n t he mea ni n g of Tinker).

*Bazaar v . Fortune

* A vins v . R utgers - 385 F . 2d 1 5 1 ( 3 rd Cir. 1 967 eerl . denied. 390 U . S . 920

( 1968»

C, 3 rd Circ u i t . Co u rt u p h o l d s

r i g h t of l a w review ed i t o r to refuse t o p u b l i s h a rt icle s u b m i tted for p u b lica­ tion .

B

-

right

of

student

l i te ra ry

maga zine staff to p u b li s h " fo u r-letter" words

a nd

two

"tasteless"

s tories

(d ea l i ng w i t h i n terracia l love a n d black p ri d e ) . B u t court a ll o ws school to s ta m p a d i scla i m er o n t h e maga z i ne t h at i t was n ot an "o fficial" p u b lica tio n of t h e u n ivers i t y .

ucation -

307

F. S u p p . 5 1 7 (C D . Ca l .

1 ,}6,}) H S , C a l i fo r n i a . U ph ol d s d i sci­

pline of students for use o f " p rofa n i t y a nd vu lga ri ty" in an off-ca m p u s newspa per. T h e o n l y reported case holding that the u se of " fo u r­ letter" words i n s t u d e n t newspa per ca n j u s t i fy d i sc i p l i n a r y ac t i on . T h i s ca se has been

i m p li c i t l y

Papish d ec i s i o n .

ove rt u r ned

by

t he

Burnside v . Byars

-

363 F . 2d 744 ( 5 t h

Cir. 1 9 66) H S , 5 t h C i rc u i t . Stri kes d o wn r u le p r o h i b i t i n g s t ud e n ts from weari ng b u tt o n s advoca t i n g "One Man, O ne V o te . "

c Carey v . Pi p h us

- 435 U . S . 247 ( 1 978) All States. S t u d ents s u s pe n d ed fro m school i n v iolation of d ue process rights

are e n ti t l ed only t o n o m i nal d a mages ($ 1 . 00 ) if unable to s h ow actual harm res u l ted from t h e s u s p e n s i o n . v. Texas Tech 3 1 7 F . S u p p . 688 ( N . D . Te x . 1 9 7 1 ) C, Tex a s . Court u p h o l d s right of s t u d e n ts to d i s t r i b u te C ha n n i n g

Univ ersity

Blackwell v. Issaquena County Board - 3 63 F.2d 749 ( 5 t h Cir. 1 9 66) H S , 5 t h Ci rcu i t . Court u p hold s d i sci p l i n e of students for d i sru ptively d i st r i b u t i ng " freed om bu ttons" In

of Education Baker v. D o wney City Board of Ed­

r e s t r i c t n o n -s t u d e n t gr o u p f r o m d i s t r i b u t i ng its pub l i ca t i o n o n ca m p us .

476 F . 2 d 5 70 (5th

Cir. 1 9 7 3 ) affd en bane as modified 489 F . 2d 2 2 5 (5th Cir. 1 9 7 3 ) C, 5t h Ci rcu i t . U ph o l d s

Brubaker v. Moelchart - 405 F . S u p p . (W.D.N.C 1 97 5 ) C, North 837 Ca ro li n a . U ni v e rs i t y o ffic ials ma y n o t

school. Bri ght v. Los Angeles School District 1 34 Cal. R p tr. 639, 556 P. 2d

C lub -

newspaper on ca m p u s . It wa s h e l d n o t to be d i sru ptive beca use school offic ials could n o t a rt i c u la te facts upon which to base a foreca st of d i s r u p t i o n . The newspa pers conta i ned profa n i t y . Cintron v . State Board o f Education

3 84 F . S u p p . 674 ( D . P . R . 1 974) J r H S ,

1 08 1 ( 1 9 76) H S , Cal i fornia. Cou rt strikes down sc hool r u l e req u i r i n g students to s u b m i t "undergro u n d "

P uerto R i co. Strikes down r ule proscr i b i ng c i rc u l at i o n of m a te ria ls

newspapers t o school offic i a l s a p p roval p r i o r to d i stri b u t i o n .

"a lie n to sch o o l pu rposes . " Vague a n d overbroad .

for

W i n t e r 1979-80

SPLC Report

35


F * F rasca v. A n d rews 463 F . S u p p . 1 043 ( E . D. N . Y. 1 9 78) H S , New York . U ph o l d s pri ncipal's seizure of school pape r based on two letters to the editor; the fi rst from several lacrosse team membe rs who p hysica l l y t h reatened t he spo rts ed itor. J udge accepted school officials' testimony that the letter wou ld ca u se a figh t . The second acc used student government office r of using school comp uter to c h a nge h i s grade a nd other acts of ma lfeasance. J u d ge h e ld letter wo u l d wrongfu l l y h a ve d a maged the officer. S u ppression u pheld upon a forecast o f "su bsta ntial d i sru pti on." ( Ed . comment - the case is wrong.) -

D * Dickey v.

A labama State Board of

273 F. S u p p . 6 1 3 ( M . D. A la . 1 967) dismissed as moo I sub. nom. Troy State U n iversity v. D i c key,402 F. 2d 5 1 5 (5th Ci r . 1 968). C. A l a ba ma . Reverses suspension of student editor for p u bl i s h i ng word "censored" in p lace of edi tori a l critica l of state legisla t ure a nd governor which had been censo red by adviser. Education

-

E Eisner v. Stamford Board of Education

440 F.2d 803 ( 2 nd Ci r . 1 97 1 ) H S, 2nd Circuit. H o ld s that rule ba n n i ng m a teria l which " w i l l interfere with t h e p roper a nd o rd erly opera tion a nd d i sc i p l i ne of t he school, wi l l cause violence or d isorder or w i l l consti tute a n i nvasion of rights of others" i s not vague o r overbroad . But stri kes d own prior review p roced u re because it fa ils to set time l i m i t fo r review a n d fa i l s to s pecify to whom a nd how m a te ri a l is to be s u b m i tted for c learance.

Fujishima v . Board of Education

460 F. 2d 1 3 55 ( 7t h Cir. 1 97 2) H S, 7t h C i rc u i t. A sc hool r u le req u i ri ng prior re view and a pproval of no nsc hool­ sponsored litera t u re before d istribution i n schoo l is unconstitutional as a prior rest rai nt i n viola tion of t he Fi rst A mend ment. FCC v. Pacifica Found ation

-

438 U . S. 7 2 6 ( 1 978) A l l states. FCC m a y l a wfully restrict the repea ted broadcast of "seven d i rty words" to t he t i me of d a y when c h i l d re n a re l i ke l y not t o be in t he a ud ience. Dicta suggests t h a t t h e occasi o n a l u s e of s u c h word s would be permissible.

Erznoznik v. City of Jackson ville

422 U . S . 205 ( 1 975) All Sta tes. D icta suggests that n u d ity iďż˝ not per se obscene as to m i nors. ( I t m ust be "se x ua l ly-ex p l icit nud i ty.")

36

SPLC Repo rt

-

G * G ambino v. F airfa x County School

4 29 F. S upp. 7 3 1 ( E. D . Va . 1 977), afj'd 564 F . 2d 1 57 (4th Cir. 1 977) H S , 4th C i rcuit. S c h ool o fficia ls ca n n ot prohibit staff of school newspaper from p u blishi ng infor mation a bout birth control despite ( valid ) schoo l rule prohibiting tea c h i ng contrace ption i n sex education classes. A school-fu n d ed newspa pe r is not a part of the sch oo l c u r r i c u l u m . C o u r t a l s o r ej e c t s defenda nts' a rg u me n t t ha t h i g h school

W i nte r 1 979-80

-

v. R osenau 455 F. 2d 233 (6th C i r . 1 972) H S, 6t h Circ u i t. I t is i m proper for d istrict c o u rt to refuse to hear a case i n w h i c h students sue school p r i ncipal c l a i m i ng he d e nied t he m a n o pportunity t o e x p ress ' a nd prom ote p a rtisa n point of view w i t h i n the school. S u c h a c o m p l a i n t p re s e n t s a "su bstantia l fed eral q uestion." G a rv i n

-

Ginsberg v. New York 390 U . S . 629 ( 1 96 8 ) A l l s t a te s . S ta t e m ay constituti o n a l l y create a lesser stand a rd of obscenity for m i nors. ( H owever, a su bsequent S upreme Cou rt decis ion, M i ller v. C a l iforn i a , i nd icates that "obscen i ty" m ust still be pornog ra phy, i.e., a gra p h ic d epiction of a sex act . ) -

H

-

-

Board

stu d e n ts a re a " ca pt i ve aud ience." Students' attorneys (who preva i l ) a re e nti tled to attorneys' fees under Sec. 1 988.

* H an n i a hs v. Endry ( U n reported , N o. 74- 1 1 96 6th Cir. 1 974) H S , 6t h Circuit. Court reverses principa l's decision prohi biting d i strib ution of school paper o n ground a n ed itori a l e ntitled " W h ere A re You M r. H . S . A t h lete" wou l d be d is r u pt i ve . -

H a tter v. Los A n geles School District 452 F. 2d 673 (9th C i r . 1 97 1 ) H S, 9 t h Circ u i t . S t ud e nts h a ve r i g h t to h a nd out leaflets and wea r buttons u rgi ng fe llow students t o boycott school's a n n u a l c h ocolate d ri ve ( to ra ise money for va rious st udent groups) so long as it d oes not d is r u pt the sc h oo l . Hern a nd e z v.

Hanson 430 F . S u p p . 1 1 54 ( D . Ne b . 1 977) H S , Nebraska . Court strikes d own school r u le req ui ring prior review of non-school l i tera t u re a nd p ro h i biting entire l y t he d i s t r i b u t i o n of m a t e r i a l t h a t I S "commerci a l i n nature . " Ba n on rel igi ous materia l u p held . -


K * K o ppeU v. Levine 347 F . S u p p . 456 ( E . D . N . Y. 1 97 2 ) HS, New Y o r k . Reve rses s u press i o n of s c h o o l l i t era ry maga zine o n t h e ground t h a t i t wa s "o bscene," des p i t e p r esence of -

"fou r-lette r" w o rd s a nd d e p iction o f a cou p le fa l l i n g i n to bed . Court sa i d magazine c o n t a i ned no exte nded na rrative tend i n g to excite sex ua l d e s i re s or p red o m i n a n t l y a p pe a l i n g to a p r u ri e n t i n te rest a nd could not be

J Jacobs

v.

Board

C o m m issioners

( 7 t h Cir. 1 9 73),

-

of

490

Sch ool

F . 2d

60 1

* K o rn v. E lkins 3 1 7 F.SuPP. 1 38 ( O . M d . 1 970). C, M a ry l a n d . Ad m i n is t ra tors ca n n ot ce nsor fro m t h e s t u d e n t l i terary magazi ne a p h oto of a b u rn i n g A me ri c a n flag. -

dismissed as moot 420

sold ,

written

L

by

n on s t u d e n t s o r " l i k e l y t o p rod uce a s i g n i ficant d i sr u p t i o n [of t h e school]." A l so reverses ba n on u n d e rground p a p e r on g r o u n d i t c o n t a i n e d " fou r-letter"

w o rd s.

The

S u p reme

Court vacated the j u d g m e n t of t h e Co u rt of A p p ea ls hold i n g t h e case t o be m oot beca u s e a l l t he n a med p l a i n t i ffs i n t h e s u i t h a d a l rea d y grad uated a n d t h e

* Lee v. Board of Regents

-

306 F. S u p p .

1 09 7 ( W . O W i s . 1 969) a[(d 44 1 F . 2d 1 2 57 ( 7 t h C i r . 1 9 7 1 ) C, 7 t h C i rc u i t . U n i versity

mu st

pe r m i t

prospect ive

ad vertise r to buy space in s c h o o l paper for

ed i t o r i a l

ads

conce rn i n g

race

re l a t i o n s , t h e V i et n a m wa r a nd a un i versity e m p l oyees u n i o n . " P l a i n t i ffs right to e x p ress t h e i r views on vita l

c a s e had not been properly certified as a c lass ac tion .

i ss ue s of t h e d a y s h o uld n o t be re str icted un less a 'c lear a nd p resent d a n ge r' to

Jones v . State Board 407 F.2d 8 34 ( 6 t h C i r . 1 9 69) eer!. dismissed 397 U . S .

society is a ppa re n t . "

-

3 1 ( 1 970). C, 6th Circu i t . U p h o l d s d i sc i p l i ne of student for d i s t r i b u t i n g

leaflets ca l l i ng for boycot t o f classes a n d for d i s r u p ting meeti ngs o n ca m p u s . *Joyner v. Whit ing - 477 F . 2d 4 5 6 ( 4 t h C i r . 1 9 7 3 ) C, 4 t h C i rcu i t . A d m i n i s t ra t o r c a n n o t w i t h d r a w fi na ncial s u p po rt o f u n i versity from sch o o l pa per because i t e d i t o ri a l i ze s in

fa vor of racial segrega tio n . There was no evide nce t ha t t he e x p resSIOn " d i s r u pted" t h e sch o o l .

( U n re ported ,

D a vis

M . D . N . C . N o . C-78-264-G . J a n . 1 9, 1 9 79). H S , N o rth Caro l i n a . Court e njo i n s school o f fi c i a l s f r o m pro h i bi t i n g pu b l i cat i o n o f a rt i c l e a bout b i rt h c o n t ro l . Attorn eys' fees a l so awarded .

ba n n ed .

U . S . 1 2 8 ( 1 9 75) . H S , 7th C i rc u i t . S t r i kes d o wn a n u m be r o f school ru les ba n n i n g d i s tri bution of material w h i ch IS anon ymous,

v.

* L oman

Leibner v . Sha rbaugh 429 F. S u p p . 744 ( E. D . V a. 1 977) H S , V i rg i n i a . Cour t -

u p h o l d s right of student to d i st r i bu t e "racist" s t u d e n t pa per because school officials u n a ble to s h o w d i stri b u t i o n would d i srupt school. Also st rikes d o w n p r i o r review ru le on proced ural a n d s u bs t a n t i ve gr o u n d s . ( R e q u i red s t u d e n t p u b l i c a t i o n s t o c o n fo r m t o t h e

M *Mississippi Gay A l l i ance v. Gou delock

536 F.2d 1 073 (5t h C i r . 1 976) C, 5th Ci rcu i t . Student news p a per editor may d e c l i n e t o p u b l i s h paid ad ve rtisement s u b m i tted by off-ca m p us homose x u a l -

g r o u p ( n o s t a t e act i o n ) . A n extens ive d iscussion of t he for u m t he o ry i n t he d i sse n t i n g

opinion

p o inted ly

d e m onst rates why t h e maj o ri t y o p i n i o n i s i n t e l lect u a l l y d i s h o nest, j u d i c ia l ly u n s o u n d and j u st p l a i n w rong. N itzberg ( 4 t h C i r.

v. Parks - 525 F . 2d 3 7 8 1 97 5 ) H S , 4 t h Ci rcu i t . P r i o r

review o f n o n s c ll o o l - s p o n s o r e d p u b l i c a t i o n s b y ad m i n i st ra t o rs is not per se unco n s t i t u t i o n a l , but cou rt str i k es d o w n t h i s set of sc h o o l ru les because type of material p r o h i bi ted ( l i be l , o b s c e n i t y a n d s u b s t a n t i a l n ot c l ea rl y and d is ru p t i o n ) was specifica l l y defi n e d . A l so a p pea ls p rocess of t he decision to censor was inadequate. Norton v . Discipline Committee - 4 1 9 F . 2d 1 9 5 ( 6 t h C i r. 1 969) een denied,

399

U.S.

906 ( 1 970) C , 6t h C i rc u i t .

"j o u r n a l i s t i c stand a r d s o f accu racy. taste, and d e ce n cy m a i n ta i ned by t he

C o u rt u p h o l d s s u s p e n s i o n of s t u d ents for d i stri b u t i n g l i te ra t u re w h i ch u rged s t u d e n t s to engage i n d i s o rd erly a n d

newspapers of ge nera l c i rcu l a t i o n A r l i ng t o n ( Va . ) .

seizure of b u i ld i ngs.

in

d es t ruct i ve

a ct i v i t i e s .

W i n t e r 1 979-80

i n c lud i n g

SPLC Report

t he

37


Cases

Q p v . B i re n b a u m .1 2 7 N . Y . S . 2 d 7 5 5 ( 1 97 1 ) C , N ew Y o r k . C o u rt u p ho l d s r i g h t o f s t u d e n t s t o p u b l ish " a sca t h i ng a t t a c k o n t h e Cat ho l i c C h u rc h . " "' P a n a r e l l a

Papish

-

( 1 973) C. A l l states. Col lege st udent may not be e x p e l l ed for d is t r i b u t i n g u n d e rgro u n d p a p e r c o n t a i n i n g fou r-letter words a n d a ca rt o o n of t he God dess of J ust ice a n d S t Cl t ue of L i berty bei n g ra ped by p o liceme n . The material WCl S n e i t her const i t u t i o n a l l y o bs cene n o r d i s ru p t i ve . 'The mere d issem i na t i o n of i d ea s - no m a tter how offe nsive to good t aste - on a state u n i vers i t y cam pus may not be shut o ff in t h e n a me a l o n e of 'conven t i o n s of dece ncy.' " Peterson v. B o ard of Education

3 70 F. Su p p . 1 20 8 ( D . N e h I 97 3 ) H S , N e b ra s k a . S t u d e n t s ( a n d s o m e n on -st u d e n ts) have t he right to d i st ri bute ( a nd s o l icit c o n t r i b u t i o n s for) a n o n-st u d e n t newspape r even t h ough i t con t a i ns c o m m ercial advert i sem e n t s . There w a s n o s h o w i n g of a d isrupt i o n . v.

Holtville

U nified

-

School

D is t . - 4 1 1 F . S u p p . 842 ( S . D . C a L 1 976)

H S , Ca l i fo r n i a . S t r i k es d own school's prior rev iew rules on proced u ra l and s u b s t a n t ive grounds. A p pea l s p rocess i s insu fficient and terms used a re v a gue and overhroad (e.g. " i n c i te students t o d ist rupt t he orderly opera t i o n of t he sc h o o l " ) . Poxon v. Board of Education

34 1 F.Supp. 256 ( E. D.CaI. 1 97 1 ) H S , Ca l i fo r n i a . School ru le req u i r i n g p r i o r su b m ission o f nonschool-spo nsored p u b lica t i o n fo r a p proval by s c h o o l offi c i a ls is a n u ncon s t i t u t i o n a l prior rest rai n t .

38

R

v . Board of Curators o f t h e

U niversity o f M issouri - 4 1 0 U . S. 667

Pliscou

Qua rterm a n v. Byrd - 4 5 3 F. 2d 54 ( 4t h C i f. 1 97 1 ) H S, 4 t h C i rcu i t . R u le p ro h i bi t i n g d is t r i b u t i o n of materia l i n sc hoo l w i t h o u t e x p ress per m i ss i o n o f school p r i n c i pa l is a n u nc o ns t i t u t i o n a l p r i o r restra i n t . T h e r u le lacks c r i te ria i n j Udging ma teria l a n d a n "ex ped i t i ous review proced ure."

S P LC Repo rt

-

R iseman v. School Co m m i t tee of City o f Quincy - 43 9 F. 2d 1 48 ( l st C i L I 97 1 )

H S , 1 st Circu it. S t u d e n t s have right [ 0 d i st r i bute a n t i-war leaflet a nd "A H i gh School B i l l o f R ig h t s . " R u le p ro h i h i t i n g i n-school adve rt is i n g or p ro m o t i o n a l effo rts i s vague a n d o v e r b road .

s

Scoville

v . Schuker 298 F . S u p p . 23X ( E . D . N . Y. 1 969) H S , New Y o r k . C o u rt u p ho l d s d i scip l i ne o f stude n t for "flagra n t and defia n t d i s o bed i ence o f t he school a u t h o ri t ies." H e brought u ndergrou nd pa per o n sc hoo l g r o u n d s a fter he w a s t o l d n o t to a n d Cl ppeared o n cam pus a fter he w a s suspended a n d t o ld t o s t a y a w a y from sch o o L

Schwartz

Winter 1 979-80

-

B o ard o f Education,

-

425

en bane H S , 7th

C i rcu i t . Co u rt reve rses d isci p l i n e of students fo r se l l i n g u nd e rgro u nd paper t h at u rged s t u d e n ts to refuse t o accept o r to dest roy any "propoga n d a" issued hy t he s c h o o l , t ha t c l a i m ed t he dea n h ad a "sick m i n d ," and t hat contai ned t he statement, "Ora l sex may p revent t o o t h decay." T h e r e w a s n o evidence t ha t t h e paper was d is r u p t i v e . Shanley

v. W i l l i a ms - 5 1 9 F . 2d 2 5 7 ( 5t hC i r . 1 975) C , 5t h C i rc u i t . C o u rt o rders t h ree e d i t o rs re instated a ft e r they were fired by u n i ve rs i t y preside n t hecause poor gra m m ar, s p e l l i n g and "la n guage e x p ress i o n " in t he pape r was a "d iscredit a nd em barrassment" t o t he school a n d because t he p a per's ed i to ri a l p o l i c y "em p hasi zed v i l l i fi ca t i o n a n d ru m or-mo nge ri ng, i nstead o f accurately re porti n g items l i k e l y t o be of i n terest t o t h e u n i ve r s i t y com m u n it y . " Court said that type of student ex p ress i o n was not l i k e l y to cause a �si g n i fica nt d is r u pt i o n " of t he s c h o o L A l so u p h old s award o f c o m pe nsat o ry d a m a ges a n d b a c k pay. "'Schiff

v.

F . 2 d 1 0 ( 7 t h C i f. 1 970)

v.

N ort heast

I ndependent

462 F . 2d 960 ( 5 t h C i r . 1 972) H S , 5 t h C i rc u i t . C o u rt reverses d iscipl i n e of students fo r d istri bu t i ng u n d e rg ro u nd paper nea r b u t o u t s i d e sc h o o l pre m i ses. Paper advocated re for m of ma rij u a na laws and c o n t a i ned b i rt h c o n t r o l i n fo r m Cl t i o n . N o e v i d e n c e o f a d i s rupti o n . Court a l s o strikes d o w n school's pri o r review guidel i n es beca u se t h e y a re vague a n d over broad . Sc hool

District

S m i t h v. D a i l y M a i l Pu blishing Co. - 99

S. C t . 2667 ( 1 979) A l l States. A state ca n not p u n i s h a newspaper for p r i n t i n g t h e n a me of a m i n o r cha rged w i t h a crime. Spea k e v. G r a n t h a m

3 1 7 F . S u p p . 1 25 3 ( S . D . M iss. 1 970) a{fd without opinion 440 F. 2d 1 3 5 1 ( 5 t h C i f . 1 97 1 ) C, 5 t h C i rc u i t . C o u rt u ph o l d s d is c i p l i n e of s t u d e n t for possession of leaflets fa lse ly a n n o u n c i n g that c lasses would not mee t . Sc hool o ffic i a ls had sufficient eviden ce upon w h ic h t o p redict a su bst a n t ial d i sru p t i o n of t h e school. -


Cases ;;g

T *Thomas v. C ra n v i l l e School District

-

No. 79-7382 ( 2 nd Cir. Octo ber 1 5, 1 9 79) H S, 2nd Circu it. Court reverses d i sci p l i ne of students for d i s t r i b u t i n g u nderground paper off s c h o o l grounds. The paper had offe nded school officials because of a rt icles o n mast u r bation and p rost i t u t i o n . N o d isrupt i o n of t he school resu l ted as a res u l t of t he paper's d istri but i o n . *Thonen

v. Jenkins 49 1 F. 2d 722 (4th Cir. 1 973), 5 1 7 F.2d 3 (4th Cir. 1 975) C, 4th Circuit. Court reverses d isci p l i ne of schoo l newspaper e d i t o r a n d aut hor of letter to t he ed itor p u blished i n paper w hich "ended with a 'four-letter' v u l ga ri ty referri ng to t he p resident of t he u n iversity." Second o p i n i o n u p h o ld s awa rd o f d a mages and a t t o r neys' fees. Sullivan Schoo l

v.

H o uston

District

Independent

307 F . S u p p . 1 3 28 ( S . D . Tex . 1 969) H S , Tex a s . C o u rt h o l d s t hat st udent m a y not be p u n is hed for hand i ng out nonschool-sponsored news paper o ff sc h o o l grounds. Su l l i v a n

v.

-

H o uston

Indep.

School

District - 475 F. 2d 1 07 1 ( 5 t h C i r. 1 97 3 )

cerl. denied, 4 1 4 U . S . 1 03 2 ( 1 97 3 ) H S ,

Ti nker

v.

-

Des

M oines

Independent

503 ( 1 969) H S, A l l st ates. The landmark d ecis ion i hat students w h o a ttend p u b l i c s c h o o l s e nj o y t h e F i r s t A mendme n t right to e x p ress t he mselves on school gro u n d s so l o ng as t hey d o n o t cause a su bst a n t i a l dis r u p t i o n of t he school. Trachtm an v. Anker 563 F . 2d 5 1 2 ( 2nd Cir. 1 97 7 ) H S , 2nd C i rc u i t . Court u p ho l d s p ro h i bition o n d is t r i bu t i o n of i n t i mate "'sex q uest i o n n a i re" o n t he ground it would d is r u p t t he schoo l . C o u r t based i t s h o l d i n g o n t he a ffidavits o f fo u r psych o l ogists and psychiatrists that the survey could cause "signifi cant e m o t i o n a l ha rm" to some students.

*Summe v. Warsaw Com m u nity H i g h

Truj i l l o v . Love 322 F . S u p p . 1 266 ( D. C o l o . 1 97 1 ) C, Colorad o . Court reinsta tes news paper e d i t o r w h o was fired because she sought to p u b l i s h ca rtoon critica l of t he c o l l ege president and ed itorial critical o f l oca l j u d ge. Req u ire ment of su b m it t i n g "co n t ro­ versial" material to adviser a bridged e d it o r'S right of free e x p ressi o n .

( u n re po rted , N . D. I nd . N o . S 79-48 Sept . 2 1 , 1 979) H S , I nd ia n a . Court rej ects stud ents' c h a l lenge t o sc h o o l o ffi cia l's decisi o n to re place student newspaper w i t h page i n l oca l paper on ground t he students fa i led to p u r s u e a v a i l a b l e a d m i n ist r a t i ve re med ies prior to fi l i n g su it.

Vail

v. Board of Edu cation 3 54 F. S u pp. 592 ( D. N . H . 1 97 3 ) H S , New H am ps h i re . Cou rt stri kes d ow n r u le p r oh i b i t i ng d is t r i b u t i o n of n on­ school sponsored written materials. C o u rt reverses suspension of students for dist r i b u t i ng pub lication containing "four-letter" word s. I t was neither o bscene nor d isru pt ive. -

Veed v . Sc hwartz kopf - 353 F . S u pp. 1 49

( D . Neb. 1 97 3 ), affd 478 F.2d 1 407

( 8 t h Cir. 1 97 3 ) C, Nebraska. Cou rt rejects i nd i v i d u a l stude nts' suit t o c u t off school fu n d i ng of newspaper because he d isagrees w i t h the content of t he pa p e r .

Vought v. Van Bu ren Public Schools

306 F . S u p p . 1 3 88 ( E . D. M ic h . 1 969) H S . M ichiga n . C o u rt reverses stud e nt's s u s p e n s i o n fo r p o s s e s s i o n o f p u b l i cation contai n i ng '"fo u r-letter" words.

Community School District - 393 U . S .

5th Circ u i t . C o u rt u p h o l d s d isci p l i ne o f ' student for sel l i n g u ndergro u nd paper w i t h o u t c o m p l y i n g with p r i o r su bmis­ sion r u l e and fo r ret u r n i n g to campus d u ring period of his suspe ns i o n . S tu d e n t fai led to cha l lenge s c h o o l ru l e b y " l awfu l" means. ( Co u rt says o n e seeking i nju nctive rel ief m ust c o m e i nto court with "clean hand s.") School

v

-

w Williams

v. Spencer ( u n re ported , D. Md. 1 97 8 N o . M -78-765) Case p rese nt ly pend i n g i n 4t h Circ u i t Court of A ppea l s H S, Maryla nd . Court u p ho l d s seizure and b a n n i ng of n o n sc h o o l -s p o n so red p u b l i c a t i o n o n ground that i t contai ned a n advertisment for a " head s hop" w he re d ru g para phernalia can be pu rchased . -

z

-

*Zucker v. Panitz - 299 F. S u p p . 1 02 ( S . D . N . Y . 1 969) H S . New Y o r k . Co u rt reverses principa l's order t hat s c h o o l pape r not p u bl i s h a d ve rt ise m e nt I n opposition t o t h e Viet n a m war. -M . D. S . •

W i nte r 1 979-80

S P LC Report

39


Thousands Mourn Executions Whether i t ' s a n angry letter o r a full budge t cu t , most good student news­ papers-sooner

or

la ter-enco u n ter

some criticism from their administra­ tion, their student government or their student body . Funding cuts are the most common and most severe forms o f retaliation for a con troversial or somehow-offen­ sive article. Some papers d on ' t survive the blow and for various rea sons stop pu blish ­ ing.

The following "shorts" d iscuss the recent dem ise of some student publica­ tions. Some were

j ust

ill and recuper­

ated fu lly. For those t hat have not been resurrected , S P LC extends its sympa­ thies to the ir su rviving schools. Media, Pennsylvania In Greek mytho logy Pegasus d ied . Delaware

In

Community

College,

Pegasus faltered a bit but was restored to health . When

Pegasus, the schoo l ' s literary

magazine, ran a shon story on homo­ sexual rape last February, it was con­ fiscated shortly after hitting the streets.

The 80.,u Adnl j n l lU.

.pp .,.,

redistribu tion if the staff agreed to put

In

lhe

1M' , .nlel.

It,e

Ciri l l o led a successfu l drive to cu t

0'

But Cirillo did n ' t k n ow it was highly

d

rhe

.,.,.n.r.

' t\

mh41r, o t

rh.

that

no

;ol utj on

to .".' VOn.n in

804rl'1

01

touc.h

T , u, l i\ O, n_.,

ided. 10 dlnrlbvi. me meQ_:'"

"" F '

re i n s ta te

g ,.,'1 " . DM n

nuden,

Iot,ndl"O

ut.'if.crolv

rec;:0SJl'1I r'n o Itt.,

rated. When he found out, he-again

11, "'11(1 I.ga�,ng

.. g_l',ne U ft ."" cOr • • 1" 1 3-\.IltV Uno

Ihl!l

M n ...

rn

wUI De

funding for the highly-rated magazine.

to

om ot th

e xP Tft Md b ....

" filthy"

story, Student Interest Chair Joseph

s ucces s f u l l y- m o v e d

18,.",0

L II<.w,_. cOn l.((J.' bill: cOn

''1 fo.- ft-�

alleged

Cut • .,.

como'.lna have b40en '

magazi ne. the

1 4-<1 .

If�G c a n C r o ... .'

Coll-oe l i l . f .'-- V m,evaline PeQa.IUfi

warning stickers on each copy of the of

T r lUl. wQ-'I. ... n d

ag"'ll'lI

tlat " ture o t 1h41 . " , Iel. " "Jeff. t y " wt'l (c:'"

The administration would o n ly allow

Because

o(

I'

10"

whIle

C." l.'n m.,.t . ;ttereln

b. Obj.ehO" •.D tc 1'0 tem. ' •.-ddr,

funds. Pegasus lives, at least at Delaware

Community Co llege. Cambridge Springs, Pennsylvania As a protest for better working con­ ditions and priority a t the pri n t shop, the s ta ff of A l l iance College's

Uwaga

prin ted an issue in October con tai n i ng only the word " terminated . " The rest of the paper was b lank. W hen D i rector of Stu d ent L i fe Don­ ald Bentley saw the issue, he imme­ d i atel y book s ,

seized the paper ' s business prin ti ng equi pment, mailing

sta m p , a n d bank accounts.

40

S P LC Report

H e also

changed the locks on the fice door.

Uwago' s of­

Because o f Bentley's actio n , Alliance College lost its studen t newspa per. News Editor Joseph Mirando said

Winter 1 97 9-80

Bentley

misinterpreted

the

Uwaga's

protest . " I t was a problem o f semantics . " said Mirando. " W e used ' terminated' i ns t e a d

of

poned . ' . ,

s o me t h i n g

like

' p ost­


-

-

Mirando said he

will try to establish

an i n d e pendent paper this summer. The college ' s dean said he would like to see the paper start pu blishing agai n .

Warsaw, Indiana The Kontoc, Warsaw

Com mu ni ty High School ' s student paper, has final­ ly been revived after being in a year­ long comatose state. (See re lated story,

page 7 . ) The paper, now being pub­

lished u nder a new na me ( Tiger Tales)

Oh.vf'/"l'llliOll POSE. a fte r the editors p ri n t ed I h re l! s e x u a l l y e x p l i c i t p h o l ographs. Porn ogra phy p u b l is her R a l p h G i nz b u rg o ffered t he s t a ff $2 ,400 to p r i n l six is s ues . s l ip u la t i n g t h a t the pa per be d i s t r i b ut ed " e xactly as before ." H owever. an a d m i n istra t o r seized t he cop ies p r i o r to d i stribu t i on . a n d eve n though � h e retuned t h e m , G inzbu rg re m o ved h i s fu nd i ng . E d i t o r Coroneos

ca lled I h e pa per's fu l tl re " u ncerta i n ."

and a new adviser, was shut down by

the pri n cipa l last year. The condition

Philadelpbia, PenusylvlInia G eorge Wash i n g ton High School's

o f the paper is u n k nown but Warsaw ' s

To wn Crier has not been published

com plaints. (See SPLC Report, Spring

since Octob.:r 1 977 although a court­ approved agreement signed in Apri l

1 979 .)

1 979 requires that it

princi pa l said t h e sta ff has made no

New Y ork,

N ew

Y o rk ..- Stud e n ts at

City U n i versity o f New Y o rk voted i n

referend u m t o rem o v e fu nd i n g fro m the

" Frankly, [teachers] do not want the annoyance of another problem such 8S we had here before."

be published. The agreement stemmed from a 1 977

federal lawsuit by three To wn Crier edi tors w h o c h arged P h i lad e l p h i a

school

o fficials

w ith

vi o la ting

their

First Amendment rights. The Town Crier published an article

o n birth c o n trol , and Principal Carol Wacker seized all 5 ,000 copies of the

paper and suspended p ubli cat i o n . (See SPLC Report, Fall, 1 97 9 . ) Nine m onths after the four-day trial, District Court

U.S.

J udge

J ohn B .

Hannum ru led t hat school officials had com mitted a " t echnical constitutional violat io n . " I nstead of handing down a

formal d ecision , Hannum ordered the

parties to negotiate a settlement.

Part of tha t sett le me n t required that

an adviser be appointed and that the

Town Crier resum e publication wi thin ten days of the

se t t le me nt . Also, within

five days of the adviser app o in t m ent , the ed itor was to be appointed .

Neither an adviser nor an edi tor has been more

appoin ted s i n ce the settlement than 1 1 mont hs ago .

" I t looks dou btful w hether w e ' l l get anyone to fiII the positi on , " s a id Pri n­ cipal Wacker . Wacker said teachers would rather teach subjects wi th ou t the threat of "bou ndary testers " d raggi ng them i nt o

court.

" Fran kly,

(teachers]

do

not

want the annoyance of another prob­ lem suc h as we had here before , " she sai d . T h e vice-principal is wi lling t o spon­

sor the paper, but teacher un io n rules

pro h i bi t app o i nting administrators to paid e x t racurricular sponsors h i ps.

said Wacker.

Sch ool

Eugene

dis t r i c t G e neral Cou nsel Brazil. w h o i n terprets u n ion

con tracts. said, if no fac u l t y m em ber wi ll t ake t he pos i t i o n . an

('On ta ke i t . " I f there i s a p ro blem, t h e n the people . mvo lved need on ly send me a memo. and I will s u p p l y a lega l opi nion.� Brazil

a d m i nistra t o r

e v RICH

SPARKS

said. Brazil is aware that Wacker has not fulfilled her part o f the agreement, but

Winter 1 9 79-80

S PLC Report

41


MARYLAND

Adviser Fights t o Revive Pa per, I s Ign ored Some English teac hers you'd have t o hog-tie a n d b ri be be fore t h ey'd agree to a d v ise a high school

Vincent G u gliuzza

ne ws pap er ,

but

i s fi ghti n g h i s a d m i n ist rators t o be

re appointed ad viser. But the posi t io n is st i l l vaca n t . Last year, cri m i nal charges were b r ou ght ( a n d la t er dropped) a gain st G ugliuzza. a n English teac her at M e rvo H ig h Scho ol in Maryla n d , and one of his stud ents, Alan Day.

Day was arrested for p hotogra phi n g police men

se a rch i n g st ud e n t lockers.

When G u gliulla as k ed t he

pol ice w h y his student was be i ng handcu ffed, h e . t o o. was

a r rested for i n terfering wit h pol ice. ( See S P LC Report. S p r i ng ' 79) A fter the eve n t . the pri nci p a l t ried t o transfer G ugliuua

10 another school. H e and his u n i o n fo ughl t h e t rans fer su ccess fully. He also fought to raise h i s tea ching rat i n gs ,

N o w he's fi ghting to get the j o u r nalism depa r t ment and t he school newspaper rei nsta ted . Gugli uzza has w ri He n memos to t he pri ncipal aslcing

why there is no j o u r na lis m cla ss or news p a per t h i s yea r.

H e has o ffered to teac h five fu l l cou rses and advise t he paper before a nd a ft e r sc h o o l . The memos a nd inquiries h a ve been ignored, he said. There a re 33 s t udent s interested i n a jo u r na l is m class. said Gugl iuzza. bu t not one administrator. A nd Mervo High Schoo l's news paper is s t i ll six feet u n d er.

- V . A , O.

unless a George Was hi ngton High stu­

the paper's acco u n t u n t i l two weeks

J o h nson

dent files a memo, B ra zil ca n no t sup­ ply a legal opin i o n .

into t he fi rst qu arter, added Swai n .

Creary. the publications board moved

Two

s t u d e n ts-one

p l a i n t i ff's

a

b rother-plan to begin p u bl ishing the Town

Crier again.

Wheeling,

The Spokesman 's a

voice

has

gone

in November by W heeling College's A llocation Co m m i tt ee . W i t hout

warning

t he

c o m m i t tee

wi thdrew $4.700 in fun d s , citing the

T he let ters a l leged that a pr ofessor, who

In a me mo t o t he co m mi ttee protest­

ing the funding cut, S wain w rote

,

"The

act ion of t he allocations com m i ttee is act

an

of

censo rshi p ,

p u re

and

si mple , "

-'- B . A . K .

At the begin ning o f the fall semester, the paper published arti c les crit ical of t h e admin istration . " For the first time

i n 25 years t he Spokesman was a rea] newspaper instead of a house org a n , " ,

LOUISIAN A

The Sou/hern

Dig es / at

w h o believes t h e cut was an act of cen­

down

pu blica t i o ns board last s u m me r . fo u n d

a

the

cut,

less

expen si v e

the

in Baton Rouge was s h u t

for a n

entire se meste r

by i t s

Why?

o n l y a necessary action which t he paper

Swai n , The paper's pu b lication sched­ u l e was delayed because the a llocat ions committee did not deposit

42

SPLC Report

$ 1 ,000 into

Winter

letters.

caused by not s u b m i tt i n g i t s su mmer b u dget. A c c o rd i n g

1 9 79-80

to

E d i t or

p u b l i s he d ; saw

n o b ody

them,"

except

re s p o n d e d

Creary, who says he was re m oved a s

printer which cont ributed LO the pOor explained

pa per ca me out, reviewed its conte nts.

down was a coincide nce."

qu al i t y o f t h e

,

R o berson

R obers o n , "The story being printed a t

A ccord i n g to Pat R o be rson a nd the p u b lica ti o n s boa rd . t he sh ut down was

n ews pa pe r

t hat

t h e sa me t i me t h e news paper was shut

S o u t hern

sorshi p . acc o m m od a t e

mai ntains

a n d t hen we n t t o t he a d m i n i stra tion and pu blications board to report t he two

Jo hnson

Death o n t he Mississippi U n iversity

To

J o h nson

we n t to the pri nter the night before the

were

said fo rmer m oderator Ralph Swain

Spokesman

was suing the un iversity, had been fi red m a lic i ously.

U] did n't see t he art icles before t hey

and failure to meet pu b l i cation dead­ lines. The Spokesman had requested

a ga i nst the paper because of two letters

re­

paper's alleged poor prin ti ng quality

$8,700 b u t r eceived only $4,000 .

A nsel

pu blished i n the Diges! on t he same day the boa rd voted to cut o ff paper f u nd s .

signing his post.

s u bs tan t i al fu n ding cut

Adv iser

past

a nd t hen they expect us to put ou t an

$8,700 paper , " said Swain before

West Virginia

h oa rse d ue to

"The a llocations commit tee giv es us a pidd li ng $ 1 ,000 for t h e first q u a rter

and

Bawa n a

ad viser o f t h e Diges/ for refusing t o censor i t , st rongly d i sa grees. "T hat's a lie," he a nswered when t o l d

of Robe r sons c o nte n t i o n. " S he h a d see n t h e s t ories the n ight before a n d she had told t he ad m i n istra t i o n about it; that's why t h ey c losed do wn t h e news p a per." The Diges/ i s n o w publishi ng, having s u b m i t ted a budge t . R o be rson is s t i l l its ad v iser. -- B. A . K .


Student Press Law Center The Student Press Law Center is t he only national orgamza t lon devoted exc lusIVely to protecting the F i rst Amendment rig h t s of h igh school and college Jou r na l is t s . Th e Cen t e r is a nat ional legal a i d agency p rov iding lega l assistance and Ifl forma\ion to st udent Journalists and facu lty adVisers expe r l e ncsng censor· s hip o r other legal problems. SPLC Report. publis hed t h ree t imes eaCh year b y t he Student Press Law Center, su mmarizes c u r rent cont roverSies I nvolvina s tudent p ress r ights. The S P LC Report is researched, w r i t t e n and p roduced enti rely by jou r nali s m and law s t udent i n t e rns and sol i c its student produced articles. d r aWings a nd photo· g raphs . Readers are a lso encouraged to w r i t e lellers to t h e editor (wi t h the understandmg t h a t t hese may b e reasonably edited for length) The S P LC a lso provides the follow ing documents t o i n fo r m In· t e rested readers about s tudent press rig hts . •

Copies of court dec isions I nvolving t h e s t udent press (one copy f ree, add i t ional copies $ 1 .00)

A l i s t of a l l student press court decisions wit h short s u m · ma ries of each (one copy free , addi t ional copies $1 .00)

Copies of a legal analYS I S a r t ic l e on t h e for u m t heory as I t ap· plie s to the s t udent press ( one copy f ree, additional copies $ . 50)

Copies of SPlC's Modet GUidel ines for S t ude nt Publicat ions (one copy free. add it ional copies $ . 50)

The S P LC Report IS a Ken nedy MemOrlat

non· profit p r oject of t he Roben F.

SPLC I nter nsh i p Opport u n ities SPLC Report is wrillen, edited and deSigned ent i rely by s t uden t i nterns working out of offices in Was h i ngton , D.C. A team of s i x i n terns produced the w i n t e r Report.

B. M.C.

------

8art M. Church, 1 9. is f rom Wes t Palm Beac h , F lorida and is a junior at Florida St a te U nive r s i t y, majoring In social science. " You are a child of the Universe . . . you have a right to be here . . Wilh all its sham, drudgery a n d broken dreams it is still a b eau tiful world. Be cheerful. Stove l o be happy. " - Max Ehrman

C.M .D. Catherine M , Dorn. 1 9. i s f rom E a s t H a r t ford. Con necticut and is a sophomore a t Georgetown U n iversity. majoring in govern' ment/publiC administration. " Those of you who Ihink you know e verything are ann o ying 10 . those of us who do . - U n k nown

B.A.K. .. .. ..

.

--.. . __ . . ._------. Beverly A. Keneagy, 1 8 , IS f rom Pi n e l l a s Park. Florida and I S a f r esh man at S t . Petersburgh J r. College, majoring in communi· ca t i on .

. , Were II left up to me to decide whether we should ha ve a gov· ernment without newspapers or newspapers Without govern· men t , I should not hesitate a moment 10 prefer the lat ter. " - Thomas Jeffe r son

From left. firsl row Calhenne M. Dorn. Barl M. Church, L Indy Magn er . second row. Sean P Parks, Beverly A. Keneagy. Mlchael D Simpson. director. SPLC Vanessa

A Orla n do flot pIc tured

L.M.

------ ". _---....._.-----........ .......

L i n d y Mag ner, 22. is from Silver Spring. M aryl and and IS a senior at t h e U niversity of M a ryland. majOring in jour nalism. "Man i s hIS own star; a n d the soul th at can render an honest and perfect man commands all light. all m fluence . aI/ state; nothin g to him fa lls too early or too late." - Ralph Waldo Emerson

V.A .O.

------

- _ ...--_._----

Vanessa A. Orlando, 20. is f rom Clea rwa t e r. F lorida a nd IS a sophomore at Florida State Universi ty, majoring in gove r n ­ ment. "If someone asks you if yo u can do a job. say 'Of c o urse I can, ' t hen work like hell /o learn how. " - H a rry Truma n

s. P.P. Sean P. Parks, 2 3 , is f rom Ch icago. i ll i nO I S , a t:1d i s a senior a t Ca t ho l ic U niversity, majoring i n a r l . "Evil c a n be displaced b u t never eradica ted. a s all solU/Ions breed new problem s " - Shelly Kapp ------- .._ ....-.._---"_ ._."---.. ,, ... _ - - , ,.. _--_ .

.

.. ---

The Student Press Law Center offers i n t e r nsh ips during each school semester a nd the su mme r for high s c hOO l . col l ege. and law s t udents i nterested in journalism or law I n terns research and produce SPLC Report. hand l e requests for I nformation on student press righ t s , assist the di rector in l i t igation wi t h paralegal support and pa rt i C ipate in the Cent e r ' s fundrai s i ng act ivi t ies. The cen t e r provides i t s in terns wi t h s t ipends, and academic c redit IS sometimes avai lable. Student P ress law Center 1 0 3 3 30t h SI. NW Was h i ngton, DC 20007 ( 202) 965- 4017

W i n t e r 1 9 79-80

SPLC R eport

43


Read Al l About It !

P l ea s e enter my s u b scription t o S P L C Report:

D 1 year at $5 .00 - for st udents o

1 year at $ 1 0.00 - for non-studen t s , l i b r a r i e s . schoo l s a n d p u b l l c a l l ons

LJ e n c losed is a c h e c k , payable to Student P r ess Law Center 1033 30th Sl. N W Wa s h i n g to n , D C 20007 rJ bi l l me l a t e r Name

Publ i shed once each W i n t e r, sp ring and ta l l , SPLC Report i s an i n v a l uable reso u r ce for

I p I Ec J � '" P"" I )

Add ress

_ _ _

st udent jou rnal ists a n d f a c u l ty advi s e r s. Det a i l ed s u m m a r i e s ot c o n f l i c t s ove r s t u d e n t press righ t s . Clear- headed legal ana lyses of major Issues. H i g h l ights o t c o u rt and l eg i s l a t ive ac t io n . And �n t e r e s t i n g f e a t u r es and comment a r ies. You r s u bSCription p r i c e of

$5.00 tor stud e n t s .

C i ty , S t a t e , Z I P

o I w i s h to suppo r t t h e work ot the SPLC with a cont r i b u t i on I n the following amou n t :

$1 0 . 00 f o r n o n - s t udent s , w i l l h e l p u s cont i n u e t o

---- ---- -- --------_._--------

serve a s t he n a t ional F i r st Amen d m e n t advoc a t e

SPLC IS i n t e res ted in t he t i t l e s or pOS i t ions

tor stude n t s . Ot h e r cont ribut ions a r e t a x ·

of I t S i n d i v i d u a l subsc ribe r s

deductable_

�­ s t u d e n t press l a w c e n te r a prolect o f t I ) e

fobe r t t . k e n n e dy m e m O f l a l 1029 3 1 S 1 S l n w

was h l nCj t o n dc

20007

A ITEN TION: Student Publication

�&_j!ll� n(1 1 1 -Of cd r l " ( .1 L I S [")CI<\I.:1'lP r ; 1 1 (j vV� """ \1 Inql'Jr I ,'j( 0f'I I11 1 1 1'1(, .1 ·1 ·1 \ I


Winter 1979-80  

Vol. 3, No. 1

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