Student Censorship

Since 1988, when the Supreme Court ruled on what is known as the Hazelwood Case, school districts have cracked down on the content of school-supported newspapers, yearbooks, and even web sites. This leaves many students feeling suppressed and even worse, students who were once bound for a journalism career have now soured on the field because of the imposed censorship.

In fear of not even being published, many young writers have begun self-censoring. And issues that many kids may have once been interested in are now considered too hot to handle, and are left to the wayside. “I think there’s a definite thin line there between what you can print and what you can’t in a student newspaper,” explains 17-year-old Ryan.

Experts say schools have a legitimate concern about student writings inciting trouble, but without an outlet, frustrated kids may turn to just the kind of behavior schools are trying to discourage. “They feel isolated, useless, irrelevant, bad,“ says Teen advisor Rachel Alterman-Wallack. To find an outlet, “Parents can help teach kids ways to express themselves that are appropriate,” says Dr. Tony Levitas, child psychologist. In the end, there is always censorship to some degree — imposed or self-directed.

 What Parents Should Know

If your child is involved with student media, theater, or other school activities that allow for expression, you should be aware of their constitutional rights and the limits of censorship. In 1988 a precedent setting case was decided that has since been used as a reference for cases involving high school students. Hazelwood v. Kuhlmeier’s primary resolutions include the following:

  1. Student publications can be censored if they are not a public forum, if they are school sponsored, and if they are curricular.
  2. Censorship must be “viewpoint neutral.”
  3. Censorship with “no valid educational” purpose is prohibited.

Currently The Student Press Law Center (SPLC) is the only legal assistance agency devoted to educating high school and college journalists about their rights under the First Amendment. They support student news media by covering important issues related to censorship. They also provide free legal advice and information, low-cost educational materials and access to an Attorney Referral Network. Approximately 2,000 student journalists, teachers and others contact the Center each year for help or information. (Please see “Additional Resources” below”)

"I think there’s a definite thin line there between what you can print and what you can’t in a student newspaper."

--Ryan, age 17

Not Variations

One group of high school students in Oregon decided to publish their own paper after having submissions to Variations, their school’s literacy journal, banned. The content was deemed “inappropriate for the age and maturity of the reading audience”. The students decided to create an unofficial, uncensored version called Not Variations and they plan to charge a small fee and raise funds to keep the publication operating.

Freedom of "Speech"

When thinking of the First Amendment, the first thing that comes to mind is freedom of speech. However, this constitutional element has broader coverage that encompasses “expression“. An example of how this can be used as a defense is the recent lawsuit filed by the ACLU in Colorado. A student attending Alameda high school was denied the right to wear a ribbon on her graduation gown in memory of the students that were killed at nearby Columbine. Mark Silverstein, Legal Director of the ACLU of Colorado states, "The ribbon quietly communicates Andrea's respect in a dignified and unobtrusive manner…”. The ACLU contends that the school policy is a denial of the student’s rights under both the First and Fourteenth Amendments.


Resources

The Student Press Law Center
www.splc.org

Free Expression Network
www.freeexpression.org

The Freedom Forum
www.freedomforum.org
800-830-3733

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