Freedom of Speech?

A+recent+bill+proposed+to+VT+state+legislatures+titled+S.18+will+guarantee+that+%22student+journalists+may+exercise+freedom+of+speech+and+freedom+of+the+press+in+school-sponsored+media.%E2%80%9D
A recent bill proposed to VT state legislatures titled S.18 will guarantee that

A recent bill proposed to VT state legislatures titled S.18 will guarantee that "student journalists may exercise freedom of speech and freedom of the press in school-sponsored media.”

A recent bill proposed to VT state legislatures titled S.18 will guarantee that "student journalists may exercise freedom of speech and freedom of the press in school-sponsored media.”

Robbie Maher, Editor & Marketing Director

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In the midst of the Trump administration, the rights of a free press are questioned daily in tweets and from the podium in the White House Briefing Room. Concern about First Amendment rights is nothing new inside the less-than-democratic halls of public high schools. The US Supreme Court has ruled multiple times that various Constitutional rights give way to public school administrators’ orders about safety and–their favorite word of all–appropriateness.

Court rulings on the First Amendment guaranteeing that “Congress shall make no law … abridging the freedom of speech, or of the press…” have trended against high school newspapers for decades. A 1988 case, Hazelwood v Kuhlmeier, set the standard for censorship in public schools.

The case began in 1983 when, according to a September 13, 1987, New York Times report by Mark Uhlig found “… the principal of a St. Louis high school deleted articles on sex and relationships from The Spectrum, the school’s newspaper. Three students filed suit, asserting that their First Amendment rights had been violated.”

The principal of this school, Robert E. Reynolds, deemed both articles to be inappropriate and not protective enough of students’ right to privacy and prevented them from being published in The Spectrum.

Uhlig reported that, “In their lawsuit, three student journalists, Cathy Kuhlmeier, Leslie Smart and Leanne Tippett, argued that Dr. Reynolds had interfered with the newspaper’s function as a ‘public forum.’ School officials argued that the newspaper, as an extension of classroom instruction, did not enjoy First Amendment protections.”

The case worked its way up to the Supreme Court, which ruled in favor of Reynolds by a 5-3 vote, and stated that school administrators could censor an article if it proved “ungrammatical, poorly written, inadequately researched, biased or prejudiced, vulgar or profane, or unsuitable for immature audiences.”

This is madness! Anybody can have the opinion that something is poorly written. This ruling gives school officials the ability to act like bouncers and decide what can go and what doesn’t in a high school newspaper. This is not journalism, that’s public relations…

During my two years as editor of the Bellows Free Academy Mercury, I have covered challenging topics that include school administrators receiving substantial pay increases when numerous teachers were cut from the budget, the Black Lives Matter group protesting outside BFA, the BFA Board’s concern that MVU had higher test scores… and the list goes on and on.

After working hard with the paper’s adviser, Peter Riegelman, and having successfully covered these issues, it is troubling to hear that should my school administrators have wanted to, they could have blocked these stories from being published. However, recognizing the importance of the student press, BFA’s principal Chris Mosca choose not to.

Burlington High School (BHS) is a school that has been censored. This censorship came over a story that involved a Trump supporter being harassed at his or her school. By the BHS administration censoring the school paper and requesting prior review for the foreseeable future, BHS is suppressing a legitimate issue that is not going away anytime soon.

What is this going to do long term? Teach kids that whenever there is a controversial issue, to run away from it and hide?  Journalism students today should not be concerned with whether their feature story will be censored by their school’s hierarchy.  Instead, students should learn, and practice skills, that make a journalist successful.

Thankfully, a bill introduced to Vermont legislature by “New Voices Vermont,” titled S.18, would rework school administrator’s ability to meddle in student news publications.

As the bill reads, nothing shall “prevent a student media adviser from teaching professional standards of English and journalism to student journalists.” These standards are similar to those listed on the Student Press Law Center journalism ethics site -practiced at BFA.

Since every journalism program in the state has an accredited teacher as its adviser, S.18 puts the judgment about what to publish and what to delete from the student paper in the proper, capable hands of the adviser.

The bill also reads a “student journalist may exercise freedom of speech and freedom of the press in school-sponsored media.”

S. 18 needs the support of parents, professional journalists, and the voters of Vermont so that it is passed and student journalists are able to experience the free and full responsibilities that the First Amendment protects in our nation.

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2 Comments

2 Responses to “Freedom of Speech?”

  1. John Kup on February 15th, 2017 4:46 pm

    Some really well researched information. Freedom of the press, well what does that really mean? To report the news or to make up the news? Which falls under the 1st amendment? Nice job sir..

    [Reply]

  2. Ed Webbley on February 15th, 2017 10:31 pm

    Hazlewood vs. Kuhlmeier was more narrowly prescribed than you suggest. Remember that the writing of the articles in question were required, graded work for a Journalism II class. And clearly, by writing about identifiable students’ personal lives, and by violating basic journalistic standards ( a father was blamed by his daughter for her parents’ divorce and the father was not given the opportunity to respond), the school administration, the teacher, the School Board, as well as Mr. Reynolds personally would have been exposed to liability.

    The point to remember is that the 1st Amendment has been held as the standard to protect the free expression of political speech as held in Tinker vs. Des Moines ( 1969).

    It seems like the BFA principal understands this. Good article.

    [Reply]

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