Please make an appointment and come and see me in E-102. I can then decide if you have permission to distribute copies of "The Right Stuff" at Evanston Township High School. Until you have received my permission you may not distribute copies on High School property.
Tinker v. Des Moines (1969)
". . . In the absence of a specific showing of constitutionally valid reasons to regulate their speech, students are entitled to freedom of expression of their views."
— Justice Fortas, speaking for the majority
From the Student Press Law Center:
http://www.splc.org/legalresearch.asp?id=3 The Student Press Law Center's High School Top Ten List
The ten questions high school student journalists most frequently ask about their rights
© 2000 Student Press Law Center
Q: Do high school students have First Amendment rights?
A: Yes. As the United States Supreme Court said in 1969, "It can hardly be argued that either students or teachers shed their constitutional right to freedom of speech or expression at the schoolhouse gate." But the First Amendment only prohibits government officials from suppressing speech; it does not prevent school censorship at private schools. A state constitution, statute or school policy could provide private school students with free speech protections.
Q: What about the Hazelwood decision?
A: Hazelwood School District v. Kuhlmeier, the 1988 U.S. Supreme Court decision, gave public high school officials greater authority to censor some school-sponsored student publications if they chose to do so. But the ruling doesn't apply to publications that have been opened as "public forums for student expression." It also requires school officials to demonstrate some reasonable educational justification before they can censor anything. In addition, some states (currently Arkansas, California, Colorado, Iowa, Kansas and Massachusetts) have passed laws that give students much stronger free expression protection than Hazelwood. Other states are considering such laws.
Q: What is a "public forum for student expression?"
A: A student publication is a public forum for student expression when school officials have given student editors the authority to make their own content decisions. A school can do that either through an official policy or by allowing a publication to operate with editorial independence.
Q: So if policy or practice indicates the content of my publication is determined by students, the Hazelwood decision doesn't apply to me?
A: That's right. If a student publication is a public forum for student expression, then students are entitled to stronger First Amendment protection. School officials are only allowed to censor forum publications when they can show the publication will cause a "material and substantial disruption" of school activities.
Q: What about underground or independent student publications? Are they protected from censorship?
A: Absolutely. Although public schools can establish reasonable restrictions as to the time, place and manner of distribution of underground publications, they cannot absolutely forbid their distribution on school grounds. Like school-sponsored publications that are forums, a school must show substantial disruption before they can censor an independent publication.
Q: Can a student publication be sued for libel, invasion of privacy or copyright infringement?
A: Yes, and occasionally they are. In such cases the individual reporter and the editor could be held legally responsible. Court decisions indicate that a school which does not control the content of a student publication may be protected from liability. Students need to be aware that with press freedom does come legal responsibility.
Q: Can student reporters protect confidential news sources or information?
A: Some states have "shield laws" and others have court-created privileges that protect journalists from having to reveal this kind of information. However, most states have never explicitly applied these laws to student journalists. You should check your state law before making a promise of confidentiality because once you make such a promise, the law requires you to keep it.
Q: Can I use freedom of information laws?
A: Yes. Freedom of information, or "sunshine" laws, require government agencies such as public schools to open many of their official records and meetings to the public. These laws vary from state to state. Every newsroom should have a copy of their state's open records and open meetings laws.
Q: Can I use cartoon characters, song lyrics or another publication's photographs in my publication?
A: In most cases, only when you have obtained the permission of the copyright holder. Each of these works is protected by copyright law, which means others can use them only if they have obtained permission. Publishing a credit line does not take the place of permission. There is an exception to copyright law called "fair use" that can apply if you are only taking a small amount of a copyrighted work or if you are using the material along with a news story about it.
Q: Where can I go for more information about my rights and responsibilities as a student journalist?
A: The Student Press Law Center!
WHOA!! This is pretty intense.
I see that it is a right wing newspaper but GEEZ!!!
You want to have some fun? Turn your appointment into an interview. Take your pad and pen with you and have some fun. Come with questions. Refer to your notebook often for questions, write down what this person says. See if you can get them to spill some names. Who has complained?
Here's some questions I'd be interested in answers:
1. Have you read any issues of the paper? How many? What did you think? Were there any articles you liked, disliked? What were they?
2. Who complained? How many complained and when did they complain? Did you make a written record of the complaints?
and so on....
I'm kind of excited for you. This could be fun.
Oh, I almost forgot to tell you, you're amazing. You must make your parents very proud.
Perhaps the first question should be: "Do you mind if we tape-record this interview?"