SHELBYVILLE (TN) CENTRAL HIGH SCHOOL NEWSPAPER CONFISCATED BY PRINCIPAL

Shelbyville Times-Gazette ^ | 20 April 2004 | Dea Demonbren

[MeneMeneTekelUpharsin]

Shelbyville Central High School principal Don Boyd placated some and infuriated others when he confiscated Tuesday's edition of the school newspaper, The Echo. An article by a student writer, which described body piercings in a sexually descriptive manner, was the issue that concerned Boyd. In his written statement to the T-G, Boyd said: "An article was printed ... which I considered to be inappropriate for a school publication. This article was brought to my attention as the paper was being distributed to our students. After reviewing the article, I made the decision to collect the newspapers."

One student said she was reading the paper when it was taken up. That student's response was: "I don't think they should've taken it back up. I don't think it's such a big deal. We see this stuff on TV. We hear it in our music. If he cares so much, why doesn't Mr. Boyd review The Echo himself." Teacher Rosalee Lee, who sponsors The Echo, responded in a written statement: "I have supervised the school newspaper ... for more than 20 years. During that time the staffs have covered a wide variety of topics. In this particular story, there may have been a lack of sensitivity in the reporting of some of the subject matter. If the material was offensive to anyone in anyway, I regret it."

According to the Student Press Law Center's website, the United States Supreme Court has stated: "It can hardly be argued that either students or teachers shed their constitutional right to freedom of speech or expression at the schoolhouse gate."

[MeneMeneTekelUpharsin]

Hello Don. In our "For what it is worth department" Boyd's wife is principal of the elementary school. At least Don is trying to prevent an evil influence on the children. Have to give him credit for that. His daughter is a corporate lawyer...perhaps she can help him prepare a defense against the "free-speech" activists.

Caning is an appropriate solution to most of the above-mentioned problem. However, I don't think they're taking opinions right now.

[MeneMeneTekelUpharsin]

Check this one out. Time for our Caesar?

[Hodar]

I would hardly think this would be a 'Free Speech' issue; as the school paper is paid for, sponsored by, and materials provided to the paper by "THE SCHOOL".

Now, if this effort were funded by students, that's a different matter entirely. However, as the Principal runs the school, and the paper is using school resources, funds and materials; the paper exists at the whim and pleasure of the Principal.

[zook]

According to the Student Press Law Center's website, the United States Supreme Court has stated: "It can hardly be argued that either students or teachers shed their constitutional right to freedom of speech or expression at the schoolhouse gate."

These guys should check their facts. The USSC is also on record as granting school officials the right to reasonably restrict the contents of school newspapers. The rationale is that these publications are fundamentally mechanisms for teaching, not institutions of "the press."

[BurbankKarl]

Next week's exposed is Penis Mutilation

[conserv13]

Shelbyville Central High School principal Don Boyd

Any comment from principal Skinner at Springfield Elementary?

[Hodar]

I think you mean the headline should read:

Penis Mutilation : Bold personal statement, or Shop Class Accident?

[MeneMeneTekelUpharsin]

exposé?

[MeneMeneTekelUpharsin]

We see this stuff on TV. We hear it in our music.

Cane those people too.

[wingster]

I'm curious whether this was in Chemistry class, Geometry, or Literature!

[xm177e2]

I would hardly think this would be a 'Free Speech' issue; as the school paper is paid for, sponsored by, and materials provided to the paper by "THE SCHOOL".

But who pays for THE SCHOOL? THE GOVERNMENT. Which is bound by the first amendment. The fact that school funds were used is meaningless.

They will have to find some other way to justify taking the newspaper (such as declaring them to contain inappropriate material).

[Starwolf]

That is the key point. The principal can control the official school newspaper, website, etc. He can not control unofficial/off campus ones.

Also important is that taking actions against students who produce off campus material will get the school in hot water. Been tried and the schools end up paying damages. The school's control of student statements stops at the door. Students can write pretty much what they please in off school forums excepting things like personal threats, libel...)

[Nasty McPhilthy]

Freedom of speech and expression?

Let a kid show up at school with a Confederate Flag on his or her back and ask them how free they feel after they've been ask to go home and change or face expulsion.

[Hodar]

But who pays for THE SCHOOL? THE GOVERNMENT.

No, the local and state taxpayers pay for the school. The school has a Prinicipal who hires/fires teachers, determines school policy, and adminsters the school finaces. Among those school finances are the school band, language clubs, sports and yes; the paper.

As the Principal is ultimately responsible for what goes on in the school, he has the authority to determine policy. I just love that Rights and Responsibility tie in.

The school paper is not a revenue stream, it is not a educational requirement; but is a tool in which students may learn the fundamentals of journalism. If the Principal funds the paper, he controls the paper. If you own a magazine, paper or other such journalistic endeavor; you will control exactly what does, and what does NOT get printed. Or would you have it such that you own the paper, but have absolutely NO control over what get's printed?

[Ruth A.]

The teacher should be relieved of duties. A major curriculum point should be responible journalism. Is a high school newspaper the proper forum for sexually graphic material. No. Smut is the easy way to sell papers, rather than skilled writing.

Were there a talent show, the school would have the final say on dance performances and music/lyrics allowed. This is not a First Amendment issue and this country cheapens that amendment to more we try to cover under its umbrella.

[Ignatz]

I don't think it's such a big deal. We see this stuff on TV. We hear it in our music.

Perhaps the fact that they hear it in their music and see it on TV is why they don't think it's a big deal. They've lost their sense of shame and propriety.

[pogo101]

The full breadth of the First Amendment does not apply to public high schools' student-published newspapers. Hazelwood School Dist. v. Kuhlmeier, 484 U.S. 260 (1988) (6 to 3 decision).

In Hazelwood, the Supreme Court held that the school principal's decision to excise, from the high school paper, a 2-page article discussing the impact of divorce and pregnancy on students (at that school) who had undergone them, did not violate the First Amendment. The Court based its decision, in part, on the emotional maturity of the intended audience of the publication, and its view that public high schools were not "public forums," such as Hyde Park Corner, where speech should be most free from government regulation.

You may disagree with the holding, but it remains good law and plainly permits the principal's decision involved in this thread, which was to snip a much racier article than was involved in Hazelwood.

[Congressman Billybob]

Pogo 101 has it right on the button. It is settled law that students and student newspapers do NOT have the same freedom of the press as reporters, editors and newspapers in the outside world. It sounds bad that the "school is confiscating newspapers." But it does NOT offend the First Amendment.

Congressman Billybob

Click here, then click the blue CFR button, to join the anti-CFR effort (or visit the "Hugh & Series, Critical & Pulled by JimRob" thread). Please do it now.

[Redbob]

And yet another Shelbyville article!

Things have really changed there since I moved away.

[bc2]

6 posts, not too bad. I knew it would be in the top 10

:-)