Tinker, Hazelwood Tinker, Hazelwood and Youand You

KJI 2010KJI 2010University of KansasUniversity of Kansas

TinkerTinkerv. Des Moines Independent Community v. Des Moines Independent Community

School District (1969)School District (1969)December 1965: John and Mary Beth December 1965: John and Mary Beth

Tinker, and Christopher Eckhardt planned Tinker, and Christopher Eckhardt planned to wear black arm bands to school.to wear black arm bands to school.

School district heard of the plan and quickly School district heard of the plan and quickly passed a rule banning such expression.passed a rule banning such expression.

Students wore armbands and were Students wore armbands and were suspended from school.suspended from school.

TinkerTinkerStudents and family, with help from ICLU, Students and family, with help from ICLU,

sued school district.sued school district.District courts ruled in favor of the school District courts ruled in favor of the school

district.district.U.S. Supreme Court heard the case in U.S. Supreme Court heard the case in

November 1968.November 1968.In February 1969, seven-justice majority In February 1969, seven-justice majority

Court ruled in favor of students.Court ruled in favor of students.

TinkerTinkerSet up the Tinker standard — that school officials cannot censor student expression unless they can reasonably forecast that the expression will create a substantial disruption or material interference with school activities or invade the rights of others.

Bethel School DistrictBethel School Districtv. Fraser (1986)v. Fraser (1986)

"I know a man who is firm - he's firm in his pants, he's firm in his shirt, his character is firm - but most [of] all, his belief in you the students of Bethel, is firm. Jeff Kuhlman is a man who takes his point and pounds it in. If necessary, he'll take an issue and nail it to the wall. He doesn't attack things in spurts - he drives hard, pushing and pushing until finally - he succeeds. Jeff is a man who will go to the very end - even the climax, for each and every one of you. So please vote for Jeff Kuhlman, as he'll never come between us and the best our school can be. He is firm enough to give it everything.”

Bethel School DistrictBethel School District

Speaker, Matthew Fraser, suspended. He Speaker, Matthew Fraser, suspended. He appeals suspension in court and wins.appeals suspension in court and wins.

School district takes case to U.S. Supreme School district takes case to U.S. Supreme Court, which decides 7-2 in favor of the Court, which decides 7-2 in favor of the school district.school district.

Policy of restricting provocative speech did Policy of restricting provocative speech did not violate First Amendment rights.not violate First Amendment rights.

Bethel School DistrictBethel School District

Speaker, Matthew Fraser, suspended. He Speaker, Matthew Fraser, suspended. He appeals suspension in court and wins.appeals suspension in court and wins.

School district takes case to U.S. Supreme School district takes case to U.S. Supreme Court, which decides 7-2 in favor of the Court, which decides 7-2 in favor of the school district.school district.

Policy of restricting provocative speech did Policy of restricting provocative speech did not violate First Amendment rights.not violate First Amendment rights.

Hazelwood School DistrictHazelwood School Districtv. Kuhlmeier (1988)v. Kuhlmeier (1988)

Students at Hazelwood East High School in Students at Hazelwood East High School in St. Louis wrote stories about pregnant St. Louis wrote stories about pregnant teens and the effect of divorce on teens.teens and the effect of divorce on teens.

Principal objected to stories, particularly the Principal objected to stories, particularly the ones about pregnant teens, saying they ones about pregnant teens, saying they violated the privacy of the teens (even violated the privacy of the teens (even though subjects were given pseudonyms).though subjects were given pseudonyms).

Principal censors paper by pulling the Principal censors paper by pulling the spread before printing.spread before printing.

HazelwoodHazelwoodStudents, led by Cathy Kuhlmeier, sue. They Students, led by Cathy Kuhlmeier, sue. They

lose all the way to the Supreme Court.lose all the way to the Supreme Court.And they lose in the Supreme Court.And they lose in the Supreme Court.Byron “Whizzer” White: “We hold that educators do not offend the First

Amendment by exercising editorial control over the style and content of student speech in school-sponsored expressive activities so long as their actions are reasonably related to legitimate pedagogical concerns.”

 

Anti-Hazelwood LawsAnti-Hazelwood LawsCaliforniaCalifornia Law pre-dated HazelwoodMassachusettsMassachusetts law passed in 1988IowaIowa passed its law in 1989ColoradoColorado Law 1990KansasKansas 1992 Senate Bill 62 became lawArkansasArkansas law passed in 1995OregonOregon law passed in 2007Nebraska LB898 Nebraska LB898 was indefinitely postponed in April 2010.MissouriMissouri has found sponsors several times in the past 20 years, but they haven’t had any success in getting a vote.IndianaIndiana is still trying to scour up legislative sponsors. 

Could You?Could You?Would You?Would You?Should You?Should You?

Your quick guide to legal and ethical Your quick guide to legal and ethical issues of the high school pressissues of the high school press

Kathy Habiger, Mill Valley High SchoolKathy Habiger, Mill Valley High SchoolAmy Morgan, Shawnee Mission West High SchoolAmy Morgan, Shawnee Mission West High School

Could You? Could You? Kansas Student Publications Act Kansas Student Publications Act

Student editors have the RIGHT and the Student editors have the RIGHT and the RESPONSIBILITY to determine all contentRESPONSIBILITY to determine all content

You have the RIGHT to be free of You have the RIGHT to be free of administrative and faculty censorshipadministrative and faculty censorship

You are LEGALLY RESPONSIBLE for that You are LEGALLY RESPONSIBLE for that content (yes, you could be sued)content (yes, you could be sued)

What about adults?What about adults?

Administrators can regulate number, length, Administrators can regulate number, length, frequency, distribution and format of publicationsfrequency, distribution and format of publications

Adviser is responsible for teaching and Adviser is responsible for teaching and encouraging free, responsible and journalistic encouraging free, responsible and journalistic expressionexpression

Adviser cannot be terminated for refusing to Adviser cannot be terminated for refusing to censor their studentscensor their students

Can you print whatever you want? Can you print whatever you want?

You are RESPONSIBLE for steering clear of You are RESPONSIBLE for steering clear of the nine areas of unprotected speech:the nine areas of unprotected speech:

1.1. Fighting words Fighting words 2.2. Clear and present danger Clear and present danger 3.3. Incitement to break the law Incitement to break the law 4.4. Advertisement for illegal productsAdvertisement for illegal products5.5. Libelous Libelous 6.6. Invasion of privacyInvasion of privacy7.7. Substantial disruption to school activitiesSubstantial disruption to school activities8.8. Copyright infringementCopyright infringement9.9. ObscenityObscenity

Libel (Defamation)Libel (Defamation)

Usually the product of careless reportingUsually the product of careless reporting

Potentially damaging information should be Potentially damaging information should be triple checkedtriple checked

Truth is the only defense against a libel Truth is the only defense against a libel claimclaim

If you make a mistake, apologize in writing If you make a mistake, apologize in writing immediately and sincerelyimmediately and sincerely

Invasion of PrivacyInvasion of Privacy

Certain people have limited rights to privacy:Certain people have limited rights to privacy:

Public officials (principal, teachers, school Public officials (principal, teachers, school board, student body officers, PTA board, student body officers, PTA president)president)

Public figures (quarterback, Homecoming Public figures (quarterback, Homecoming queen, or anyone who puts themselves queen, or anyone who puts themselves in the spotlight) in the spotlight)

Invasion of PrivacyInvasion of Privacy

There are four kinds:There are four kinds:1.1. Disclosure of private or embarrassing Disclosure of private or embarrassing

factsfacts2.2. IntrusionIntrusion3.3. False lightFalse light4.4. AppropriationAppropriation

Substantial Disruption to SchoolSubstantial Disruption to School

Nothing that appears in the publication can Nothing that appears in the publication can cause a disruptioncause a disruption

Walk outs, boycotts, riots, vandalism, Walk outs, boycotts, riots, vandalism, revenge, violence should not be revenge, violence should not be encouragedencouraged

Complaints to administration do not cause a Complaints to administration do not cause a substantial disruptionsubstantial disruption

Copyright InfringementCopyright Infringement

Just because you can download it from the Just because you can download it from the Internet doesn’t mean you can use it Internet doesn’t mean you can use it legallylegally

Applies to written works and photographsApplies to written works and photographs

““Citing the source” is NOT a protectionCiting the source” is NOT a protection

Fair use allows you to use portions of works Fair use allows you to use portions of works for editorial purposesfor editorial purposes

ObscenityObscenity

Community standards dictate what is Community standards dictate what is obscene and what is notobscene and what is not

Some members of your community may Some members of your community may consider profanity obsceneconsider profanity obscene

Establish a policy about the use of profanity Establish a policy about the use of profanity in quotes or in other printed materialsin quotes or in other printed materials

Would You? Would You? Ethical Considerations Ethical Considerations

AccuracyAccuracyObjectivityObjectivityCredibilityCredibilityGood tasteGood tasteRight of replyRight of replyPlagiarismPlagiarismFairness to allFairness to all

Other considerations Other considerations Remember your adviserRemember your adviser

Be prepared to defend or explain your Be prepared to defend or explain your decisions (“because we can” is not an decisions (“because we can” is not an adequate defense)adequate defense)

Take thorough notes and keep themTake thorough notes and keep them

Is this the mountain you want to die on? Is this the mountain you want to die on?

Should You? Should You? Test yourself with these dilemmas Test yourself with these dilemmas

You’re rushed for a deadline. You decide to You’re rushed for a deadline. You decide to make up a quote from your friend, make up a quote from your friend, knowing he won’t mind, just to finish your knowing he won’t mind, just to finish your story.story.

What are some potential problems with this?What are some potential problems with this?

Should You? Should You? Test yourself with these dilemmas Test yourself with these dilemmas

You decide to print a story in your yearbook You decide to print a story in your yearbook about a senior who had a baby during about a senior who had a baby during the school year. Some parents are angry the school year. Some parents are angry about it after the yearbook is distributed.about it after the yearbook is distributed.

How do you justify your decision to run the How do you justify your decision to run the story?story?

Should You? Should You? Test yourself with these dilemmas Test yourself with these dilemmas

A principal in your school district was A principal in your school district was arrested for possessing child arrested for possessing child pornography on his school laptop. After pornography on his school laptop. After you publish the story about it, his you publish the story about it, his attorney threatens to sue you for attorney threatens to sue you for invasion of privacy.invasion of privacy.

Can he sue you?Can he sue you?

Should You? Should You? Test yourself with these dilemmas Test yourself with these dilemmas

A student is angry that a photo of him A student is angry that a photo of him cheering in the stands at the football cheering in the stands at the football game appears in the newspaper. He game appears in the newspaper. He says he never signed a photo release says he never signed a photo release that would allow the school to publish his that would allow the school to publish his photo in district publications.photo in district publications.

What is your response to the student?What is your response to the student?