FREEDOM OF THE PRESS CHAPTER 3

WARM-UP “Justice cannot survive behind walls of silence.” (Recent quote from appeals court justice with regard to Patriot Act’s private, closed-door deportation hearings of legal aliens.) News broadcast Legalized Coruption

Warm-up #2—Answer as a “What if”… Ray Scoville produced a newspaper entitled, “Grass High” at home, totally on his own time, using only his own resources. “Grass High” had been a student paper for years and was well known by all. The homemade newspaper contained an editorial criticizing the school’s rules pamphlet and urged students not to accept the school rules pamphlet in the future. Also, Ray said the dean had a “sick mind” and that “Oral sex prevents tooth decay.” Ray brought the newspaper into school and sold more than 60 newspapers in school. There was constant laughter in the halls due to the article and one class on civil rights there was a fight due to the discussions led by the teacher. Ray was expelled for the content contained in “Grass High.” Scoville vs. Board of Ed

Why do we have the Freedom of the Press? Hold Gov. accountable Spark debate Convey information in an unbiased fashion Warm-up—Write THREE facts which surprised you from the video social media

Legal words Gag Order—order from a judge NOT to talk about a case (high profile trials, 5th and 6th amendment to due process and fair trial.) Censorship—ban on what is written or said because of its content PRIVACY VS. FREE PRESS—constant conflict. In a school Free press vs. schools right to keep order TINKER Prior Restraint—censorship of speech, PRIOR to its utterance or press Freedom of Information Act—freedom to receive records and information from the Government. Special exceptions—National defense, foreign policy, trade secrets, confidential information

Hazelwood Facts: Conclusion Reasoning

Case Law Hazelwood vs. Kuhlmeier—The standard in Tinker does not work in a situation when members of the public may reasonably assume that the speech carries the “imprimatur” (support) of the school. In these cases, schools do not violate the 1st Amendment for editorializing student speech done at A SCHOOL SPONSORED ACTIVITY and the censorship is REASONABLY RELATED TO A LEGITIMATE PEDAGOGICAL (educational) concern. Two part Test!!!!!!

Case Law Cont. Brandon Beussink vs. Woodland School District—When dealing with internet speech created at home, on ones own computer on student’s own time, the case should be analyzed under the Tinker standard. In order for the speech to be the subject of discipline, a school official must show a substantial disruption at school and more than a “mere desire to avoid the discomfor and unpleasantness that always accompany an unpopular viewpoint.

Case Law Cont. Killion vs. Franklin Regional School District--School officials’ authority over off-campus expression is much more limited than expression on school grounds…Since Killion created the list off school grounds, using his own computer, on his own time, the Tinker standard will be used and the school must show evidence of actual disruption. Examples: 1. Teachers incapable of teaching or controlling classes? 2. Threatening? 3. Was it so upsetting that Mr. Bozzuto took a leave of absence?

Case law cont…. Scoville vs. Board of Education—Since the newspaper was created at home, on his own computer, using his own resources, the Tinker standard applies. In order to discipline a student for student speech, there must be evidence of a substantial disruption. Fleming vs. Jefferson County ---student speech can be censored if the speech is part of a school sponsored expressive activity and the censorship is reasonable. In this case, since the school controlled every aspect of the program AND the tiles would be permanently affixed to the walls, the program was school sponsored. Furthermore, the purpose of the censorship was reasonably related to a teaching purpose. (Not creating a memorial)

What Beussink said…. The Web page, entitled "Brittney & Brandon's Kick A-- Home Page!!," read: "Please visit our F----D UP High School, 'Home of the f----d up faculty members from HELL!' Don't forget to e-mail our … principal and tell Delma Farell that her page sucks… . Why our school is f----d up, you ask? Well, where do I start… let me see … number one, the students are treated like they are lower than dirt, and are constantly reminded of this. If one of the faculty members do something which can be upheld by the court, a new rule pops up in the school policy. No one knows where it came from, but it seems as if it's been there for ages. Then they send the people who it affected apology letters!! What a bunch of s---!! Well, I guess you don't want to know the whole story (I sure wouldn't), so I guess that is enough about that!"

Class Exercise 1. Write a case brief for Beussick. Name, date, facts, conclusion, reasoning, holding(law) 2. List the speech BANNED under the School Violence Prevention Act. 3. Write a brief statement about the legal outcome of Beussick if it took place in North Carolina.

Case law cont… Killion vs. Franklin Regional School--

One of Hazelwood’s articles This is how the story on teen pregnancy in the May 13 issue of the Spectrum began: Sixteen-year-old Sue had it all — good looks, good grades, a loving family and a cute boyfriend. She also had a seven pound baby boy. Each year, according to Claire Berman (Readers Digest, May 1983), close to 1.1 million teenagers — more than one out of every 10 teenage girls — become pregnant. In Missouri alone, 8,208 teens under the age of 18 became pregnant in 1980, according to Reproductive Health Services of St. Louis. That number was 7,363 in 1981. The article followed with personal accounts of three Hazelwood East students who became pregnant. The names of all three were changed: Terri: I am five months pregnant and very excited about having my baby. My husband is excited too. We both can’t wait until it’s born. . . . Patti: I didn’t think it could happen to me, but I knew I had to start making plans for me and my little one. . . . Julie: At first I was shocked. You always think ‘It won’t happen to me.’ I was also scared because I did not know how everyone was going to handle it. . . .

Group Project—Draft an Editorial Policy for School Newspaper 1. Title 2. Purpose 3. Policy Must: respect student speech rights 4. BUT prevents embarrassment of the school community and its members 5. What will they publish and won’t they publish 6. Categories of expression forbidden? 7. Process to define forbidden categories 8. Case Law words? Faculty advisor? Disclaimer about censorship? 9. Process from start to finish—writing, editing….Principal final say??

List of Controversial Subjects to write about 1. 2. 3. 4. 5.

Final What if… A group of fellow students asks your advice. They want to publish a student newspaper to talk about what they see as sexism and homophobia in your school. Should they join the school newspaper, form their own paper, go on the Internet and create a website, or do something else? Should they meet with school authorities? What advice do you give them to protect their rights and their careers as students.