Curriculum ~ Legal Issues Taking Issue legal considerations for student publications

Curriculum ~ Legal Issues Background Prior to 1988 was the “Tinker Decision” which defined student press rights – 1969: Supreme Court ruled that First Amendment Rights didn’t stop at schoolhouse gate – Administration can restrict freedom of expression if it disrupts class work – Gave administration rights to prior review Prior review vs. prior restraint – Review = chance to examine & request changes from editors/adviser – Restraint = right to final control over content

Curriculum ~ Legal Issues Background In January of 1988 the Hazelwood decision was passed: Administrators gain “editorial control” & prior restraint over such things as school publications & theater productions that are considered unsuitable – Ungrammatical, poorly written, inadequately researched, prejudiced, vulgar, profane, sexual activity, advocating drug or alcohol abuse Defines administrator as publisher over “school-sponsored” forums since considered part of curriculum Limitations to “Hazelwood” – Arkansas, California, Colorado, Iowa, Kansas, Massachusetts, & Oregon enacted laws counteracting decision

Curriculum ~ Legal Issues Background Plan, prepare, & practice: the best advocates to protection – Hazelwood does not require administrators to censor but gives them the right to take action – The Journalism Education Association (JEA) suggests adherence to highest standard of journalism & ethics – Create/understand written policy to avoid conflict & confrontation including prior review & prior restraint – Consider crafting a code of ethics with your staff – Communicate with administrators to establish reputation of responsibility

Curriculum ~ Legal Issues Legal Terms Illegal Freedoms of Expression – Libel = false printed statement attacking person’s name/reputation 4 elements of libel – publication (web site is/personal note is not) – identification (easily recognized; not necessarily named) – injury (damages reputation) – fault (reckless disregard of the truth/not adequately verifying story content)

Curriculum ~ Legal Issues Legal Terms Illegal Freedoms of Expression – Invasion of Privacy = right to keep comments & activities private 5 elements of Invasion of Privacy – intrusion (unwelcome entry into private area – halls, street = public area; locker rooms, restrooms, private homes = private) – right of publicity (unauthorized use of someone’s name) – false light (true information but presented to imply something false) – private, embarrassing info (school reports & medical records are private & privileged) – Obscenity = anything community standards deems sexually arousing & offensive; lacks literary, artistic, political or scientific merit School-sponsored publications typically have higher/more conservative standards

Curriculum ~ Legal Issues Consider Plan, prepare & practice – Libel involves statement of fact not opinion – Humor is no defense for libel – Classrooms are deemed public if photographer given right to photograph from school official – Quoting without consent can be invasion of privacy – Gain written permission to reprint material – Quoting third party or minor can be invasion of privacy without proper consent – Obtain model release forms for any advertising purposes to avoid right of publicity violation – Superlatives & gag captions can be libelous

Curriculum ~ Legal Issues Copyright Controls use of intellectual property Covers: literature, music, lyrics, plays, choreography, pictures, photos, art, graphics, movies, audio/visual works Does not cover: titles, phrases, procedures, processes, systems, work of U.S. government Fair Use = portions of work not in Public Domain Public Domain = work whose copyright has expired – author’s work: 70 years after death – works for hire: 95 years after date of first publication

Curriculum ~ Legal Issues Trademarks Word, name, symbol, device or combination of used to identify a product Cannot be used for any commercial purposes Any use of trademark that confuses original quality, representation, affiliation or sponsorship & dilutes/tarnishes image of mark considered in violation Cannot use “themes” or “phrases” from commercial products to sell yearbook or as a theme without written permission

Curriculum ~ Legal Issues Policies Clearly define the roles of student editors, staff, adviser, administration & student body Consider reviewing or creating: – Editorial policy – Code of Ethics – Open forum format – Obituary policy – Advertising policy – Student photo policy – Book sales policy – Correction policy – Equipment use policy

Curriculum ~ Legal Issues Resources for More Info Student Press Law Center – Journalism Education Association – National Scholastic Press Association –