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A Student Media Adviser's Guide to Fighting (and Surviving) Censorship
by Mike Hiestand, SPLC Consulting Attorney
© 2010 Student Press Law Center
Let Your Students Lead
At the beginning of each year, explain to your students the difficult position in
which you, as adviser, operate. You are on their side, of course. But you —
unlike the students themselves — are also a school employee. Let them know
you support them, but that they must be willing and able to take the leadership
role should it be necessary to challenge administrative action. It's their publication.
Courts have made clear that it is their legal rights — not the adviser's —
that are at stake. If a fight must be fought, it must be their fight (and ideally,
one that parents and other community members are willing to join). Also, from the
beginning it should be made clear to school officials that their battle will be
with students and parents, not you.
Avoid Insubordination
Remember that the boss is still the boss. Allowing administrators to confuse the
censorship issue with complicated labor contract and employment claims never helps.
Of course, you must follow your conscience. Censorship flies in the face of everything
that journalists and journalism educators stand for. It's tough to stomach and you
must determine your personal and professional comfort zone. But generally —
unless the acts of your superiors are clearly illegal — you must do as you
are told. Your only other options are to quit or be fired. If you believe that your
boss's actions have crossed some line you should contact your union, file a formal
grievance or seek independent legal counsel.
Get It/Put It in Writing
You must establish a paper trail. Stories change, especially once the heat is on.
Protect yourself. You should not rely on the handshake or verbal promise of an administrator.
Ask that any directive to you be put in writing. Regardless of whether they agree,
you should always send a written memo confirming your understanding of their directive
and the action you plan to take. If they have ordered you to do something with which
you disagree, note your disagreement and, if applicable, your intention to reluctantly
comply. And obviously, keep hard copies of those glowing evaluations from years
gone by.
Watch What You Publicly Say and Write
In recent years, courts have not been protective of the right of employees to criticize
their employers — even when it's deserved. This is especially true when the
matter is one of private — rather than public concern. While you have the
right to address a school board meeting about why you generally think censorship
is educationally unsound, you might find yourself in hot water if you write a letter
to the editor detailing how your principal "unfairly reprimanded" you for allowing
the publication of a story she disliked.
Put Your Union Dues to Work
If at any point you feel your job being threatened, notify your union representative
immediately if you have one . When a censorship battle becomes an employment battle,
complications can quickly set in and you need help from those with labor law experience.
Unions are paid to stick up for teachers when they are mistreated. Use yours. Once
a censorship battle has erupted, it is usually a good idea to ask that a union representative
be present for all significant meetings with administrators that involve your job
as adviser. If you are being punished for allowing your students to engage in constitutionally
protected speech, demand that the union file a formal grievance on your behalf.
Where you can't publicly speak out against the censorship or about how you are being
treated, insist that your union representative do so on your behalf. Teachers unions
have proven powerful allies in some student media battles. If your representative
is less than helpful, make some noise to union higher-ups.
Secure the Line
Be careful when using school resources to discuss your case. This is particularly
true of e-mail, which can be easily monitored by school officials. When necessary,
communicate using your private telephone or home e-mail account.
Toot Your Own Horn
Enter your publications in competition. Being able to show that a third-party has
honored your student publications and/or your work as an adviser can be very helpful
in deflecting administrative criticism.
Bring In The Pros
Establish regular contact with members of the professional local media. Bring in
local journalists as guest speakers. Ask a reporter or editor to act as an "informal
consultant" to your publication. Consider starting an internship or a "Teen Page"
program with local media. Student journalists have an obvious ally in the commercial
press. Take advantage. Once local journalists know and perhaps even take some "ownership"
in your student journalism program, the more likely they will be to support you
in your time of need.
Circle The Wagons
While it will seem at times as though it is you against the world, you have many
supporters. Any student media adviser that has been in the business for more than
a few years probably has endured a crisis or two. Seek them out. Ask for their advice.
Or at least their ear. Contact the Student Press Law Center for information about
the law (or better, have your students do so). Contact one of the national or regional
journalism education organizations for moral and practical support. There is strength
(and comfort) in numbers.