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Press Freedom at a Public College or University
State and federal courts have decided over 60 cases in the last four decades directly involving censorship of the public college and university student press. The decisions have been unanimous in their agreement that the First Amendment forbids almost all censorship of student-edited publications by school administrators.
See the SPLC Legal Brief: Student Press Freedom at Public Colleges for a summary of the law.
One of the most recent court decisions involving college press freedom was the January 2001 ruling by a 13-judge panel of the U.S. Court of Appeals for the Sixth Circuit in the case Kincaid v. Gibson. Read a history and description of the case on our Kincaid Information Page. College journalists in Illinois (but see state law below), Indiana and Wisconsin should be aware, however, that a 2005 ruling by the U.S. Court of Appeals for the Seventh Circuit involving Governor's State University raises serious questions about the legal protections afforded university-sponsored student media that allow school officials to adopt policies or practices that might interfere with student editorial control. See our Hosty v. Carter Information page.
In response to the Hosty decision, California (see below), Illinois and Oregon have enacted laws protecting the free expression rights of college and university students.
California has enacted Education Code sections 66301 and 94367, both known as the "Leonard Law," which prohibit public and private colleges and universities from engaging in prior restraint of student speech or the student press or making or enforcing any rule that would subject a student to disciplinary action for engaging in expression (on or off campus) that would be protected by the First Amendment or the California Constitution's free expression provision if it occurred off campus. Section 66301 was strengthened in 2006 to shield California students from any potential impact from the Hosty decision.
California Education Code section 76120 also protects the free speech rights of community college students.
Don't be Mooted!. One of the nation's top media law firms offers tips to student journalists about how to avoid having their case dismissed on "mootness" grounds upon graduation or transfer to another school.
Student Media Guide to Due Process Claims. The First Amendment provides important protections, but before school officials can expel, suspend or otherwise punish you, administrators must also adhere to certain rules and procedures -- also known as "Due Process" -- that, depending on your case, may require school officials provide you with, among other things; a notice of the charges, a fair hearing, a right to defend yourself and call witnesses and a right to appeal
Student broadcasters with questions should also read the SPLC's Legal Guide to Broadcast Law for Student Media.
Students with questions about stolen newspapers or other free-distribution publications should check out our Newspaper Theft Forum.
For a discussion regarding the recent trend at public colleges to create and limit certain speech activities to specific campus locations," see the SPLC's Student Media Guide to Campus 'Free Speech Zones'
Are you a college student media adviser feeling the heat? Check out our Media Advisers Page, which includes the Student Media Advisers and the Law, the SPLC's legal and practical guide for surviving the toughest job on campus.
Do you need help drafting a student media policy or publication bylaws? Check out the SPLC's Model Guidelines for College Media.
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