MICHIGAN -- A
student magazine editor said he is considering his legal options after school
officials censored content in a teen pregnancy story that ran earlier this
month. ''We know it's censorship,'' said Zane
McMillin, editor in chief of The Comets' Tale, an award winning magazine at Grand Ledge High School. ''I feel
the need to pursue action against them. Now they think they can get away with
it.'' McMillin said administrators removed telephone numbers of
pregnancy counseling and abortion providing groups and changed a summary of
Michigan law dealing with abortion. The information was supposed to run
alongside a story on teen pregnancy and abortion in the May 3 issue of the
magazine. Principal Richard Pochert said school officials removed
the telephone numbers and changed the abortion law summary to comply with
Michigan law. He said school policy gives him the ability to edit the
magazine. ''All material has to have prior approval of the
faculty adviser and the school principal,'' Pochert said. ''There are
strict limitations on what schools can do regarding the dissemination of
information on agencies that perform or make referrals for
abortion.'' Pochert said if he allowed the student newspaper to
print the abortion and pregnancy groups' telephone numbers, the school
would have been out of compliance with state law. Because Pochert said the
publication is ''school sponsored,'' he said it is a representation of
the high school and the public school system as a whole. ''On
one side, that may be viewed as censoring,'' he said. ''I view it as
complying with Michigan law.'' But Jane Briggs-Bunting, an
attorney who has been advising McMillan, said the principal's
interpretation of the law is ''nonsense.'' ''There is
a prohibition in Michigan of teaching about abortion in class, but a newspaper
is not the curriculum of the school,'' she said. ''The phone numbers
they censored were from literature that the students got from the counseling
center office in the building.'' Briggs-Bunting, who is also the
director of the journalism school at Michigan State University, questioned
administrators' right to censor a magazine which students have had control
over in the past. ''This newspaper is a limited public forum and
has not been subject to prior review in more than 24 years,''
Briggs-Bunting said. ''They never pulled this sort of stuff at this school
district before.'' Although there may be a board policy that
says administrators have final responsibility for content, ''that's
absolutely not what was being practiced, and what continues to be practiced
throughout this situation,'' Briggs-Bunting said. She said when
school administrators interfere in a publication's editorial process, they
open themselves up to liability for what is published. But when the decisions
are left up to the students, the students are held responsible for their
decisions. Briggs-Bunting said Pochert ordered faculty adviser Jeremy
Van Hof to turn over The Comets' Tale for prior review at the threat of
his job. ''It's a classic case of an adviser being put
between a rock and a hard place,'' she said. ''What the school
district has done is extorted the students because of their loyalty to a good
teacher.'' Van Hof said in an e-mail that he submitted the teen
pregnancy story to administrators as a ''professional
courtesy.'' ''Ninety-nine percent of the stories the
newspaper runs are not submitted for prior review,'' Van Hof said. ''I
told the building administrators that this story was going to run. I had done so
with other controversial stories in the past, simply to give the main office a
heads-up so they would not be blindsided if any parents or students were to
complain about the article.'' Van Hof declined to comment on who
has final control over the magazine or if the magazine had been edited by
administrators in the past. Pochert said although he does not review
every issue of the magazine, he expects Van Hof to alert him of any story that
could elicit a reaction from the community. He said he would be sitting down
with Van Hof to establish a more clear prior review policy. ''I
believe very much in the First Amendment right and the freedom of the
press,'' Pochert said. ''I also know there are things that students
can put in a paper that might not be in compliance with the law or suitable for
a school sponsored publication. ''While I understand their
passion for freedom of the press, they also got a lesson: the press
doesn't just print anything and everything. It has to go through extensive
checking and be approved ... by those people that own the publication. I do
believe the students are given a lot of support and encouragement to look at
tough issues, but they also have to understand when they explore those tough
issues, those are going to be more closely scrutinized at every level,
especially when it concerns the public.'' Briggs-Bunting had a
different take: ''We're suppose to be building the next generation
for democracy. How do we do that when we are censoring them right and left? I
don't believe the principal is a certified journalism teacher, and I
don't think he should be making decisions about what is good journalism
and what is not. ''It's a sad day for Grand Ledge schools
and a blot on that principal's record.'' As for McMillan,
the student editor, he feels like he was treated like ''an ignorant
teenager'' and a ''stupid student'' throughout the
situation. ''They went behind our backs, twisted our
adviser's arm and required us to give them a copy of the story,''
McMillin said. ''I feel I've been stifled. I feel that my personal
freedom of press and speech rights have been violated. ''And there's always going to be that lingering fear now.'' --by Evan Mayor, SPLC staff writer
© 2006 Student Press Law Center