Spring 2006 - High School Censorship
Vol. XXVII, No. 2 - Page 8

High School Censorship In Brief

© 2006 Student Press Law Center

School board rejects prior review policy

INDIANA — In a victory for one high school newspaper, a school board voted in January not to take away the paper’s editorial control after it printed articles on oral sex.

In December, 2005, student reporters at Columbus North High School wrote articles about the psychological and medical risks of oral sex. The four-page spread brought both praise and criticism from readers.

Principal David Clark supported the students from the get-go, despite some critics saying the topic of oral sex was too mature for a high school audience.

“We’re pretty conservative here,” Clark said. But we “can’t hide our heads in the sand. Kids need to know the risks.”

The controversy spurred one board member to call for a vote to decide if future issues of The Triangle would have to be approved by an administrator before publication.

Kim Green, the faculty journalism adviser, said she would resign from her position if the board voted for the prior review. The board voted 5-2 against prior review, leaving the paper’s policy that gives final say to the students in place.

Student editor Nikki Shephard said the close call would not lead to self-censorship of future controversial stories in The Triangle.

“If they’re trying to scare us, they’ll have to try harder,” Shephard said.

Community reacts to principal’s banning of gay student’s column

ILLINOIS — A gay high school student’s column urging others to come out was censored from his high school newspaper in a Chicago suburb.

In September 2005, Wheaton-Warrenville high school student Stephen Delaney wrote an article for his student newspaper, The Pride, titled, “The importance of coming out.” The article dealt with Delaney’s own experience revealing his sexual orientation to friends and family and urged other homosexuals to come out.

Principal Dawn Snyder said the topic of homosexuality was appropriate for high school students, but the personal manner in which the article was written was why she cut it prior to publication.

Delaney said he thinks the decision to censor was definitely based on the sensitive subject matter and that Snyder told him to make the article more neutral and historical. That was not something he was willing to do, Delaney said.

Delaney’s article was published in the local paper, The Daily Herald, and he has since received supportive responses from community members in the town.

Michigan anti-censorship bill likely to die, press advocates say

MICHIGAN — A state bill that would protect high school newspapers from censorship is not picking up any steam more than a year after it was proposed. And the Michigan Press Association’s decision not to support the bill will not help matters, one student press advocate said.

Michigan Senate Bill 156 says that a school official or school board may not review or restrain a student publication prior to printing unless an article is obscene to minors, defamatory, an invasion of privacy or if it poses a “clear and present danger” of illegal or substantially disruptive activity.

Michigan Press Association executive director Mike MacLaren said his organization, which represents the interests of 300 Michigan newspapers, does not support the bill.

“When you go to work for a for-profit, publicly held newspaper, quite often stories are going to get spiked by the editor,” MacLaren said. “Students have to be prepared for those eventualities.”

Without the MPA supporting the bill, legislators are unlikely to support it, said Perry Parks, a member of the Michigan Collegiate Press Association board of directors and adviser to Michigan State University’s student newspaper.

And comparing school administrators to professional newspaper publishers is way off, Parks said. Both publishers and reporters have the common goal of exercising their free speech rights; administrators are not looking out for the First Amendment rights of their students, he said.

In the long run, not giving student reporters strong First Amendment rights will make for less adept professional journalists, Parks said.

“If you’re thinking long term and you’re a publisher in Michigan, you want people to come and work for your newspaper who know how to challenge authority, write about sensitive issues and make a difference,” he said.

Student newspaper cannot run political ads, school says

NEW YORK — After an anti-military ad ran in Warwick Valley High School’s student newspaper, the school board voted in March to limit ads to those selling a product, not a political idea.

According to a new rule adopted in February by the Warwick Valley Board of Education, advertisements appearing in the student newspaper, The Survey, “must be limited to products and services.”

While it does not state it specifically, the new rule would ban ads from anti-war groups, military recruiters, Planned Parenthood, Right to Life and any student or community member campaigning for office.

The ad that prompted the vote was a full-page photo of tombstones with the bold, white message: “You can’t be all you can be if you’re dead. There are other ways to serve your country. There are other ways to get money for college. There are other ways to be all you can be. Think about it before you sign your life away.”

Board President Michael Meinhardt said he does not think the policy infringes on free speech rights.

School board sorry after censoring biting student editorial

ILLINOIS — A school board apologized in March for halting distribution of a high school student newspaper and gave the OK to pass out the paper, which contained an editorial critical of a school board member.

District 158 board member Larry Snow caught wind that Huntley High School’s student newspaper was planning on publishing an editorial in their March edition questioning why he was speaking out against a tax referendum in a neighboring district.

According to Interim-Superintendent Robert Hammon, Snow called him and demanded that issue not print. Hammon let the issue print, but did not allow students to distribute the issue until after the board met.

At that meeting, board members voted to let students distribute and apologized for the delay.

Snow denied having a problem with the editorial. After the meeting, he said, “there was really nothing wrong with the editorial.”

Both Snow and Hammon said a student newspaper “absolutely” should have the freedom to criticize public officials.

Censuring the censors: high school officials receive Muzzle Awards

What do school administrators at Oak Ridge High School in Tennessee, Wellington High School in Florida and Troy High School in California have in common with heavy-hitters like the Department of Justice and President Bush?

All are governmental bodies that stomped on free speech rights in a major way during 2005, according to the Thomas Jefferson Center for Free Expression, who awarded them the dubious “Jefferson Muzzle” awards in April.

The awards, which began in 1992, are meant to point out particularly severe lapses in protecting the First Amendment. School officials make the list almost every year.

“We feel it is just as important to give Muzzles to high school administrators because these are the people who are teaching the next generation of citizens a terrible lesson in civics,” said Josh Wheeler, assistant director of the Thomas Jefferson Center.

Becky Ervin, principal of Oak Ridge High School, earned herself a muzzle for recalling 1,800 copies of the student newspaper in January because she felt articles discussing tattoos, body piercing and birth control were too mature for high school students.

At Wellington High School, Principal Cheryl Alligood pulled copies of the student newspaper in February because it contained articles about sex and virginity. Alligood made students reprint the issue without a student-written sex column. Students were told they would be suspended if they were caught with the sex column issue.

At Troy High School, school officials fired a student editor from the student newspaper after she wrote profiles on three gay students discussing their decisions to come out to friends and family.

Court OKs school’s censorship of ‘No Nazis’ patch

NEW HAMPSHIRE — Administrators did not violate a student’s free speech rights when they suspended him for wearing an anti-Nazi patch to school, a federal district court ruled in March.

Paul Hendrickson, a senior at Kingswood Regional High School in Wolfeboro, first wore the patch in March 2005. The patch featured a swastika with a line drawn through it.

According to the lawsuit the school district filed against Hendrickson, Hendrickson was a member of the “gay students,” which is a rival group of the “redneck” or “homophobe” group. The two groups taunted each other and made threats during the 2004-05 school year, according to the lawsuit.

There was indication that members of the redneck group were interested in Adolf Hitler and occasionally greeted the gay students with Hitler’s strong-arm salute, according to the court decision.

Fearing Hendrickson’s patch would lead to escalated hostility or even school violence, administrators asked Hendrickson to remove the patch. He was suspended after he refused to remove the patch.

District Superintendent John Robertson said suspending Hendrickson did not stifle his First Amendment rights and that it was a “safety issue.”

But Hendrickson’s attorney, Stephen Borofsky, said he does not buy that reasoning.

“Just because there’s tension in the school, that doesn’t mean you do away with the First Amendment,” he said. “The First Amendment has to live with the tension, and it’s the administration’s responsibility to see that it does.”

Case: Governor Wentworth Reg’l Sch. Dist. v. Hendrickson, No. Civ. 05CV-133-SM, 2006 WL 658936 (D. N.H. March 15, 2006).

Principal censors student’s choking game article

PENNSYLVANIA — A high school journalist who wanted to inform other teens about the dangers of playing the “choking game” was told by administrators in February that running the article might be too dangerous.

Danielle Hibler, a student at Canon-McMillan High School in Canon, Penn., wrote an article titled, “A dangerous game exposed,” which detailed the death of a 15-year-old girl from Kansas who died while cutting off her air supply as a means of getting high.

Principal Linda Nichols did not allow the article to run because she said printing such a story might spur copycats. She also said the article was medically inaccurate and that parents — not a student newspaper — should discuss the choking game with kids.

The Pittsburgh Post-Gazette ran Hibler’s article on March 12. In late April the article was sent home to parents and might be allowed to run in the student paper in early May, Hibler said.

Suspension for ‘Bong Hits 4 Jesus’ poster violated student’s rights, court says

ALASKA — A high school student’s First Amendment rights were violated when he was suspended for holding a “Bong Hits 4 Jesus” banner at a parade near his school, a federal appeals court ruled in March.

Joseph Frederick, a student at Juneau-Douglas High School, displayed the banner in an effort to attract TV cameras as the Winter Olympic torch relay was passing the school in 2002. Principal Deborah Morse grabbed the banner from Frederick and suspended him for 10 days.

Frederick has said the phrase “Bong His 4 Jesus” was meaningless and funny. But Morse has argued the term “bong hits” promotes marijuana use, which contradicts the school’s drug-free mission.

Speech taking place outside of the classroom cannot be censored simply because it conflicts with a school’s educational mission, the court said.

Not only was the principal wrong in punishing Frederick for his speech, but also she should have known better, the appeals court said.

“This is no case of ignorance,” the decision said. “The law was clear and Morse was aware of it.”

Frederick’s lawyer, Douglas Mertz said the decision reinforces that students have free speech rights that school officials cannot infringe upon.

“It solidified what the law has been all along,” Mertz said. “That government officials may not decide for themselves what speech is offensive and contrary to public opinion.”

A petition filed by the school for rehearing before a full panel of 9th U.S. Circuit Court of Appeals judges was denied April 18.

Case: Frederick v. Morse, 439 F.3d 1114 (9th Cir. 2006).

Student’s anti-gay T-shirt not protected by First Amendment

CALIFORNIA — A federal appeals court ruled in April that a school district was justified in barring a student from wearing a T-shirt with anti-gay statements.

In a 2-1 decision, the 9th U.S. Circuit Court of Appeals held that officials at Poway High School in Poway, Calif., did not violate student Tyler Harper’s First Amendment rights when they forbade him from wearing a T-shirt that said, “Homosexuality Is Shameful” at school.

School officials can restrict what students wear to avoid violating the rights or well being of vulnerable student populations like gay students, the decision said.

The dissenting opinion asserted that school officials were wrong to censor Harper because there was no evidence gay students were harmed by his wearing of the T-shirt, which also said, “Be Ashamed, Our School Embraced What God Has Condemned.”

Robert Tyler, an attorney representing Harper in the case, said he would petition immediately for an en banc re-hearing, where the entire panel of circuit judges is called to re-hear and rule on the appeal. He said he is also considering taking Harper’s case to the U.S. Supreme Court.

Case: Harper v. Poway Unified School Dist., No. 04-57037, 2006 WL 1043082 (9th Cir. Apr. 20, 2006).

Student sues for right to wear Confederate flag clothing

SOUTH CAROLINA — A 15-year-old high school student sued a school district in March for disciplining her for wearing a Confederate flag T-shirt to school.

In an article in The Charlotte Observer, the student, Candice Hardwick, said she was forced to change clothes or turn her shirt inside-out when wearing clothing at school that featured the Confederate flag, a symbol that some say is racist.

In a press release, the Latta School District said Hardwick’s wearing of the flag “disrupted the education environment,” and that Confederate flags have sparked racial tension among district students in the past.

“The school was denying her freedom of speech,” said Roger McCredie, director of the Southern Legal Resource Center, which is representing Hardwick and her family in the case. The Southern Legal Resource Center is a civil rights legal organization based in North Carolina that addresses cases that deal with Southern heritage and culture.

Hardwick’s lawsuit seeks to change the school’s dress code policy, expunge her disciplinary record and obtain unspecified monetary damages.




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