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’
patchNEW 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
articlePENNSYLVANIA
— 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 saysALASKA
— 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
AmendmentCALIFORNIA
— 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
clothingSOUTH
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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