Spring 2009 - College Censorship
XXX, No. 2 - Page 30
Trying not to forget
Keeping memories of censorship alive tough with constant newsroom turnover
© 2009 Student Press Law Center
By Lisa Waananen
It has been five years since Kansas State University administrators fired
the adviser of the student newspaper, alleging it had not printed enough
coverage of diversity events. It has been five years since Daily
Collegian editors Katie Lane and Sarah Rice filed a suit against Kansas
State claiming the Manhattan, Kan., school violated their First Amendment
rights. It has been five years, and most journalists who edit and work in the
Collegian newsroom these days do not even know it happened.
In the collective memory of an ever-changing college newsroom, five years
is a long time.
"I was editor my last semester, and by that time there was just a
handful — less than 10 people — who had been there at the same
time," Rice said. "By the time I graduated there was barely anybody
left that would even remember the initial incident."
Constant staff turnover may be a fact of life at student publications, but
it puts student journalists at a disadvantage when facing censorship and other
conflicts. In the Kansas State case, the 10th U.S. Circuit Court of Appeals
ruled in 2007 that Lane and Rice did not have standing as plaintiffs
specifically because they were no longer students. In relying on graduation
rather than the First Amendment, it was a high-profile conclusion that mirrored
dozens of smaller student media conflicts that get swept into the cracks between
semesters.
Mark Goodman, the Knight Chair in Scholastic Journalism at Kent State
University and former executive director of the Student Press Law Center, said
it is important to recognize this as a weakness of student news
organizations.
"Because you've got student editors who turn over every year,
or in some cases every semester, you do have challenges that are not confronted
by publications with staffs that remain for much longer," he said.
It was not until University of Northern Colorado Mirror
Editor-in-Chief Christina Romero happened across court documents in her office
filing cabinet last summer that she learned the details of lawsuits filed by
former Mirror editors in 2004. But those editors had her and other
future-editors in mind when they sued the student government for open meetings
violations and the board of trustees for approving a 40 percent funding cut for
the Mirror proposed by the student government.
The Mirror won both cases — the resulting agreement means the
newspaper now has a contract directly with the university for its funding, and
Student Representative Council members have open meetings law training every
year.
"We knew that the changes needed to happen and it needed to be a
long-term solution, which is why that agreement was written the way it
was," said Heath Urie, who was the incoming editor-in-chief when the
lawsuits were filed.
Romero told section editors about the lawsuit, but she said it is not
something she tells staff members unless they ask about it.
"The Mirror fought for its freedom in order to provide UNC the
best information available, not to gloat about being right," she said in
an e-mail.
Urie said he is glad to know the lawsuit still has an effect, though he
understands the memory will fade as each year's editors leave their
college years behind.
"I certainly hope they are remembering what happened when I was there
and are able to apply the results of that lawsuit," he said. "But I
think there's just that reality that we move on from those
things."
It is a reality that challenges editors of the Daily Orange, the
completely independent student newspaper at Syracuse University in Syracuse,
N.Y. Former Editor-in-Chief Tito Bottitta has been gone for more than five years
now, but some of his ideas to strengthen institutional memory are still in
place.
Bottitta had only been top editor for a few weeks in the spring of 2002
when the newspaper published a cartoon, intended to depict a robber wearing a
dark-colored ski mask, that some people at Syracuse saw as racist. A history of
racially insensitive cartoons had earned the D.O. the nickname
"Daily Oppressor" among some campus groups. One cartoon depicting
the student body's black president led to protests on the Daily
Orange's lawn the spring before Bottitta started at Syracuse.
"I remember being kind of shocked to learn, oh, that happened the
semester before I got there. That happened within months of my setting foot on
the campus," he said. "I think the paper was sort of ashamed of it,
so it wasn't something they made a big a deal of or talked to the staff
enough about."
Rather than hiding the paper's shameful moments, Bottitta created the
"Don't Do This" wall near the editors' offices by
posting mistakes and controversial content from the archives. Bottitta said the
hope was that a young reporter walking by might stop and ask an older editor
about it.
"We wanted people thinking about those things when they were making
decisions, and thinking the way our readers may well be thinking," he
said.
Bottitta also started the "D.O. Palooza" tradition, which
brings D.O. alumni back to campus to lead seminars and tell stories from
way back when. It is one opportunity to talk to current students about the
lessons of the past, Bottitta said, though he no longer thinks preventing future
conflicts is possible — or beneficial.
"I still do think institutional memory is important," he said,
"but I actually think the experience of going through it is just as
invaluable."
The Daily Orange's independence means the staff is free to
learn and relearn those lessons without fear of university interference, though
it also leaves them without an adviser or permanent staff member to help pass on
knowledge. The adviser serves as the font of institutional memory at many
organizations, Goodman said, and that is what makes the Kansas State ruling so
frightening: It suggests schools can get away with reassigning advisers for
content-related issues.
In the wake of the Collegian adviser's dismissal, College
Media Advisers censured Kansas State — the advocacy organization's
most drastic action against universities deemed hostile to student journalists
and their advisers. This is one way to prevent the conflict from fading away and
make sure something positive comes out it, said Kathy Lawrence, who was CMA
president at the time Kansas State was censured and now chairs the group's
Adviser Advocate Committee. When a conflict arises, CMA advocates try to work
with the university to develop policies more supportive of student media.
"Those advisers have often by that time moved on, but what we hope to
have in place is a structure that will protect future advisers and future
students," Lawrence said.
Kansas State has worked hard to remove the censure — rewriting
student media bylaws, restructuring the board, gathering statements in support
of student media and generally strengthening the organization, Kansas State
Director of Student Publications Linda Putney said.
"Those are all very positive things, and we're glad we've
been able to do this," she said. "But we've got bruises,
too."
A CMA censure is all that remains of a standoff at Le Moyne College, also
in Syracuse, after a longtime adviser was removed almost four years ago. The
administration cited poor quality and grammar errors, but Dolphin editors
suspected the decision not to renew Alan Fischler's contract in fall 2005
was in response to controversial content. In protest, they halted publication
for more than a year.
"We were drastic from the beginning. We said we're going to
halt publication and protest what you're doing," said Andrew
Brenner, who was editor-in-chief at the time.
Finally, administrators commandeered the newspaper by disbanding the
student group and reregistering it the following day with different
students.
"The student newspaper that had been put in place as the
Dolphin really just was press releases for the school. It wasn't a
student newspaper," Brenner said.
Current co-managing editor Michael Bersani admits that the Dolphin
his freshman year was more like a newsletter as the new Dolphin staff
started from scratch.
"That first year was tough," he said. "You look back at
the paper now and you sort of cringe a little bit."
Since then, Brenner and all the former Dolphin staff members have
moved on, and Le Moyne has a new president, too. The alternative paper Brenner
started, Lemocracy, still publishes, though much of its original passion
left with its founder.
After working at the Dolphin since his freshman year and seeing the
newspaper improve each year, Bersani said he plans to step down from the top
role next year so no progress is lost in the transition to new editors.
"We're careful that once we graduate as seniors the paper
doesn't fall flat on its face," he said.
Shawn Ward, vice president for student development at Le Moyne, said the
college would certainly like to get the censure taken away, but it is not easily
done. He said the last time Le Moyne reached out to CMA they were told the
censure would not be removed unless Fischler was reinstated as adviser, so there
have not been efforts recently.
But students working at the Dolphin now are satisfied and the
newspaper is prospering, Ward said, so the censure no longer accurately
represents student media at the college.
"It reflects an incident that occurred historically," Ward
said, "but looking at the contemporary situation and looking forward, it
doesn't reflect what we're doing or where we're
going."
It is still a painful memory for Fischler, who said it has not been the
same teaching at Le Moyne since then. He has rarely looked at a copy of the
Dolphin since it resumed publishing. Brenner, too, said the conflict left
a stain on his college years and might have influenced his decisions to pursue
public policy in graduate school rather than journalism.
"It's true colleges can just wait students out. At the end of
the day they have far more power than students ever would, especially at a
private school," Brenner said. "That being said, though, I
don't think students should just give in."
At Kansas State, the ongoing lawsuit was still a cloud hanging over the
newsroom when Collegian Editor-in-Chief Sheila Ellis started reporting as
a freshman in 2005, the fall after Rice graduated. Ellis was routinely assigned
to cover the Black Student Union and events she said might not have been covered
in past years.
"I noticed I was getting a lot of the BSU stories — a lot of
the stories they weren't covering in the past," she said. "And
ironically I was the only black reporter."
Tired of getting pigeonholed for the "black beat," Ellis quit
reporting. She was approached by administrators about starting a separate
publication for minority students, but Ellis said that seemed like running away
from the problem instead of fixing it. The lack of diversity coverage was an
ongoing problem at the Collegian long before the conflicts that led to
the lawsuit, Ellis said. During her sophomore year, she discovered an old Kansas
State alternative newspaper printed by black journalists for two decades.
"They felt like they needed to do something because the student
newspaper didn't have any of their viewpoints in it," Ellis
said.
Determined to finally overcome that history, Ellis started a group for
minority students pursuing media careers, and brought along a diverse group of
reporters when she returned to the Collegian.
These days most staff members have no knowledge of the former
editors' lawsuit, Ellis said. CMA plans to remove the censure against
Kansas State soon, and the Collegian journalists have moved on.
"It's not really something that we talk about very much because
it's really not relevant anymore to us," Ellis said. "Most of
our staff writers and reporters have no idea, or have no knowledge of what
happened because it doesn't really affect us."
Former adviser Ron Johnson, who worked at Kansas State for 19 years before
moving to Indiana University as the director of student media, said the
implications of the court case should worry student journalists. He said the
real test at Kansas State will not come until the Collegian is again
confronted about its content — maybe not this semester or the next, but
someday.
Rice said it is a shame current and future Collegian staff members
will not feel connected to the paper's alumni the way she did when letters
and support poured in from past editors during the lawsuit.
"We felt like we were part of a bigger organization just because we
had all that support from people who had been there before," Rice said.
"I feel bad that those at the Collegian now probably won't
have that."
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