University of Kansas journalism professors Malcolm Gibson, Pam Fine and I greeted more than 100 students, three administrators, one school board member and several community members for our presentation on the First Amendment, the Kansas Student Publications Act and ethical journalistic practices.

PHS adviser Emily Smith and her students chalked the sidewalk leading up to the school’s entrance, writing out the First Amendment in its entirety, drawing a full-color Jayhawk, and greeting us by name.

After a Chicken Mary’s lunch with Pittsburg Morning Sun Editor and Publisher Steven Wade (whose paper inserts the PHS student publication into his paper), Smith led us to the school auditorium, where we had two hours to fill.

According to this article in the Morning Sun, we must have succeeded at least a little bit.

A CCHS music teacher had sought $10,000 from the school district, the principal and the newspaper adviser because of a story in the student newspaper that reported the music teacher’s practice of not submitting student audition tapes for a state music contest.

“There is not a single sentence contained in the school article which is false or known by any district defendant to be false,” judge William Rogers wrote in his decision.

The judge also added a statement about the importance of an aggressive and free student press.

“The publication of these concerns by a student author/editor in a student newspapers serves to communicate this information directly to [Churchill County School District] administrators,” Rogers wrote.

Editor Lauren Maclean has been lauded for her reporting and leadership efforts.

Of course, Nevada does not have a student publications act, such as the Kansas Student Publications Act, which guarantees students their full First Amendment rights. The Kansas law protects administrators by excusing them from liability if they follow the law and don’t censor student publications. The Kansas law also protects advisers from retaliation.

The Tinker Decision explained
The first legal decision made about student media rights to the First Amendment was in 1969 in the Supreme Court case Tinker v. Des Moines Independent Community School District. The Supreme Court decision claimed the suspension of students who wore black armbands in protest of the Vietnam War to school was unconstitutional. The Tinker decision claimed schools could censor a student’s freedom of speech only if they could prove the student’s actions were disruptive or dangerous to others.

The Hazelwood Case explained
In 1988, the Tinker precedent was superceded by the Supreme Court decision Hazelwood School District v. Kuhlmeier. The Supreme Court decided that the Hazelwood School District, located outside of St. Louis, Mo., had the right to censor newspaper stories having to do with teen pregnancy and the effect of divorce on students. This decision basically stated if the school administration could provide educational reasons for censorship, it was allowed.

Kansas Law
After the Hazelwood case, First Amendment rights were cut back for student journalists. Even though this was a Supreme Court decision, the Hazelwood decision indicates the minimum amount of press freedom that students receive, but there is the option of adding more protection on an independent basis by states. Currently, only seven states (Arkansas, California, Colorado, Iowa, Kansas, Massachusetts and Oregon) have altered their laws for high school student free speech. A bill for statewide student freedom of expression is also under consideration for Nebraska. For student journalists in Kansas, The Kansas Student Free Expression Law adds more protection against administrative censorship.

Resources
If a publication ever needs legal advice or has questions, the Student Press Law Center offers free advice and help for student journalists and advisers.

Censorship Stories: The Student Press Law Center publishes stories every week about high school students throughout the country dealing with censorship issues. Here are some recent stories to check out:

• Minnesota’s Mounds View High School’s student newspaper, The Viewer, has stopped publication of the paper until the prior review policy their administration currently has in place is lifted. The school is claiming this policy has always been in effect, but both the students and the adviser say this is the first time the administration has used it. The principal asked for papers to not be distributed because she felt one of the stories in the issue violated the privacy of two students interviewed, even though the students consented to being interviewed. To read the full story visit the the Student Press Law Center’s website at http://www.splc.org/newsflash.asp?id=2049