Freedom of the Press

Exploring the rights of journalists in a changing political landscape

February 9, 2017

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances,” according to the United States Constitution.

In several states, student publications have faced censorship, prior review or prior censorship–and this is not a truth believed to be self-evident in the Constitution. However, South does not face censorship because it is a public forum per district policy.

But, there are several people and organizations that work to make sure that student journalists can combat these restraints and work against them in the best way possible.

Frank LoMonte is one of these people. LoMonte said he is the director of the Student Press Law Center (SPLC) a nonprofit organization that works to defend student journalism at the high school and college level and its values.  

We provide legal research and referrals to volunteer attorneys for people who have any issues regarding their legal rights as journalists,

— LoMonte said.

 

In addition to properly enforcing the laws, LoMonte says the organization helps structure the laws in favor of journalists. LoMonte said the SPLC will receive two types of calls from student journalists in need of help. The first is for assistance in accessing information.

“We help people many times in preparing formal written request for records and even appealing when they get denied, so that’s a service that we offer, just walking people through the way their states laws work and using them to get records,” LoMonte said.

The second most frequent call the SPLC regularly gets is from students undergoing some type of censorship in their publication.

“Unfortunately, it is not uncommon for a school principal or superintendent to give the order not to publish controversial material,” LoMonte said. “We think that students can’t learn how to deal with controversial subjects when they’re forbidden from writing or reading about them, so we try our best to get those stories published. Sometimes that means sending a letter to the school board or the school attorney, sometimes that means getting one of our volunteer lawyers in the local community to get personally involved.”

While LoMonte fights censorship at a broader level, Jeremy Steele battles it at the state level, serving as the executive director of the Michigan Interscholastic Press Association.

Michigan is considered a Hazelwood state, which means the ruling of the Hazelwood v. Kuhlmeier is in effect here, Steele said. The ruling entails that schools could possibly censor certain types of student free speech in the student-run publications.

Steele said that while the state of Michigan does not see massively widespread problems across the state, he still sees censorship issues coming up on a regular basis.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances

— The United States Constitution

“I would say that there is a need in Michigan for student journalist to have more protection,” Steele said. “I think the standard that we were left with, with Hazelwood, leaves a lot undefined as to how far administrators can go, and it leads to a lot of confusion among administrators and student journalist to first amendment rights.”

Steele said he still believes there is a lot to be done in Michigan to clarify the lurking Hazelwood problem and make it more clear as to what circumstances censorship can be applicable. Steele says that pending legislation could have an impact.

“In Michigan a legislation was introduced last session that would achieve those goals (prevent censorship). It died at the end of the legislative session in December, so we’ll have to get it reintroduced into the new legislative session, which I think will happen,” Steele said.

C.E. Sikkenga, director of the Journalism Education Association (JEA), agrees with Steele in that there are places all around Michigan that are not as concerned with students and their first amendment free press rights and this must change.

“Some schools and districts are incredibly supportive, other places are not as supportive, which all depend on a variety of factors,” Sikkenga said. “I think the one thing that would be wonderful in Michigan is if we could get the legislature to pass legislation that would guarantee student’s first amendment rights, and prevent censorship.”

Although, Sikkenga does not foresee any changes and admits that he feels it is a hard time to be a journalist right now, especially since the election.

“If you look at you look at surveys, people seem to have little faith in the media and journalism right now and certainly the way schools look at things and perception about the job climate in journalism,” Sikkenga said.

But, Sikkenga acknowledges that journalism will always be around and required.

In reference, to Meryl Streep’s comments at the 2017 Golden Globes, Sikkenga said, “I do think whether it’s Meryl Streep’s comments the other night or other’s like her, people are kind of reminding us that we need journalists and journalism right now more than ever.”

Sikkenga said that he advises all student journalists to continue doing their job and to continue asking questions, digging and reporting.

“I think journalism is a passion that searches for the truth,” Sikkenga said. “Find important stories that impact your community and tell them. I think that is one of the advantages the student media actually has. We’re not beholden to shareholders; we’re non-profit and enterprize, so my kids or the kids at The Tower can look for whatever stories are impactful for your community and generation and tell them.”

Like Sikkenga, LoMonte is also a firm believer that students must not censor themselves as it only helps the censorer.

“Student will often tell us that they didn’t even attempt to write about a sensitive subject because they expected it to be censored and the response to that is first you shouldn’t do the censors job for him/her,” LoMonte said. “You shouldn’t take that decision off the censor’s plate, if someone’s gonna censor you, you should make him own up to that decision, you should not anticipated being censored.”

LoMonte also tells students to surprise themselves and that they might even be able to write about big topics and to not shy away from going for the story.

“Sometimes you actually get a story published that you thought would never have a prayer of running. It’s actually pretty unpredictable what a school will or won’t stop and you’ll never know unless you try,” LoMonte said. “That’s my biggest single piece of advice, don’t refrain from pursuing an important story because you fear getting censored.”

Although, LoMonte feels strongly about change in censorship laws and the acquired respect student journalism is gaining.

I think that this country will extend towards recognizing student journalism as being valuable and worthy of protection,

— LoMonte said.

LoMonte adds that there are several pieces of legislation that have been passed and that are also currently under review regarding student journalists’ rights.

“Two states passed laws in 2016, Illinois and Maryland, strengthening the legal protection for student journalism and there are going to be at least six bills considered around the country in 2017 and likely more,” LoMonte said.

LoMonte says that there’s definitely a movement towards giving student journalism its proper status as real journalism.

“I think that part of that is because people realize that social media is so full of gossip and rumors and lies and that journalism is really a very healthy alternative. It is the antidote to online fake news,” LoMonte said. “I think that journalism is going to have it’s moment in the sun in schools. I’m much more optimistic about journalism in schools than i am about journalism as a profession.”

In order for the student journalism to be able to “bask in the sunlight,” Steele says there are a few things student journalists must do to stay protected from censorship.  

“Make sure that their producing quality, responsible, ethical journalism. If student journalist are doing good journalism, then their shouldn’t be a valid reason for any school official to step in to censor that work,” Steele said. “That includes things like: making sure people are quoted accurately, doing their research that’s needed to learn about an issue, making sure that work is free of grammar and spelling errors. If students are doing good quality work that matters in their community, then their shouldn’t be a reason for somebody to want to censor that work.”

 

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