Q: Do high school students have First Amendment rights?
A: Yes. As the United States Supreme Court said in 1969, "It
can hardly be argued that either students or teachers shed their constitutional
right to freedom of speech or expression at the schoolhouse gate." But
the First Amendment only prohibits government officials from suppressing
speech; it does not prevent school censorship at private schools. A state
constitution, statute or school policy could provide private school students
with free speech protections.
Q: What about the Hazelwood decision?
A: Hazelwood School District v. Kuhlmeier, the 1988 U.S. Supreme
Court decision, gave public high school officials greater authority to
censor some school-sponsored student publications if they chose to do so.
But the ruling doesn't apply to publications that have been opened as "public
forums for student expression." It also requires school officials to demonstrate
some reasonable educational justification before they can censor anything.
In addition, some states (currently Arkansas, California, Colorado, Iowa,
Kansas, Massachusetts and Oregon) have passed laws that give students much stronger
free expression protection than Hazelwood. Other states are considering
such laws.
Q: What is a "public forum for student expression?"
A: A student publication is a public forum for student expression (or more accurately, a "limited" or "designated" public forum)
when school officials have given student editors the authority to make
their own content decisions. A school can do that either through an official
policy or by allowing a publication to operate with editorial independence.
Q: So if policy or practice indicates the content of my publication
is determined by students, the Hazelwood decision doesn't apply to me?
A: That's right. If a student publication is a public forum
for student expression, then students are entitled to stronger First Amendment
protection. School officials are only allowed to censor forum publications
when they can show the publication will cause a "material and substantial
disruption" of school activities.
Q: What about underground or independent student publications?
Are they protected from censorship?
A: Absolutely. Although public schools can establish reasonable
restrictions as to the time, place and manner of distribution of underground
publications, they cannot absolutely forbid their distribution on school
grounds. Under current law, a school must
show substantial disruption before they can censor an independent publication.
Q: Can a student publication be sued for libel, invasion of
privacy or copyright infringement?
A: Yes, and occasionally, albeit rarely, they are. In such cases the individual
reporter and the editor could be held legally responsible. Court decisions
indicate that a school which does not control the content of a student
publication may be protected from liability. Students need to be aware
that with press freedom does come legal responsibility.
Q: Can student reporters protect confidential news sources
or information?
A: Some states have "shield laws" and others have court-created
privileges that protect journalists from having to reveal this kind of
information. However, most states have never explicitly applied these laws
to student journalists. You should check your state law before making a
promise of confidentiality because once you make such a promise, the law
requires you to keep it.
Q: Can I use freedom of information laws?
A: Yes. Freedom of information, or "sunshine" laws, require
government agencies such as public schools to open many of their official
records and meetings to the public. These laws vary from state to state.
Every newsroom should have a copy of their state's open records and open
meetings laws.
Q: Can I use cartoon characters, song lyrics or another publication or Web site's
photographs and other material in our student media?
A: In most cases, only when you have obtained the permission
of the copyright holder. Each of these works is protected by copyright
law, which means others can use them only if they have obtained permission.
Publishing a credit line does not take the place of permission. There is
an exception to copyright law called "fair use" that can apply if you are
only taking a small amount of a copyrighted work or if you are using the
material along with a news story about it. (Keep in mind, too, that the laws are the same for material obtained from both print and online sources.)
Q: Where can I go for more information about my rights and
responsibilities as a student journalist?
A: The Student Press Law Center!
