By way of the First and 14th Amendments, state-supported universities cannot censor the student press. These schools are considered state actors and are required to support free speech.
\nBut what about everyone else? The First Amendment to the Constitution states that “Congress shall make no law…abridging the freedom of speech, or of the press….” Private colleges and university students constitute a respectable proportion of the total student population, yet press rights at those schools are not as protected because administration officials are not state actors.
\nThere are other ways, however, for private school journalists to redress censorship concerns. Sometimes logical arguments concerning the benefit of a free press or pressure from outside alumni, parents or media can influence would-be censors.
\nOften, a private university’s own bylaws or regulations indicate a legally enforceable contract that protects student free speech rights. If private schools pledge to protect free expression, they must adhere to it, despite the lack of constitutional directive.
\nFinally, every state constitution has some sort of free expression guarantee on the books. Many of these offer broader, more affirmative protection than does the U.S, Constitution. In some cases these laws could be used to protect students at private universities.
For more information on private schools and press freedom, see the SPLC’s book Law of the Student Press or check out our Press Freedom at Private Schools packeton our web site.
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For more information on private schools and press freedom, see the SPLC’s book Law of the Student Press or check out our Press Freedom at Private Schools packeton our web site.