Since 1988, Massachusetts law has protected the right of public students, including student journalists, to publish and disseminate their views. The law says that student expression can only be limited in cases of disruption or disorder within the school.
This brochure, which was last updated in August 2023, provides information about the law and its impacts on student journalists, advisers and school officials. It is not exhaustive and should not be considered a substitute for legal advice. If you have specific questions about the law, please contact the Student Press Law Center’s legal hotline at splc.org/legalhelp.
Jump to:
• About the Student Press Law Center
• Executive Summary
• Public School Students
• Advisers
• School officials
• Resources
About the Student Press Law Center
The Student Press Law Center (SPLC) is an independent, non-partisan 501c(3) which works at the intersection of law, journalism and education to promote, support and defend the First Amendment and press freedom rights of student journalists and their advisers at the high school and college level. The SPLC uses the law to help students of all ages meaningfully participate in civic life and learn essential skills, ethics and values through the vehicle of journalism. The SPLC provides information, training and legal assistance at no charge to student journalists and the educators who work with them. For more information, visitwww.splc.org or contact our legal hotline at splc.org/legalhelp.
Executive Summary
Details about the law and its protections for public school students are enclosed within. To summarize, the law says:
- Students have an unabridged right to expression in public schools.
- Students have the right to write, publish and disseminate their views.
- Student expression can be limited only when it causes a disruption to the school environment.
- No expression by students is an expression of school policy.
- School officials will not be liable for any expression made or published by the students.
Other laws may also protect your speech from censorship. Contact the Student Press Law Center’s legal hotline immediately at splc.org/legalhelp/ if you are or believe you may be receiving pressure to cut, edit, or amend your student media.
Calls to the legal hotline are confidential until and unless you approve otherwise.
Public School Students
MGLA 71 § 82
Summary
The law, passed in 1988, was the first state law in the country specifically enacted to counter the impact of the U.S. Supreme Court’s Hazelwood decision, which was handed down that same year. The law says that public school student expression cannot be censored by school officials, except in certain very narrow circumstances.
School-sponsored media
The law protects from censorship expression by students, individually or as a group, and expressly protects the right “to write, publish and disseminate” student views.
This right is not diminished because the expression takes place in school-sponsored student media, which would include newspapers, yearbooks, broadcast channels, audio or video programs, literary magazines, and other forms of media that may evolve in the future.
Censorship
Censorship can take many forms, but in general it is any action that is meant to stop, dissuade, or discourage you from producing or distributing student media. Sometimes it is overt (“you may not publish this”) but sometimes there are more subtle forms of censorship. This can include, but is not limited to, requiring that a story be withheld or changed, “reviewing” a student piece until the publication deadline has passed, threats to change your grades unless some aspect of a piece is changed, outright or suggested cuts to your student media program’s funding following a controversial piece, reassignment of your adviser, or the disappearance/destruction of student media once you have distributed it. If you believe you have experienced or are at risk of censorship, contact the SPLC’s legal hotline immediately at splc.org/legalhelp/.
If a school official urges or asks you to stop, retract or amend your work, ask why. When possible, get this justification in writing. At the very least, write down all the details as soon as you can, along with the date and time of any conversations.
Prior restraint and prior review
Prior restraint is when a school official tells you that you cannot publish a story or takes action to prevent you from doing so. Prior restraint is limited by the First Amendment and this law.
School officials sometimes engage in prior review, which is where they view school-sponsored media before it is distributed. If your school officials engage in prior review and hold your student media for more than 72 hours, contact the SPLC’s legal hotline at splc.org/legalhelp/.
Unprotected speech
Under the law, school officials may only restrict student speech that causes a “disruption or disorder within the school.”
If you are concerned that your work may fall into this category, you should talk with your adviser, the Student Press Law Center, or other legal counsel. You can do this at any point in the research, production or distribution process.
While not specified in the law, school officials can also lawfully censor other forms of speech that are clearly unlawful (for example, libelous or slanderous speech, obscenity, etc.)
If your student media is censored, contact the SPLC’s legal hotline immediately at splc.org/legalhelp/.
School policy
A separate section of the law (MGLA 71 § 84) allows the board of education to adopt policies implementing the law. Your school district can also adopt a policy, which could include things like protections for your advisers and an appeal process if you are censored.
A policy can be helpful in making sure everyone has the same understanding and expectation of the student media program. A model policy is available at splc.org.
If you’ve been censored
If you believe or suspect that you have been censored or are about to be censored, contact the SPLC’s legal hotline as soon as possible at splc.org/legalhelp/. There are a range of options available to you. Whenever possible, write down the dates, times and description of events as they happen to help keep your facts in order and establish a timeline.
FAQs
What is libel? What is slander?
Libel is the publication of false statements of fact that seriously harm a person’s reputation. Slander is the speaking of false statements of fact that seriously harm a person’s reputation. If a statement is true, it cannot be libelous or slanderous, no matter how harmful it is to the person’s reputation.
What is a “disruption or disorder to the school environment”?
A disruption is anything that could so interfere with the school day as to make normal school activities nearly impossible. This is decided on a case-by-case basis, but could include walkouts, fights, interruptions to class, or harassment of teachers or students. The U.S. Supreme Court established a “substantial disruption” standard in the Tinker vs. Des Moines decision many years ago, so your administrators and advisers have plenty of practice applying it to student speech. Remember, the law does not prohibit you from reporting on these things, just from inciting them.
Isn’t freedom of the press protected by the First Amendment?
Yes, but the U.S. Supreme Court has given public schools some authority to restrict the activities of students. A U.S. Supreme Court decision known as Tinker v. Des Moines Independent Community School District allows school officials to restrict student speech in certain narrow circumstances (including if it would cause a “material disruption” in the school community or could be libelous or slanderous). Another Supreme Court decision known as Hazelwood School District v. Kuhlmeier allowed schools broader authority to censor student journalist’s speech. As a result, many school districts have censored students for reasons that have nothing to do with legitimate pedagogical concerns. Massachusetts was the very first state to reject the Hazelwood standard and protect the free expression rights of student journalists.
If my school is sued for libel because of content in our student media, who is responsible?
You. However, libel lawsuits against high school journalists are exceptionally rare. (In fact, when this brochure went to press, there had not been a single reported case in the U.S. finding a school district liable for work published by its student media.) As long as you are following standard journalistic practices you should not have to worry. This law makes clear that school officials will not be held liable for material created and published by students.
Can my adviser tell me there are problems with my article?
Your adviser may teach you English and journalism standards, and may give you feedback regarding your article including questioning if something you have written is untruthful or ensuring you are prepared for any controversy. Unless your speech falls within one of the unprotected speech categories above, however, they cannot stop you from distributing your work.
How do I know if I’m being censored?
If nobody has expressly told you “don’t publish this,” it can be easy to tell yourself you’re not being censored or that you are overreacting. Talk with your adviser, parents and the SPLC if you suspect you are receiving any pressure to hold or edit material that does not contain unprotected speech.
Can my principal ask to review something before we distribute it?
This is called “prior review,” and while it’s not expressly prohibited by this law there is certainly no need for your principal to engage in it unless they have reason to believe you are engaging in unprotected speech. In fact, the practice of mandatory prior review by administrators has been roundly condemned by every major journalism education group in the country as the wrong way to teach young journalists. If your principal asks to review your materials before publication, ask if there is anything they are concerned about. If your principal does engage in prior review and holds your work for more than 72 hours, contact the SPLC’s legal hotline at splc.org/legalhelp/.
What if my adviser or principal says something is unprotected and I disagree?
They should be able to tell you exactly why it is unprotected, including pointing to the specific disruption your work has caused. If they do not give you this information within 72 hours or you disagree with their decision, contact the SPLC’s legal hotline at splc.org/legalhelp/.
I go to a private school. Am I protected?
This law does not apply to you at this time. Private schools have more ability to restrict student speech than public schools. However, you may still be able to push back against censorship at your school. Contact the SPLC’s legal hotline at splc.org/legalhelp/ for more information.
Advisers
MGLA 71 § 82
Summary
The law says that student media cannot be censored by school officials, except in certain very narrow circumstances.
Adviser protection
Often, advisers report that censorship of school-sponsored media means professional consequences for them instead of academic ones for the student.
At this time, this law does not expressly protect student media advisers from retaliation for protecting or refusing to infringe upon your students’ free expression rights. However, you may still have a range of legal options available to you. If you feel you are being retaliated against for your students’ work, contact the SPLC’s legal hotline at splc.org/legalhelp/.
Unprotected speech
Under the law, school officials may only restrict student speech that causes a “disruption or disorder within the school.” That said, school officials could also lawfully censor other forms of speech that are clearly unlawful (for example, defamatory speech, obscenity, etc.)
Unless the student media meets these criteria, the media cannot be restricted.
If your student media is censored, contact the SPLCs legal hotline immediately at splc.org/legalhelp/.
Prior restraint and prior review
Prior restraint is when a school official tells you that you cannot publish a story or takes action to prevent you from doing so. Prior restraint is limited by the First Amendment and this law.
School officials sometimes engage in prior review, which is where they view school-sponsored media before it is distributed. If your school officials engage in prior review and hold student media for more than 72 hours, contact the SPLC’s legal hotline at splc.org/legalhelp/.
Censorship and retaliation
Censorship can take many forms, but in general it is any action that is meant to stop, dissuade, or discourage a student from producing or distributing student media. This can include, but is not limited to, requiring that a story be withheld or changed, “reviewing” a student piece until the publication deadline has passed, threats to change a student’s grades unless an aspect of a student media piece is changed, or the disappearance/destruction of student media once it has been distributed.
Often, advisers report that the censorship took the form of professional consequences for them instead of academic ones for the student. This has included loss of funding for the student media program, adviser reassignment, meetings or phone calls with administrators in which the administration’s dislike of a story is the main topic, or pressure from other teachers and school employees. If you believe you have experienced or are at risk of retaliation, contact the SPLC’s legal hotline immediately at splc.org/legalhelp/.
If your student has been censored or you have been retaliated against
Contact the SPLC’s legal hotline at splc.org/legalhelp. There are a range of options available to you.
FAQs
Can I suggest my students not run an article? What if my student produces something I suspect will be disruptive?
Contact the SPLC’s legal hotline at splc.org/legalhelp. There are a range of options available to you.
How can I ensure the law protects me in the future?
A number of state New Voices laws expressly prohibit retaliation against student media advisers who refuse to infringe on their students’ free press rights. To learn more about how to get such a law passed in Massachusetts, visit splc.org/new-voices/.
What do I do if the administration tells me to edit or stop something from being distributed?
Contact the SPLC’s legal hotline at splc.org/legalhelp/.
School Officials
MGLA 71 § 82
Summary
The law says that public school students, including student journalists, cannot be censored by school officials except in certain narrow circumstances.
School-sponsored media
The law protects from censorship any expression by students, individually or as a group, and expressly protects the right “to write, publish and disseminate” student views.
This right is not diminished because the expression takes place in school-sponsored student media, which would include newspapers, yearbooks, broadcast channels, audio or video programs, literary magazines, and other forms of media that may evolve in the future.
Prior restraint and prior review
Prior restraint is when a school official tells a student journalist they cannot publish a story, or takes any action to prevent the student journalist from doing so. Prior restraint is limited by the First Amendment, and this law.
Prior review is when a school official views the content of school-sponsored media before it is published or distributed. The practice of mandatory prior review has been roundly condemned by nearly every major journalism education group in the country as the wrong way to teach young journalists. Prior review should be avoided unless there are specific, articulable concerns that the school-sponsored media contains unprotected speech.
Unprotected speech
Under the law, school officials may only restrict student speech that causes a “disruption or disorder within the school.”
This should be based on facts articulable to the student, and not on undifferentiated fear or apprehension.
Unless the school-sponsored media meets these criteria, school officials cannot stop student journalists from producing or distributing their work.
Material and substantial disruption
A substantial disruption is anything that could so interfere with the school day as to make school activities nearly impossible. The material and substantial disruption exemption applies only if a student journalist is inciting the disruption; reporting on a controversial topic is itself not sufficient cause for restricting student speech. These are taken on a case-by-case basis, but there should be an articulable risk of disruption, informed by specific facts, including past history at the school and current events influencing student behavior.
Whenever a risk of material and substantial disruption occurs, school officials should consider all other avenues of alleviating this disruption before resorting to censorship. School officials are required to inform student journalists before the censorship occurs why the censorship is necessary and give students the timely opportunity to appeal.
Types of censorship
Under the law, school officials may only restrict student speech that causes a “disruption or disorder within the school.”
This should be based on facts articulable to the student, and not on undifferentiated fear or apprehension.
Unless the school-sponsored media meets these criteria, school officials cannot stop student journalists from producing or distributing their work.
Disruption or disorder
This language reflects the “material and substantial disruption” standard articulated in the U.S. Supreme Court’s 1969 landmark decision, Tinker v. Des Moines, which is the bedrock First Amendment standard in analyzing student speech cases. A substantial disruption is anything that could so interfere with the school day as to make school activities nearly impossible. The disruption or disorder exemption applies only if a student journalist is inciting the disruption; reporting on a controversial topic is itself not sufficient cause for restricting student speech. These are taken on a case-by-case basis, but there should be an articulable risk of disruption, informed by specific facts, including past history at the school and current events influencing student behavior.
Whenever a risk of disruption or disorder occurs, school officials should consider all other avenues of alleviating this disruption before resorting to censorship. School officials should inform student journalists why the censorship is necessary and give students the timely opportunity to appeal.
Types of censorship
Censorship can take many forms, but in general it is any action that is meant to stop, dissuade, or urge a student journalist not to produce or distribute student media. While some students have been explicitly told not to publish a particular story, others have faced more subtle forms of censorship. This can include, but is not limited to, requiring that a story be withheld or changed, “reviewing” a student piece until the publication deadline has passed, threats to change a student’s grades certain aspects of a piece are changed, outright or suggested cuts to the student media program’s funding following a controversial piece, reassignment of the student media adviser, or the disappearance/destruction of student media once it has been distributed.
Student media policy
A separate section of the law (MGLA 71 §84) allows the board of education to adopt policies implementing the law.
A policy can be helpful in making sure everyone has the same understanding and expectation of the student media program. A model policy is available at splc.org/law-library/.
If a student is unlawfully censored or an adviser retaliated against
They have a range of options available to them.
FAQs
Doesn’t Hazelwood give school administrators the right to restrict student media?
The federal First Amendment provides a “floor” of federal legal protections. States cannot pass laws that provide less protection than that required by the First Amendment, but they can always extend more protections to their residents. Massachusetts was the very first state to reject the ambiguity of the U.S. Supreme Court’s Hazelwood School District v. Kuhlmeier decision and ensure state law protection of student expression.
What do I tell angry parents when a student writes a controversial article?
The law makes clear that student expression cannot be abridged, and that student speech is not an expression of school policy. Parents certainly have the option of registering their opinion with the student editor.
If my school is sued for libel or slander, who is responsible?
The student journalist. However, lawsuits against student journalists are exceedingly rare. (In fact, as of when this brochure went to press, there had not been a single officially reported case in the U.S. finding a school district liable for work published by its high school student media.) Significantly, MGLA 71 § 82 makes clear that school officials who adhere to the law will not be held liable for material created and published by students.
Journalism standards and ethics prevent libel and slander. Schools should ensure that advisers and student journalists have adequate training and appropriate resources to thoroughly educate students on media law and journalistic ethics. Students can also reach out to the Student Press Law Center’s legal hotline for more guidance on libel and slander.
If student journalists report on rumors of a walkout, does that constitute a material and substantial disruption?
If they are simply reporting on information, no. The disruption already exists. If they are calling for a walkout and there is a history of such walkouts proving irreparably disruptive to the school, maybe. However, before resorting to the censorship of a student journalist you should consider whether the same call is already reaching students through social media and whether the work by the student journalist offers school officials an opportunity to engage in meaningful dialogue with the student body about their concerns.
Can I talk to a student journalist about my concerns relating to their article?
You can certainly help student journalists have as many facts as possible. Where the content is protected by law, however, you cannot require a student journalist to pull a story from school-sponsored media.
How can I get more information about the Student Free Expression Law and our rights and responsibilities?
Contact the SPLC’s legal hotline at splc.org/legalhelp/.
Resources
For more information or assistance on the Student Free Expression law, student press freedom, or other issues regarding student media, please contact:
