Both of these cases are continuing. The two former editors of the Kansas State Collegian are appealing the decision in their case to the U.S. Court of Appeals for the 10th Circuit. And the student plaintiffs in the Hosty case are petitioning the U.S. Supreme Court to consider their claims as well. Both of these cases may ultimately have a very different outcome.
Antebi sued the college for violating his rights in March under a California statue that protects free expression at private schools, a year after he was fired from his radio show and censured for sexual harassment over his on-air comments.
Former Novato High School student Andrew Smith's editorials on immigration and reverse discrimination were not protected speech, the trial court judge ruled on March 14.
Officials at the University of Texas at Austin are debating whether to appeal a federal appeals court ruling that allows students to distribute pamphlets anonymously on campus, a spokesman for the Texas Attorney General's Office said.
The claim of public disclosure of private facts is based on a Nov. 10, 2004, article printed by the student-produced Harvard-Westlake Chronicle, 'Students' online comments lead to FBI investigation.' The article named the minor Caplin and the school that he transferred to after the Web comments were posted.
The free press rights of student newspapers at private colleges have been upheld after a New York state trial court recognized that private university student newspapers are separate from their universities.
East Bakersfield Principal John Gibson viewed the spread intended to run in the April issue of the Kernal the night before it was to sent to the printer. The next day the student editors were called in to speak with school officials, who convinced them to run the spread without revealing the identities of the gay and transgendered students who had been interviewed for the piece. Later that night Gibson ordered the entire piece removed out of what he described as a concern for the safety of the students in the article, Kernal adviser Randy Hamm said.
College newspaper advisers, journalists and experts say they are approaching the Hosty v. Carter court case with a mixture of apprehension, caution and a resolve to protect the free press rights of college journalists, after a federal appeals court ruling against student journalists that could allow college officials to censor school-sponsored publications.
The 7-4 decision, handed down by an en banc panel of the U.S.
Administrators fired Ann Long from her position as editor of the Oracle because she did not receive parental consent before talking to students about their sexuality for an article that ran in December 2004.
A panel of journalists, editors and media lawyers urged members of the Senate Judiciary Committee at a hearing on July 20 to pass the Free Flow of Information Act, introduced in the spring by Rep. Mike Pence (R-Ind.) and Sen. Richard Lugar (R-Ind.) The panel testified that the law was needed to protect other journalists from what happened to Miller.