Tuesday, January 20, 2015

Introduction

Welcome to my blog. My name is Michael Appel. As a senior at BASIS Scottsdale High School, I am conducting a Senior Research Project during my final trimester. My experience as an editor of the BASIS Gazette provoked my interest in censorship of the press, in particular the application of the First Amendment in the context of America's high schools. While the U.S. Supreme Court in the Tinker case settled that students do not leave their First Amendment rights at the school door in 1969, the exact extent of students' freedom of speech has remained open to debate during the 27 years following the Court's 1988 ruling in Hazelwood.

My research project poses the question: Should Arizona enact "Anti-Hazelwood" legislation to protect the First Amendment rights of student journalists? To answer this question, I will survey Arizona public high schools about both school administrative policy and student journalistic practice regarding school censorship, in the forms of prior restraint, prior review, and punishment, to weigh Hazelwood's effect on the exercise of free speech. The survey data documenting the existence and extent of school censorship over school-sponsored publications in Arizona's public high schools will be used to evaluate the need for Arizona to adopt a state law declaring all student publications to be public forums. Researching legal precedent will contrast two landmark U.S. Supreme Court cases concerning school censorship: the robust First Amendment protection for student free expression under Tinker v. Des Moines School District, 393 U.S. 503, 89 S. Ct. 733, 21 L. Ed. 2d 731 (1969), and the severe curtailment of student free speech in Hazelwood School District v. Kuhlmeier, 484 U.S. 260, 108 S. Ct. 562, 98 L. Ed. 2d 592 (1988). An analysis of lower-court decisions interpreting Hazelwood's standard will yield a trend of increasing encroachment upon free speech in schools, directly allowing school officials wide latitude in justifying their censorship and indirectly encouraging self-censorship by the student journalists themselves. "Anti-Hazelwood" laws in seven other states will be addressed as models for Arizona.


During my internship at a law firm, I will delve into the details of the daily practice of  law. Shadowing an experienced civil defense attorney, I will be privy to the procedural and substantive aspects of the law: researching case law, filing motions, taking depositions, negotiating settlements, directing mediations, and attending trials. My status as an observer will allow me to grasp a fuller picture of the legal practice.