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.
Could you quickly summarize the events that lead to each court case? Also, during your time at BASIS Gazette, were you ever faced with the issues of censorship? This sounds really interesting and I'm looking forward to your data.
ReplyDeleteThe U.S. Supreme Court first addressed freedom of speech in the context of high schools in Tinker v. Des Moines School District. Writing for the majority, Justice Fortas' opinion established that a student's right to free expression should not be restricted while in school or on school grounds. The Tinker Standard held that school administrators who impose limitations on students' free speech must demonstrate that the speech at issue "materially disrupts classwork or involves substantial disorder or invasion of the rights of others." Although the Tinker case specifically concerned a school order prohibiting the wearing of black armbands as anti-Vietnam war protest, it was widely interpreted by courts to cover all forms of student publications, including student newspapers and yearbooks.
DeleteUnder Hazelwood, high school administrators can exercise prior review and prior restraint to censor school-sponsored newspapers. In the case, the student editor and two reporters sued the school district over the high school principal's removal of two pages prior to publication of the school newspaper, which included articles on teen pregnancy and coping with divorce, as well as unobjectable articles, on the grounds that the material was unfit for an adolescent audience.
I love how this project combines an interest in law with an interest in journalism! I'd love to hear the stories of specific cases (maybe ones that have been in the news) where student journalism was censored. I'm sure there are some fascinating stories there and it'll enable readers of this blog to connect more personally with your topic!
ReplyDeleteHigh school yearbook censorship has been especially newsworthy this past year in Arizona. Two cases in particular garnered national news attention. Sabino High School in Tuscon censored its yearbook in 2014 by taping over allegedly inappropriate comments with black masking tape. Mesa High School's yearbook also was censored in May 2014 when a two-page feature spotlighting students who were teen mothers and fathers on the grounds that it glamorized teen pregnancy.
DeleteIn 2008, the Globe High School censored its student newspaper, destroying all 700 copies before distribution, because of an editorial complaining about the sullen attitude among students and teachers and the headline "Whudafxup with that," which ironically repeated the phrase used on the school's Channel One broadcast each morning.
Two student journalists scored a victory by winning the Arizona Freedom of Information Sunshine Award for fighting censorship when Thunderbird High School (Glendale) refused to publish their front page story criticizing a teacher testing program. Ten months later, the school finally published the previously censored article in 2010.
What high schools will you be surveying? It sounds like a really cool project, and I can't wait to see what you find!
ReplyDeleteI intend to survey all public high schools in Arizona, excluding charter schools. Based upon the volume of responses, I might have to limit my analysis to the counties with the highest response rate.
DeleteThis may sound silly, but what was the Hazlewood case? From what I can tell, its about freedom of speech for student journalism, but some more specifics would really help me understand this a bit better.
ReplyDeleteUnder Hazelwood, high school administrators can exercise prior review and prior restraint to censor school-sponsored newspapers. In the case, the student editor and two reporters sued the school district over the high school principal's removal of two pages prior to publication of the school newspaper, which included articles on teen pregnancy and coping with divorce, as well as unobjectable articles, on the grounds that the material was unfit for an adolescent audience. Justice White, delivering the majority opinion, applied a new test for school censorship: a school's action must be "reasonably related to legitimate pedagogical concerns." Thus, censorship does not violate the First Amendment if the school has a "valid educational purpose" for its censorship.
DeleteHi Michael,
ReplyDeleteGreat research question. I look forward to learning about it but also hearing your observations on daily life in a legal practice and perhaps some interesting cases...
Mr. Bloom
What states currently possess Anti-Hazelwood" legislation and how would this legislation protect the First Amendment rights of student journalists? What exactly would this legislation include/accomplish? Do you have any examples of this?
ReplyDeleteHazelwood has left uncertainty in its wake, moving many states and school districts to pass their own laws and regulations, expressly granting public forum protection to school publications. Seven states currently have enacted anti-Hazelwood laws: Arkansas, California, Colorado, Iowa, Kansas, and Massachusetts. The District of Columbia, Pennsylvania, and Washington have state Board of Education regulations, increasing student's freedom of the press. In these states, schools are deemed public forums, meaning they have greater First Amendment protection for student journalists, as long as it is not considered libel, obscenity, etc.
DeleteWhy not survey charter schools, such as other BASIS, and private institution?
ReplyDeleteThe First Amendment requires state action: the actions of government officials, such as public school employees. Consequently, Hazelwood does not apply to private schools. Students at private schools must rely on state statutes or school policies.
DeleteI excluded charter schools from my survey because most charter schools are not solely high schools.