Some thoughts on the First Amendment

I ran across a couple of stories on the First Amendment today that I thought might be of interest to you that I'm passing along.

First comes this story from the Chicago Tribune, exploring the possibility that censorship is on the rise in the wake of the firing of a respected adviser in Naperville, Ill. Quoted in the story are former SPLC director Mark Goodman and current SPLC director Frank LoMonte.

"Experts are adamant that losses like (adviser Linda Kane's) reverberate and are much more foreboding. The disagreement that led to Kane's dismissal stemmed from some controversial articles on drug use among students, and experts say her firing is part of a growing trend toward censorship in high schools, a trend that erodes citizenship, even chips away at democracy in important — if almost imperceptible — ways."

That last statement rings especially true for those of who believe student journalism is at the cornerstone of teaching democracy to future citizens — both those who work on publications and those who read them — and is supported by this recent article from the First Amendment Center.

"After 12 years of censorship and regimentation, many high school students will graduate this spring with little or no idea about what it means to be a free, active and engaged citizen in a democracy.

"When they march across the stage to get their diploma, let’s hope someone slips them a copy of the First Amendment — with instructions on how to use it.

"Far too many public school officials are afraid of freedom and avoid anything that looks like democracy. Under the heading of “safety and discipline,” administrators censor student religious and political speech, shut down student newspapers and limit student government to discussions about decorations at the prom.

"Fortunately, a growing number of brave students defy the odds and take seriously what they hear about free speech in civics class."

It reiterates a lot of points many of us have made many times over the years, but it never gets old — especially since this particular piece also ran in the Spokesman-Review. (It's the top link on the Google search — that's the only way to get to an S-R article without a subscription.)

If you're hungry for more information on the Naperville issue, I suggest starting here, then going here and here.

A challenge from the state of California

Many of you out there have received the free help of the Student Press Law Center at one time or another. WJEA supports this awesome organization with a $500 donation each year, but this year, we've been challenged to raise the bar.

California's state student journalism organization has pledged $2,000 to the SPLC, and is challenging other states, including Washington, to best that figure.

A couple of WJEA members already have pledged support, and we're asking if you'd consider doing the same. If you'd like to make a pledge -- no matter how small -- you can either e-mail WJEA president Kathy Schrier with the amount and she'll send you an invoice, or you can make a direct pledge and donation online via this link.

California is a much bigger state, but wouldn't it be awesome if we could show up to Anaheim with a big check for our important friends at the SPLC?

Indiana in the spotlight again - and not the good kind of spotlight

Some of you might remember the plight of Amy Sorrell and her staff at Woodlan Junior-Senior High School in Indiana last year. Well, another case of censorship has reared its head in that state about 150 miles away in Franklin.

The staff of the Franklin Community High School student newspaper The Electron -- an uncensored open public forum for 25 years -- wrote a series of articles in a two-page spread on safe sex and sexually transmitted diseases. The principal, Craig McCaffrey, disagreed with the way the articles were written and felt there should have been more of an emphasis on abstinence. Now he wants prior review.

You can read all the details over at J-Ideas, which has reprinted an article from the local newspaper on its Web site. (Update: Here is the story from today's Indianapolis Star.) Essentially, the principal would like the ability to censor the publication because he disagreed with the content, something that is not protected even under the Hazelwood decision.

How can you make your voice heard?

If you would like to reach McCaffrey to voice your concerns about his unfounded censorship, you can reach him via e-mail here. If you would like to send a note of support to the adviser of The Electron or her staff, you can reach Carmen Mann-Lynch here. If you would like to contact the Franklin Community School Corporation's school board, you can find all five members' e-mail addresses here.

More words of encouragement

Although he elected not to hold a committee hearing on Senate Bill 6449, Sen. Adam Kline said that he still firmly believes in the mission of the bill and believes it has value (via J-Ideas):

"Freedom breeds responsibility," Kline said. "Yes, (passing the bill) is a much needed improvement--a statement of trust."

Kline also said there is nothing in the bill that he would change, and he will persist at supporting the bill, explaining, "we adults are not good at letting go."

Sen. Joe McDermott, the bill's primary sponsor, also elaborated on his planned reintroduction of the bill in 2009.

"I do believe that awareness of student press rights is important and putting this bill forward opens the communication line to create a bill that can gain agreement," McDermott said. "In the short term, I believe some people are concerned that, on rare occasion, instruction will be interrupted when student journalists touch a nerve in their community -- something I know as a legislator the press can do at times."

Take heart, Washington

Even with the news that Senate Bill 6449 has met a premature death, encouragement is pouring in for those of us who fought on its behalf.

First, this from Rep. Dave Upthegrove, who sponsored the original incarnation of the bill (House Bill 1307) last legislative session, via J-Ideas:

“We always knew it was a long-shot this year, but we felt it was important to introduce the bill in the Senate to begin the discussion in that chamber and to keep a spotlight on the issue,” Upthegrove said. “The Legislature will re-organize after the November election, and there may be new Senators and new committee assignments. We absolutely will reintroduce the bill next year.”

And then this, from Mark Goodman -- former executive director of the Student Press Law Center:

For what its worth, it was your efforts there in Washington that brought this effort back to life around the country after over a decade of dormancy. Legislators and others are talking about student press freedom as an issue of educational policy because of you folks. From the perspective of all of us watching from afar, we owe you a lot. Thanks for your hard work. Like Brian (Schraum), I believe success will come.

Student Free Press Bill dead for 2008

Sen. Adam Kline, the chair of the Senate Judiciary Committee, has declined to give Senate Bill 6449 a hearing, effectively rendering the legislation dead for the second consecutive year.

What happened? It's unlikely the bill was going to gain the necessary votes to make it out of committee in its present form -- with high schools included -- and in this short, 60-day session, bills that aren't on the fast track often get cast to the wayside.

However, as a famous man once said, this is not the end. It's not even the beginning of the end. We will all work hard to get legislation introduced next year, and the committees -- which hold so much power in the process -- likely will get shifted somewhat in 2009. Additionally, the opportunity still exists to educate your legislators in the meantime.

Here are the thoughts of Brian Schraum, the former Enumclaw High School and Washington State University student journalist who was the inspiration behind the initial bill and has worked tirelessly on its behalf the past two years:

Dear friends,

Writing this for the second time sure doesn’t make it any easier.

Today we learned that SB 6449, the latest incarnation of Washington’s student press freedom legislation, will not be scheduled for a hearing before the Senate Judiciary Committee.

I know this is disappointing. I’m disappointed too – especially that the passionate students, educators and journalists who support this bill didn’t have the opportunity to speak in Olympia again. We student press advocates are a feisty bunch. And we’re not done yet.

We’ve asked a lot of you over these last two years. We asked you to get involved. We asked you to spread the word. We asked to you to believe – to believe in the importance of this legislation and that passing it was possible.

It IS possible.

And it will happen – that much I’m convinced of. We passed this legislation in the House, and I honestly believe we came within just a few committee votes in the Senate. Next year the tune starts playing in Committee Musical Chairs, and things change. And the opportunity to educate our elected officials in this session continues.

We’ll have plenty of time to dissect this effort, to look at what went wrong and what didn’t. I’d urge you not to point the finger of blame at anyone just yet. For now, I think it’s safe to say this outcome was more political than philosophical.

So instead of growing cynical about a process that hasn’t yet been successful, I’d ask you to use that energy to thank a few folks. Thank the 18 member organizations of our state- and nation-wide coalition of folks who believe so strongly in student voices and real journalism. Thank Sen. Joe McDermott, Rep. Dave Upthegrove, Bryce McKibben of the Washington Student Lobby, Kathy Schrier of the Washington Journalism Education Association, and so many others for their invaluable contribution to this effort.

And thank the Association of Washington School Principals, which took the time (when others wouldn’t) to hear us out and realize we do more for students when we understand each other. That dialogue is the beginning of something big.

I’ll ask one thing more: don’t give up. Your efforts will matter throughout this year and into the next more than they ever have before. I’m with you. I may literally be packing up the U-HAUL and moving on down the road in life – but I’m with you on this, now and always.

Great things don’t come easy or by chance, but from the hard work of a dedicated few.

Spokesman-Review supports SB 6449

For the second time in as many years, the Spokesman-Review in Spokane has editorialized in favor of student free press legislation.

In today's editorial, the S-R endorsed Senate Bill 6449 as sound educational practice. An excerpt:

We encourage thinking from birth. Thinking -- including the comparison and evaluation of competing ideas -- is a desirable trait at any age, and we want our schools to cultivate it.

One of many logical ways for that to happen is to establish and empower student newspapers in high schools, colleges and universities. Give students a real-life experience in First Amendment freedom. ...

The proposal strikes a fair balance. Still, if it becomes law, it would be remarkable if student publications didn't sometimes cause ulcers and anxiety. It would be disappointing if they didn't.

In time, inexperienced teens develop into skilled drivers, but not without ample time behind the wheel. The same approach will help children grow into citizens.

The link is here, although you'll need a paid registration to read the article.

In the past year, most of the dailies in the state have come out in favor of the proposed legislation. Publications who have publicly supported the bill include the USA Today, the Seattle P-I, The News Tribune, and The Everett Herald. The only major daily in the state to oppose the bill has been The Seattle Times, although WJEA members refuted the Times' claims in these letters to the editor.

Senate Bill 6449 needs YOUR help!

We've been writing a lot here about the latest incarnation of the Student Free Expression Bill, Senate Bill 6449. We are confident that if it can pass its most difficult challenges in the Senate, then it will pass the House of Representatives and, pending governor approval, will be passed into law.

However, it does have some significant hurdles to get over, and that is where YOU come in.

According to Bryce McKibben, president of the Washington Student Lobby, a strong grass roots effort contacting individual senators would make a huge difference right now. Here is part of what he said in an e-mail yesterday:

We are in need of a sustained, grassroots advocacy campaign. ... What we need is for Senators Rodney Tom (in particular, pictured above), James Hargove, and Bob McCaslin to hear from teachers, parents, and student journalists -- student editors in particular -- about the bill. We need to counter the pervasive argument that there is only opposition out there. Our organization does NOT have the resources available to mobilize this important community, so we need your help there. A lot of help.

The reason those senators are so important right now is because they are considered swing votes in the Judiciary Committee. In order for the bill to have a shot at being passed, it must first make it through that committee with five of the eight committee members voting for it.

How can you help? Here are some strategies:

• Write a hand-written letter addressed to the senators above. You can find their addresses by clicking on their names above. (This tends to be the most effective method.)
  
• Send an e-mail to any of the senators above. You can do that via a form on each senator's site.
• Call the legislative hotline at 800-562-6000.
  

This bill clarifies the law with regard to rights and responsibilities of student journalists, their advisers, and school administrators. If it passes, Washington would follow in the steps of seven other states that have passed similar legislation. The current bill is nearly identical to HB 1307 that was introduced first in the House last session, where it passed, only to die in the Senate. This year, the bill was introduced in the Senate first, by Sen. Joe McDermott (34th Dist).

For a full story on the bill and further background, go to www.jideas.org.

WJEA president Kathy Schrier contributed to this report.

Update on free expression bill

The folks over at J-Ideas -- housed at Ball State University in Indiana -- have updated their Senate Bill 6449 story, and it includes quite a few relevant quotes from interested parties.

Most interesting is this quote from the Association of Washington School Principals, which vigorously opposed House Bill 1307 last year:

For this year's bill, Communications Spokesperson Jocelyn McCabe said the organization's members are talking with each other to disuss their thoughts on the bill, which generated "lots of debate" last year.

"We have been working with the WJEA since the end of session last year and have made good progress on this issue," McCabe said. "The legislation has prompted some good discussions between students, advisers and administrators about roles and responsibilities, and we’ve appreciated the opportunity to share the principal’s perspective on student press issues."

Free expression bill referred back to judiciary

All the speculation was for naught, as the Senate K-12 committee referred Senate Bill 6449 -- the Student Free Expression Bill -- back to the Senate Judiciary Committee without comment this morning.

Three of the sponsors of the bill -- primary sponsor Joe McDermott (D-Seattle), and secondary sponsors Adam Kline (D-Seattle) and Brian Weinstein (D-Mercer Island) -- are on the judiciary committee. Kline is the committee chair.

The members of that K-12 committee are as follows. Clicking on each senator's name will take you to a page where you can contact that senator. You can also look up your own district's senator by clicking here.

Senate Judiciary Committee

• Adam Kline - Chair (D-37th District, Seattle)
• Rodney Tom - Vice Chair (D-48th District, Bellevue)
• Bob McCaslin - Ranking Minority Member (R-4th District, Spokane Valley)
• Mike Carrell (R-28th District, Lakewood)
• James Hargrove (D-24th District, Hoquiam)
• Joe McDermott (D-34th District, Seattle)
• Pam Roach (R-31st District, Auburn)
• Brian Weinstein (D-41st District, Mercer Island)

Washington Post commentary takes Hazelwood to task

Given the spirit of the season with Senate Bill 6449, I thought I'd pass along this great piece that ran in the Washington Post a week ago. If only everyone in the professional media felt this way.

Writes Richard Just, deputy editor of the New Republic:

My own experiences have convinced me that today, the vast majority of students are unable to practice true journalism at their high school papers. For the past six summers, I have directed a program for about 20 high school journalists at Princeton University. All the students are talented writers and thoughtful intellectuals. Yet, by and large, they work for newspapers that are either explicitly censored or restrained by the looming threat of official disapproval -- newspapers that read more like school-sponsored news releases than true journalism. Many have been taught to write fluffy profiles of teachers and to celebrate the achievements of their sports teams; fewer have been encouraged to challenge, to criticize or to investigate. Perhaps the most important part of our program's curriculum is to help students unlearn the instincts they have acquired at their high school newspapers.

And then, the kicker -- an argument many of us have been making for years.

No high school principal would dream of telling the basketball team that it could run drills but not play games, or permit the drama club to rehearse but never to stage shows. Yet, thanks in part to Hazelwood, many high schools train their students in journalism without allowing them to truly practice it.

Bill assigned to K-12 committee; two more senators sign on

In what was an unexpected twist today, the Student Free Expression Bill -- SB6449 -- was assigned to the Senate Early Learning and K-12 Education Committee. It had been expected that the bill would be referred to the judiciary committee as it was last year.

The good news is that primary sponsor of the bill, Sen. Joe McDermott (D-Seattle), is on that committee, as is secondary sponsor Sen. Brian Weinstein (D-Mercer Island). Perhaps even better news is that the chair of that committee, Sen. Rosemary McAuliffe (D-Seattle, pictured right), has been added today as a secondary sponsor, as has Sen. Karen Keiser (D-Kent).

High schools were stripped from the bill in the senate judiciary committee last year, so perhaps a change of venue bodes well for the bill being sent to the floor.

The members of that K-12 committee are as follows. Clicking on each senator's name will take you to a page where you can contact that senator. You can also look up your district's senator by clicking here.

Senate Early Learning and K-12 Education Committee

• Rosemary McAuliffe - Chair (D-1st District, Seattle)
• Rodney Tom - Vice Chair (D-48th District, Bellevue)
• Curtis King - Ranking Minority Member (R-14th District, Yakima)
• Dale Brandland (R-42nd District, Bellingham)
• Tracey Eide (D-30th District, Federal Way)
• Mike Hewitt (R-16th District, Walla Walla)
• Steve Hobbs (D-44th District, Lake Stevens)
• Janéa Holmquist (R-13th District, Moses Lake)
• Claudia Kauffman (D-47th District, Kent)
• Joe McDermott (D-34th District, Seattle)
• Eric Oemig (D-45th District, Kirkland)
• Marilyn Rasmussen (D-2nd District, Eatonville)
• Brian Weinstein (D-41st District, Mercer Island)
• Joseph Zarelli (R-18th District, Ridgefield)
  

Coalition, Sen. McDermott announce new student press rights legislation

The arrival of the 2008 legislative session means the return of legislation aimed at affirming and protecting student free expression, as the Coalition for Responsible Student Expression and Sen. Joe McDermott (D - Seattle, pictured right) announced the introduction of Senate Bill 6449.

The bill is nearly identical to the one that was passed by the House of Representatives last year, HB 1307, before high schools were stripped from the bill in committee in the Senate.

“Gaining experience in real life journalism is an important part of the learning process,” McDermott said. “This puts students that much closer to success in their professional careers.”

Supporting the bill is the Coalition for Responsible Student Expression, made up of 16 organizations, including WJEA, and the sponsor of HB 1307, Rep. Dave Upthegrove (D - Des Moines).

“I worry about a generation growing up without an appreciation of their constitutional rights and how to exercise those rights and responsibilities,” Upthegrove said. “One of the best ways to develop an appreciation of constitutional rights is to model and apply those constitutional freedoms in the school environment. This is why I introduced legislation last year, and why I will be supporting Sen. McDermott’s bill this year.”

Also sponsoring the bill are senators Adam Kline and Brian Weinstein -- both vocal supporters of the bill last year as members of the judiciary committee -- and senators Ed Murray and Jean Kohl-Welles.

Related links:

• Student free-expression bill resubmitted in Wash. Senate (SPLC)
• Washington state Senate to reintroduce student expression bill (J-Ideas)
• SB 6449 Home Page
• SB 6449
  

Mission statement of Coalition for Responsible Student Expression

Here is the full text of the mission statement of the Coalition for Responsible Student Expression. The coalition is supporting the passage of Senate Bill 6449, the senate incarnation of a student free expression bill:

"The Washington Coalition for Responsible Student Expression believes that student journalists should strive for accuracy, fairness and balance in order to achieve and maintain credibility and to bring to the public, as Walter Lippmann said, “a view of reality upon which the citizen can act.”

"Student journalists also must be responsible to the laws that govern the press – such as libel, invasion of privacy, copyright infringement and obscenity – and should strive to maintain the highest standards of journalistic ethics. Also, their work must not materially and substantially disrupt the school day.

"At the same time, student journalists should be free of obligation to any interest other than the public’s right to know, and they should be accountable to their readers, listeners, or viewers.

"A free student press reflects the intellectual health of a vibrant, dynamic school. It helps create a respect for diversity, provides a voice for students, and establishes a link between students and school officials.

"This coalition of concerned organizations and individuals support the First Amendment rights of student journalists and a strong, robust student press, not only in Washington state but across the nation."

Members of the coalition:

• Allied Daily Newspapers of Washington
• American Civil Liberties Union of Washington
• Association for Women in Communications – Seattle Professional Chapter
• Dow Jones Newspaper Fund
• J-Ideas
• Journalism Education Association
• Kent State University Center for Scholastic Journalism
• Poynter Institute for Media Studies
• Society of Professional Journalists – Western Washington Professional Chapter
• Student Press Law Center
• University of Washington – Department of Communication
• Washington Community College Journalism Association
• Washington Journalism Education Association
• Washington News Council
• Washington Newspaper Publishers Association
• Washington Student Lobby
  

'Censoring students robs democracy'

Now, there's a headline we can all get behind. Joe Dennis, president of the Georgia Scholastic Press Association, wrote this column for the Atlanta Journal Constitution a couple of weeks ago in response to a principal's overzealous actions. (You may need to complete a free registration at the site to read it.) An excerpt:

In an era of No Child Left Behind and the standardization of education, the high school newspaper creates a rare forum where students can actually develop ideas and test their critical thinking skills. Writing a column in the newspaper requires students to thoughtfully craft their opinions, showcase them to the student body and be prepared for criticism of their viewpoints.

Instead of a lesson in critical thinking, the actions of Pitts showed East Coweta students that viewpoints different from the mainstream should not be tolerated. Instead of learning how to develop and express their viewpoints in a democracy, they learned that critical thinking is stifled if it differs from the authority's viewpoint.

It's an excellent piece citing many of the same arguments we use over and over again in justifying the educational value of journalism. And if you're curious, you can find the original columns that caused all the controversy here -- one is critical of the school, the other a satire piece. The AJC had its own response here.

More details on Everett settlement

Here's the story from the Student Press Law Center. Additionally, you can read the district's take on the settlement in its official release here.

Lawsuit against Everett School District settled out of court

Two former Everett School District students, Claire Lueneburg and Sarah Eccleston, have settled their two-year-old First Amendment lawsuit with the district just as it was set to go to trial.

Each side is claiming victory, according to The (Everett) Herald.

Mitch Cogdill, an Everett lawyer who represented the two student editors, said the young journalists got what they wanted school administration review of material prior to publication but "not subject to (administration) approval."

"I feel like this pretty much gets us exactly what we wanted," Lueneburg said. "I think we have achieved everything and this is a victory for us."

Michael Patterson, the school district's Seattle attorney, disagrees.

"They absolutely lost," Patterson said. "This is total vindication for the Everett School District."

Who's right? It's unclear.

Although there aren't a lot of details in the story, the fact that both sides claim victory seems to indicate an ambiguity that is likely to set up students, advisers and administrators in that district for more headaches in the future.

Suspended Cascade senior won't be allowed to return to school

Everett School District superintendent Carol Whitehead -- at the center of numerous student free expression controversies the last two years -- has decided not to allow David Whittemore to return to Cascade High School after he was suspended 10 days for using school computers to download files for the Free Stehekin, an underground publication.

In her decision, Whitehead said Whittemore -- who lives outside the ESD boundaries and needs a waiver to attend Cascade -- was not sufficiently remorseful and had a track record of truancy.

"He indicated no remorse for his defiant behavior, although he did state he was sorry he had been caught for his infractions," Whitehead wrote.

Whittemore said he felt he had shown remorse and had tearfully pleaded to return.

"Apparently breaking down into apologetic tears isn't a good enough sorry for a minor infraction regarding the misuse of a school computer, from which I had already been suspended for 10 days over," he said.

Oh, and the teacher who was involved is still on administrative leave as she continues to be investigated for her role.

You can read more about the background here. Whitehead also is part of the lawsuit against the ESD brought by a pair of former students which is slated to go to trial in September. Keep an eye out for that, as we'll have plenty of reporting here.

Oregon student press bill signed into law

There is hope for a student press rights bill in Washington yet, as Oregon signed its version into law on Friday:

OREGON — After a series of unexpected delays, Gov. Ted Kulongoski (D) signed a bill today that will protect high school and college student press rights in the state.

What began as House Bill 3279 will become the first state law that protects both high school and college student publications under a single statute and the first measure enacted since 1995 that protects the free press rights of high school students. Although the president of the Senate signed it on June 25, the governor did not put his name on the document until today because the legislative process became congested toward the end of the term, government officials said.

More thoughts on the Frederick decision

This one from Charles Haynes at The First Amendment Center. Most of the column is a rehash of the issues with Morse, but he closes with this gem, targeted at administrators who think the best way to control their schools is to control student speech:

From the conflicting accounts, I don’t know what actually happened at Frederick’s high school. But I do know that far too many schools mistakenly assume that the best way to maintain discipline is to control student expression. Draconian speech codes and censored school publications may create the appearance of order, but they breed alienation, distrust and rebellion.

It may seem counterintuitive, but students are far more likely to behave well in schools that take free speech seriously. Schools where students are given meaningful opportunities to express themselves – and to participate in decision-making about school rules – are schools where high school rebels like Joe Frederick have little or nothing to rebel against.