Should High School Students Have Free Speech in their School Paper?

I am long out of high school, but recently I have been studying some legal history and found something rather alarming–especially since I was active in the school paper once.

Censorship in public school newspapers is considered constitutional and has been upheld in the courts time and time again. Most school papers have a “review board” where they are allowed (sometimes expected) to examine all articles for “unwanted” content. Not just profanity or blatantly objectionable material, but also ideas that the school does not support.

They can censor criticisms of administration, racial views, religious views and virtually anything. There is nothing they can censor that is unconstitutional.

Is this acceptable?

Who owns the newspaper(s) being “censored”?

As a libertarian I’d like to say that it’s unacceptable, but as an adult I’m all for it! I don’t afford the same rights to those that have not yet reached the age of majority. To do so would imply equality, and a 15 year old is NOT equal to me, therefore does not have the same rights!
I think the age restrictions for running for congress/senate & president the founders put in the Consitution is a clue that they also were in the same line of thinking. Older age= more wisdom, thus more rights.
The school has every authority to control what the CHILDREN
are doing.

Now, someone is going to post and ask “what if one of the kids turns the age of majority”(18). That is a darn good question.

In principle I think it would be a good thing to let these papers be a model for free speech. If I were principal, I wouldn’t censor. Of course I might get fired for that too.

I understand the practical side of the matter which is that these papers are funded by the school district which has to respond to its constituents. Therefore, the paper will reflect the views of it constituents or face losing funding.
If the kids wanted to publish their own paper targeted at their peers, they’d have just as much free speech as the rest of us.

I’m a little reluctant to bring this up because my memory of the details is pretty sketchy, but I do remember that a few years ago the student staff of a high school paper produced a paper off campus because they didn’t like the censorship of the on campus paper.
They were barred from distributing it on campus.
It was a pretty big deal at the time, and I hope that somebody’s recollection of the incident is better than mine.
Peace,
mangeorge

mangeorge said:

I think I remember this happening in the metro Atlanta area about four years ago. I don’t remember the outcome, but there was a spirited debate about it in the letters to the editor section of the paper.

pkbites said:

What I find funny about all that is that the Supreme Court has no such age restrictions.

I agree that minors do not have all the rights of an adult, but perhaps granting the student paper freedom of speech would help teach the students responsability.

Until someone can show me how this might be detrimental to learning, I support it.

First off, let’s get the right in question correct. Everybody has the right to freedom of speech at all times and in all places – but that right is bounded by some very clear guidelines. Not “limited” – “bounded.” It’s an important difference. If I have the right to speak in any given circumstance, nobody has the right to limit the content of my speech, except by common consent. For example, if I am in the middle of a meeting called to deal with the problem of deer invading farmlands and eating crops, my opinion of the right to bear arms is not pertinent, and while I retain my freedom to speak of it, it’s bounded. Again, I have no right to walk into your bedroom at 2:00 AM and state my opinion of anything. And, while I have the freedom of speech to write a letter to the editor, compose a post to this board, or whatever, there are rules and regulations governing use of those media. My letter to the editor should not exceed 200 words, for example – not because he is trammeling on my freedom to speak at greater length, but because those are the common grounds under which he holds his letters-from-the-public column open to public use. My post here should refrain from being a jerk, and should conform to the uses and customs of this board.

However, having covered that, the question at hand is what freedom are we speaking of, and it is the freedom of the press. The difference is subtle but significant. And, as one cynic commented, “the freedom of the press belongs to the man who owns the press.” Just as Lib. pointed out. If you choose to exercise your freedom to speak in printed form, you are obliged to either find someone willing to publish your work, pay for its publication, or get the necessary equipment and staff to publish it yourself.

Now, if it’s the school newspaper, it is the school who is the publisher. Legally the Board of Education carries the responsibility for the publication. And for them to review the contents is not external censorship but the precise right and duty to assure that what one publishes is not actionable or raises no more controversy than one is willing to stand behind which is every publisher’s possession.

However, there is a way around this situation, which functions as effective censorship of the students even though it is not legally such, and that is to make the publishing of a school paper not an exercise in self-expression and the presentation of opinion, but in practical journalism, in which the content is governed by the readership, the publisher’s wishes, the editors’ stance, and so on. It may be a paper “for” the student body, but it is a paper “by” the school as a whole, including administration, and if the students take responsibility for assuring the content meets with an editorial philosophy jointly developed with the “publisher,” they have learned an important lesson about practical, real-life journalism (and life as a whole!). In addition, when the student editors, having “compromised” with the administration’s wishes in content on a number of issues, desire to speak out on something they feel strongly about, the administration, having worked with them and discovered their integrity, is much more likely to back them on that issue.

And pkbites…I think I may have addressed the point it appeared you were trying to make. But I cannot let your post stand. Those kids are citizens with exactly the same rights as you and I. To be sure, they are underage citizens, subject to age-specific usage of the police power, as in the mandate to attend school, to observe a curfew, and so on. But as regards their constitional rights, they are as free as you and I. (And for the record, while wisdom usually comes with age, I am quite well acquainted with a five-year-old who is wise in the strict sense well beyond his years, and I have had the dubious pleasure of dealing with some benighted and foolish young adults and middle-aged and elderly people.) That their rights may be differently bounded by parental or other supervision does not mean that they are not in full possession of their unlimited rights as citizens. For example, if Poster X has a fifteen-year-old daughter who feels strongly about this issue, and he/she lets her sign on this board and compose a controversial post in accord with board policies and usage, nobody on God’s green earth has any say over that girl’s opinion. She has her parent’s permission, and she is meeting with the requirements under which the Chicago Reader/Straight Dope authority structure holds this board open to the public. And those are the only two “people” (taking CR/SD as a corporate “person”) with a say.

Excuse me, please, Poly, but just as everyone doesn’t buy into our faith, everyone doesn’t buy into this:

As we Libertarians see it, you have the right to freedom of speech on your property, but not on mine. Likewise, I have the right to speak freely on my property, but on yours, you call the shots. I notice that you are paying more careful attention to these points these days, and for that I’m grateful.

In our philosophy, rights are an attribute of property, and freedom is the absence of coercion and fraud. Thank you are at least comprehending and respecting that.

I most certainly do have the right to freedom of speech on your property, Lib. You may not tell me what my views are or should be because I happen to be on your property.

Now, my right to exercise that freedom is delimited by your property rights. You may tell me that I may not enter onto your property; you may tell me that I may not demonstrate or make a public statement on your property; you may charge me rental for convening a public meeting on your property; and you may negotiate with me regarding the content of what I propose to say on your property, with my use of it depending on mutual agreement of the terms and conditions of my speech on your property. But you may not dictate the contents of my speech if you allow me the use of your property for purposes of exercising my freedom to speak to an issue.

Likewise, if you own the press, you may choose not to publish my polemic piece that claims that all libertarians are crypto-anarchists. And you may place reasonable limitations on what I may commit to print using your press.

Do you follow the distinction I am making? And do you accept it?

I’m not sure. It seems so complicated.

Viewing rights as an attribute of property greatly simplifies things and seems, at least in this instance, to amount to the same thing. You may use my property to speak in whatever manner I have permitted you to use it, but not in any other way. Is that what you’re saying, too?

Interesting, Lib.
Do these rights and limitations hold for owners of property open to the public for commerce, and apply to customers of that commerce? If I’m in Mc Donalds and turn to another customer ans say “This burger tastes like dog food”, does the owners agent have the right to evict me before I’ve completed what I’ve paid for?
Also, do these rights and restrictions transfer to the person who leases property from the owner? If I rent a house, do I enjoy these things instead of the owner?
These questions apply to the libertarian ideal, of course.
Peace,
mangeorge

the way I see it, there’s more than one question being asked.

Is there a legal right for the school newspaper to censor the student writer. Supreme Court holds that they Do have that right, and on a number of points. And, frankly every newspaper censors thier staff. Copy is checked for accuracy, but also for other reasons. Students are NOT the only ones subject to this. remember Mike Wallac (I think) and 60 minutes refusing to air the Cigarette piece? Certainly seems to be lots of precedent for the owners of the paper to regulate what they print. Yea, I can write a letter to the editor, but that doesn’t mean they’ll print it (althought if they continue to print the moronic letters they DO print, they certainly should print my well thought out stuff…)

Now, is there a MORAL reason to censor the students? there we get more into the freedom of speech etc. and other issues people have raised. I believe, personally, there are some cases where the moral right lies with censoring, and others when the moral right lies with not censoring.

I think we mostly would agree that a student may have a right to his/her opinion that say, a certain student is a smelly nerd, but we would agree, I think, that such a piece should not be printed in the school paper, on moral grounds of “just 'cause you don’t like little Freddie doesn’t mean you should be allowed to try and hurt him”
too, I think we may agree that a student’s piece on how to avoid getting caught selling drugs on school grounds shouldn’t be printed either. Hell, maybe not ( :D)

OTOH, a piece on how the administration of the school failed to follow their own rules, along with supporting facts/documentation… well, I think a greater lesson can be learned by all there.

How about self-censorship?

I was on my high school newspaper staff for two years. I was managing editor my senior year. Our paper was daily up until a few years ago.

This is how it worked: the staff writers were told that ideally, they needed to produce one story a week. Every week, they’d run their story ideas by me or another editor. If a story was even slightly controversial, we’d assess its appropriateness. We’d run them as opinion pieces if we had to. Rarely was there anything that would have caused an uproar, but we always had to be cautious.

While the BoE was ultimately responsible for what we printed, there never was any communication of any kind between us and them. We censored ourselves. If anyone had a problem with what we printed, they wrote letters to the editor. To me, this system worked best. No one’s freedom of speech was ever denied.

I am offended by the idea that since I was a minor at the time, I had less of a right to say what I wanted to say. The generalization that age=knows better/knows more is wrong, especially given that some of us were weeks or even days from being legally adults ourselves. You’d be surprised by the level of maturity that can come from a 15-year-old, and the lack of such maturity from a 45-year-old.

If the “free speech” we’re talking about is that guaranteed by the first amendment, my understanding is that that only refers to the government while acting as the government, meaning that the government can’t impose criminal or civil penalties on someone because of what they said. The government, however, does not always act as a government. In my case, the state is my employer. Although the state cannot impose any civil or criminal penalties on me for the content of my speech,it can certainly fire me or take disciplinary action against me for certain kinds of speech, for example disclosing confidential information about my clients,passing out political flyers while at work,making a public statement of the agency’s policies ( a speech or something like that, not a private conversation) without authorization, etc., just as any other employer can. Polycarp’s “bounded” doesn’t really fit, because in some cases the penalties apply no matter where or to whom I say this. In the school newspaper case, the school is not really acting as a government, it’s acting as a publisher, as Polycarp.

One nit, though polycarp,

If you can’t exercise a right, what good is it?Seriously, how is it that not having freedom of speech in a certain situation ( I won’t allow you to say X on my property) equivalent to being told what to think? The right to speak your views is as different an issue from the right to have them as it is from the right to act on them.

ManGeorge

Good questions.

Well, first of all, Libertarianly speaking, it is up to the owner to decide whether her property is “open to the public” or else open to some segment of the public, say, red-headed dwarfs who play chess on Tuesday.

Second, if there is a contractual implication underlying your visit to her store (in this case, that you may eat what you buy), then she is beholden to comply with her obligation. She may, however, set whatever arbitrary limits she pleases, for example, “No farting. No shoes. And no complaining about the food.” It is then up to you to accept or reject them in deciding whether you will patronize her business.

If she values her own food and shelter, she will seek to maintain an appropriate balance in dealing with people who are guaranteed a context of peace and honesty.

If you rent a house, your permissions are those specified in your lease agreement. Rights are not transferable. They were given to you by God or nature (depending on which you believe is the source of your original property, your life).

Of course. :wink:

We live in a world of generalities, AudreyK, and rules are made to fit those generalities. They have to be. Most 45 year olds are much wiser than most 15 year olds. Exceptions don’t count in many things. Exceptional students get their chance to shine in other ways.
Look around at old your high school peers. Would you really want them to run the school? Of course not.
I’ve seen what happens with “totally free” high school newspapers. They run away with themselves, and become arguments between the cliques on campus. I think that the jocks are the worse. :wink:
Peace,
mangeorge

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

Unless Congress censored the paper, this isn’t a Constitutional issue. The Bill of Rights doesn’t apply to a school newspaper, or the Atlanta Braves, or McDonalds or…
©

Lib., we’re in total agreement. To me my of saying it stresses my possession of “intellectual property” – my ideas – which you are not free to take from me, any more than I am free to take your physical property from you. However, we are in a position where decisions must be reached on the use of our two properties. I stress that you have no grounds to, say, prohibit me from expressing the ideas I hold, anywhere, including on your property. You will note, however, that I use your property by your permission (either consent or rental) and for purposes you may wish to define. Camping out in your woods and clearcutting them are two different things. Likewise, we can discuss what use I may make of your property for my speech, and (presumably) come to an agreement. However, you may not demand that I renounce a view I have elsewhere expressed; you may deny me the use of your property to express that view, or unless I agree not to deal with the subject at the meeting I propose to hold on your property. IMHO, there is a slim but crucial distinction there.

I think perhaps this answers Doreen’s point. On my own property, or in a public place, subject to any necessary “police power” rules, my freedom to speak is unfettered. (Let us, for now, avoid the nuances of pornography/public lewdness, incitement to riot, and all the other peripheral items that hedge the allegedly unlimited freedom of speech.) I do not lose that freedom elsewhere, but my right to exercise it is delimited by the property rights of the property owner. Lib. can refuse to rent a meeting hall to the American Statist Society ;), and he may choose to negotiate with them regarding the content of the meeting, but he will ultimately be faced with the choice of refusing to rent and foregoing the income, attempting to arrive at a meeting of minds with them on what their meeting will say and do, or renting to them with no limitations on their speech. He may not censor the content of their meeting except by mutual agreement, if he can negotiate one.

And yes, Audrey, your point is precisely what I was talking about, save for the fact that the school administration did not get involved. Of course editorial policy is going to be set, even if it amounts to laissez faire. Somebody is responsible for what is said – in the case at hand, courts have held that the Board of Education is ultimately responsible for the content of a school newspaper, and therefore exercises some control of content. They function as publisher, not as censoring government. (Needless to say, faced with a student opinion piece harshly critical of them, they would probably switch hats quickly in reality.) Everybody exercises self-censorship (except for a few posters who really ought to!! :D) What I say online to you is subject to the second thoughts that, nah, that point is not really important to answer her question, that sentence is a little too harsh, and hey, this example makes my meaning really clear (in my opinion anyway)!

Thanks, Lib.
Big macs do taste like dog food. :wink:
Peace,
mangeorge