FeedFree speech enemies win yet again
February 21, 2006 in Watchdog Tags: action gorton, cartoon riots, censorship, Daily Illini, governors state university
Collegiate student journalism suffered another blow today. The U.S. Supreme court declined to review an appelate decision that gave colleges the right to censor student newspapers when the college itself prints them:
The case, Hosty v. Carter, No. 05-377, involved three student reporters at Governors State University, in Illinois, who in 2000 wrote articles in The Innovator, the student newspaper, that harshly criticized the university’s administration. A dean at the university, as the newspaper’s publisher, then demanded to review, prior to printing, all future issues of the paper. The students refused that demand and sued the university.
In 2005 the full U.S. Court of Appeals for the Seventh Circuit ruled for the university, overturning decisions by both a district court and a three-judge panel of the appellate court. In their decision, the Seventh Circuit judges cited Hazelwood v. Kuhlmeier, a 1988 Supreme Court ruling that gave high-school administrators the authority to censor publications by their students.
[snip]
The high court’s decision not to hear the appeal “may be interpreted as a green light by some college administrators,” said Mark Goodman, executive director of the Student Press Law Center, which supported the students’ appeal. Thirty organizations, including press-freedom groups and university journalism departments, had joined in filing three briefs on behalf of the students.
I wasn’t surprised a bit. Hazelwood is based on the premised that any publisher — the entity that pays the costs of printing — should have the final word on what is published. The fact that the the publisher is the government — and having the final word makes them censors — doesn’t really matter.
So where does that leave student newspapers like the Daily Illini? As a completely privately-owned for-profit entity, the DI is free from government censorship. Not to worry, the DI is perfectly willing to practice self censorship, which doesn’t trigger 1st Amendment concerns, even though is spits in the fact of free expression, diversity of opinion and the free marketplace of ideas.
It does leave University of Illinois students in the exact same position as are students at Governor’s State — with student newspapers that doesn’t place readers’ right to know at the top of the list of things to do today.
I keep telling you folks … online journalism is the way to go. It’s decentralized and inexpensive. It gives journalists the power to tell their publishers to go to Hell, and then take their take their ball and go home. The “ball” being the ability to gather the news and write it up.
If The Innovator were online, then Governor’s State University would have no say-so whatsoever. If DI editor Acton Gorton were on-line, he would be able to tell the “independent” Illini Media to go to Hell, too.
Waitaminute, he is online
Hat tip to Kevin.
February 21st, 2006 at 3:54 pm
I’m sorry _ I missed something. The reporter at the PJS who writes an article ripping management is entitled to ink how??? If the paper is being run on my dime, how am I obligated to let my reporters rip on me? There are lots more important free speech issues on campi these days.
February 21st, 2006 at 4:10 pm
The subject of “free speech” is almost always misrepresented. Here’s how it works. You, as an American, have the right to take your soap box to the corner and speak your mind. That’s it. And nobody is required to listen to you either.
The Constitution doesn’t exempt you from the consequences of your speech - which could result in your being terminated or reprimanded by your employer.
So, let’s review. You can speak (or post), but no one has to listen and there could be adverse consequences. It’s part of the deal.
February 21st, 2006 at 6:46 pm
yeah…online journalism is the way to go. Say whatever you want whenever you want. No checks and balances. No responsibility.
Wave of the future.
btw, this code things sucks. I’m on my 7th try
February 21st, 2006 at 8:14 pm
Freedom of Speech was never intended to be a blank check. There are hordes of limits including the classic “fire in a theater.” One might argue that these cartoons constitute the yelling of fire in a crowded theater.
Regardless, the 1988 Supreme Court case put limits on what schools can do with their student newspapers and therefore, this decision isn’t surprising.
February 21st, 2006 at 11:51 pm
The lack of understanding of the issues in this case - and in college press law in general - among your commenters is shocking. The 1988 case dealt with high schools, i.e., people who were not adults. Further, the concept of consequences is quite separate from the concept of prior restraint/review.
Nobody has argued that freedom of the student press does not bring with it consequences or responsibilities. The issue in Hosty was prior restraint - the censoring of publication before it was disseminated because the administrator didn’t like what was going to appear.
Further - and this is something the peoria pundit didn’t mention - the appellate case law is now hopelessly split on what level of freedom college presses should enjoy. The 7th circuit says Hazelwood may be applied. The 4th (?) circuit (including Kentucky) says college press freedom is protected from such restraints. At some point, the Supreme Court will have to step in.
The Daily Illini is hardly the only fish in the kettle on this issue. every college in Indiana, Illinois and Wisconsin is now subject to administrative “editing” if they don’t have some sort of protection. Check the Student Press Law Center for more *facts* about the case.
P.S. - the code thing really does suck. Whadya know, they invented a “captcha” that even foils human comments!
February 22nd, 2006 at 12:13 am
Bryan: First off, I’m sorry you and other readers are having problems getting past the Captcha. I know it’s a headache, but I was losing comments entirely because of other anti-spam methods. The posters weren’t even noticing. The solution is to register for the site, and accept the cookie that my site will set in yoru computer. Don’t worry. I do not collect email addresses for any purpose other than site registration.
Second, I would like to direct readers to YOUR fine blog and your post on the topic.
February 22nd, 2006 at 12:56 pm
Important issues on campi…
Evil Seeds
Just how much ideological poison will the leftist creeps who infest our educational system from top to bottom have to pour into developing minds before they succeed in their goal of destroying American civilization from within? Considering how quickly our schools are disintegrating into leftist indoctrination camps, we may be finding out within a generation or so. Walter Williams offers some hair-raising examples in a piece on Townhall.com.
Here’s Jay Bennish of Overland High School in Aurora, Colorado, educating his pupils on the topic of President Bush’s State of the Union address:
Sounds a lot like the things Adolf Hitler used to say. … Bush is threatening the whole planet. … [The] U.S. wants to keep the world divided. …Who is probably the most violent nation on the planet? The United States!
Bennish has also enlightened his 10-graders with assertions that the USA has committed “7,000 terrorist attacks against Cuba” and that “Capitalism is at odds with humanity, at odds with caring and compassion and at odds with human rights.” The Communist Manifesto is part of his class’s curriculum. He teaches geography.
It doesn’t get any better when the kids move on to college. Williams gives a few representative examples from UCLA, where history professor Mary Corey informed her class that “Capitalism isn’t a lie on purpose. It’s just a lie,” and that capitalists “are swine. . . . They’re bastard people.”
For political and economic analysis, students can refer to Andrew Hewitt, chairman of the Department of Germanic Languages, who told a class that “Bush is a moron, a simpleton, and an idiot,” and that “American consumerism is a very unique thing; I don’t think anyone else lusts after money in such a greedy fashion.”
Economics Professor Rod Swanson would likely agree, having revealed to a class that “The United States of America, backed by facts, is the greediest and most selfish country in the world.”
Undergoing politically correct indoctrination isn’t always a passive activity at UCLA. Sociology professor Terri Anderson required a class to go cross-dressed in public.
Some very unhealthy seeds are being planted and nurtured by depraved ideologues who hate this country and everything it stands for. There will be a price to be paid for letting it continue: the future.
via Moonbattery.com
February 25th, 2006 at 11:08 pm
The Communist Manifesto should be part of the cirriculum in a Geography class. The lines that are drawn on a map are subject to near constant change, and are most certainly politically motivated. Moreover, it is absolutely correct for an educator to discuss current political affairs in said class, regardless of their political beliefs or stance on a particular issue. Students should be introduced to all aspects of the spectrum of an argument, in order to glean what they think is the best, most correct position. That stands true, regardless of whether a particular stance is in line with the current government of whatever country that student lives in, especially if that student lives in the U.S.. I ifnd it repulsive to imply that these comments are inappropriate, or unAmerican, whatever that means. These comments are in fact along the same lines as those made by forefathers and patriots like Patrick Henry. Capitalism is not what makes our country great, freedom is, and without the freedom to criticze and openly discuss hotly contested issues, our country will become nothing more than the repressive regimes that we claim to despise. Mr. Bennish should be commended for speaking his mind and providing an alternative, and might i add, equally viable take on the current policies of the U.S. and how they in tandem with capitalist interests are currently, redefining the Geography of the Middle East. If these parents are afraid of the repercussions of having free thinking children,, perhaps they should have their kids reprogrammed!
March 1st, 2006 at 5:46 pm
Reading this as a student at overland high school just hurts to see how horrible this has turn into. not only does it make mr bennish look like hes a horrible teacher but also our school. i had mr bennish as a teacher last semester and i dont think i have learned that much in a class before. i had the chance to see different view points that were contriversial in our country. mr bennish always made sure to state the different oppinions to whatever we were talking about. i think he was one of the best teachers out there. hes young and entergetic. one of those teachers that actually will have fun while teaching you. yes he did say something that many people could dissagree with and he himself could dissagree with those points. he just made sure to give us all a variety of ways to look at something.
March 3rd, 2006 at 9:23 am
Sounds like all jay Bennish did was state the truth; Bush HAS threatened the entire world to either follow the US and their doctrine of hate, or suffer the consequences. That is EXACTLY what Hitler did before him; the truth really hurts, doesn’t it? Also, I’m sure we, the “poison” spreading leftists are mearly attacking bush for katrina ineptitude, for domestic spying, for being a war and hate monger, for being a hypocrite (it’s ok to have a little indescretion with Cocaine as a youth (college age), but forbid anyone smoked weed. He is a lier, a hypocrite, and inept child king, and he is, by the way, not legitimate in his presidency, he “won” by lying, and won again by playing on the fears of Americans. He should be impeached and thrown in prison.