Russ's Ravings: Help Student Journalists Get More Protections

Editor's note: The following is Patch Field Editor Russ Crespolini's, hopefully, weekly column. It is reflective of his opinion alone.

Student journalists in public schools and colleges could soon be guaranteed freedom of expression rights and protected from administrative censorship under a bill advanced by the Assembly Education Committee sponsored by Assemblyman Hal Wirths.

And let me tell you, they need it.

I say this not only as a journalist who got his start in student newspapers but as an advisor of student newspapers who has seen first hand what various degrees of pressure, censorship and manipulation has been brought to bear on those learning the ropes in the field of media.

By prohibiting administrative censorship, the bill would essentially reverse Hazelwood v. Kuhlmeier, a 1988 Supreme Court decision that permitted school officials to exercise restraint of student newspapers.

Now, there are notable exceptions, and for good reason, in cases where a story is libelous, incites violence or constitutes an unwarranted invasion of privacy.

Besides that? Student reporters would have the right to free speech.

The bill would require public schools and higher education institutions to adopt a written policy concerning student freedom of expression in accordance with the provisions of the bill. Additionally, school employees would be shielded from retaliation for acting to protect a student engaged in freedom of expression.

This is huge, and let me tell you why.

Student newspapers develop, change and experience rebirths nearly every semester. These changes are simply because volunteer student papers have a lot of staff turnover and changes in leadership. These changes, naturally, mean that often the focus of news coverage can change greatly.

Remember, these are places to promote learning and creativity and responsibility. If one semester they want to cover tuition changes and budgets and the next semester they want to cover sports and arts your role as advisor is to help them do that to the best of their ability. Ideally, it is to get them to find a balance, but your role only extends so far. It is to advise, not mandate.

It is your job to prepare them for the consequences of what both good, and bad coverage can bring. Sometimes, it is accolades. My students have won many awards for their work. But some of that award-winning work has also put them in the bomb sights of administrators.

I know students who have been a part of "off the record" conversations in hallways where they were criticized about their coverage (unjustly) and pressured to alter their course. I have sat in on meetings where manipulation was employed to point towards a more favorable line of coverage for certain parties. I have seen advisors lose their positions over conflict with school administration. Meeting at the student press association dinner every spring, we would all share our stories and our best practices for diffusing tense situations with administrations.

Some were just ignorant of the free press and rights inherent. Some were willfully manipulative. Some were malicious. I've even seen all three traits in one person.

Many times you could diffuse a situation with education, explanation and negotiation. Sometimes, that wasn't an option.

For example, I was told once the funding for a paper would be pulled if administrators did not get the right to read copy before it went to print.

For those of you who don't know, this sort of indirect censorship is a no-no.

Now I want to be clear about this. These cases are exceptions, and not the rule. In all my years advising at multiple institutions these are not issues the majority of the time. And many times these decisions are being made by people who know nothing of journalism and are used to calling the shots in their little fiefdom. A publicly funded fiefdom, but a fiefdom nonetheless.

Now it is time for the reality check.

Up until now, there has been very little recourse for students and staff, but this bill not only provides protections from censorship, but it also provides protections against reprisals for those who stand up for their first amendment rights.

Wirth, who sponsored the bill, said it best.

“Student journalists often serve as important watchdogs by holding those in power accountable for their actions that otherwise may be swept under the rug. Unfortunately, school-sponsored media is more easily censored,” said Wirths. “This legislation upholds the principles of the First Amendment. It’s these principles that make America the land of the free. We should never be afraid to print the truth and should always encourage the freedom of press.”

I couldn't agree more.

The Assembly bill is A169. The Senate unanimously passed an identical bill, S108, on March 5. The bill now goes to the speaker for further consideration. Now is the time to contact the speaker Craig Coughlin and make sure it moves forward and ends up on the desk of Governor Phil Murphy to sign.

We can make it, so no student journalist is ever faced with the decision to compromise their principles or face reprisals for not bowing to outside pressure ever again.

They are the watch dogs of our next generation. We owe it to them.

Russ Crespolini is a Field Editor for Patch Media, adjunct professor and college newspaper advisor. His columns have won awards from the National Newspaper Association and the New Jersey Press Association.

He writes them in hopes of connecting with readers and engaging with them. And because it is cheaper than therapy. He can be reached at russ.crespolini@patch.com