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Student Publication and Free Expression on Campus
- 1. Student Publication and Free Expression on Campus: A First Amendment Analysis
- 2. Purpose of the paper • Defining student expression and student journalist privileges • Identifying how student’s First Amendment rights have evolved over the years • Understand what student journalists can expect in the future
- 3. Historical First Amendment presence on campus • Public school and universities have been held to the same standard as other state-operated institutions • West Virginia State Board of Education v. Barnette (1943) marked a divergence in public school/university roles • Kozlowski (2018) writes about how the Supreme Court clarified fuller extension of First Amendment rights with Tinker
- 4. Case law • Two cases have had particular significance throughout the past several decades • Tinker v. Des Moines Independent Community School District (1969) effectively extended more complete First Amendment rights to students of public school and universities • Hazelwood School District v. Kuhlmeier (1988) essentially ruled that high school student publications that are part of curriculum or rely heavily on administration can subject to stricter censorship. • Hosty v. Carter ruled that Hazelwood set framework for how college student publications should be handled
- 5. Law review analysis • Student journalists are trapped in a legal gray area. Hu (2015) writes about an incident where student journalists did professional work but lacked legal protections • Despite the unclear protections of student journalists, Buller (2013) identifies two main categories states fall into when determining student journalist privileges • Pittman (2007) addresses how Hosty v. Carter failed to protect expression on college campuses, and what he would like to change in the future
- 6. Conclusions • Student journalism is fading into obscurity—both in legality and purpose • Student expression is still protected through First Amendment rights, but not in institutionalized student media outlets • In the future, it could useful to explore if public distrust of the media is impacting rights of student journalists