What to do when facing a forum status threat
September 12, 2008
As school officials become more sophisticated about scholastic media law or at least more aware of its implications, they might attempt to change forum policies into something less educationally valid.
Here are some suggestions, in priority order, to help you and your students if faced with such situations:
- Collect all the documentation you can find to demonstrate why you believe your publication has been operating as a designated public forum.
- Ask administrators why they are objecting to/changing your public forum status – and try to get their response in writing. Try to keep the communication channels open so you and students know the reasoning and details. Pay special attention to any statements they make suggesting their actions were in response to something students published.
- Obtain a copy of the replacement language for the policy if whoever is making/suggesting a change has such language. Ask for their sources of this language.
- Find out whether the changes come from the board of education or from administrators. If the board, did they make the changes in an open meeting, following state law? If they have not made the decision , when will they and are the changes open to discussion?
- See if you can find out, and from whom, administrators or the board receives legal assistance. Also find how, and if, these resources have handled similar cases or incidents before. Being aware of their arguments might enable you to anticipate and counter them.
- Know your state’s education codes and state student free expression laws. It is possible you have language that can protect you.
- Call the Student Press Law Center (703-807-1904) or e-mail them at splc@splc.org. Ask for guidance.
- Seek and prepare individuals and groups – from students, parents, commercial journalists and possibly even a local attorney (preferably one who understands scholastic media law) – to ask questions, voice concerns and to be observers of the process.
- Develop a process to keep the discussion about change in the public’s eyes and ears.
Although JEA’s Press Rights commission doesn’t want any student media to face censorship issues or prior review, it can happen. It is a prospect you and your students should not face alone.
By reporting instances of prior review (which JEA considers censorship and without educational justification) and overt censorship, you can help scholastic journalists identify and assist students and advisers who might not otherwise have support.