Adviser Update Adviser Update Spring 2017 | Page 24
PR ES S R IGH T S M IN UTE
Student Voices Gain Support
NCTE BACKING AS MORE STATES PASS PROTECTIVE LAWS
I
John Bowen
John Bowen, MJE, is an
adjunct professor at Kent
State, chair of Journalism
Education Association
(JEA) Scholastic Press
Rights Commitee and
former Dow Jones News
Fund National Journalism
Teacher of the Year. Bowen
has been a member of the
SPLC Board of Directors
and convener of the SPLC
Advisory Council and a
high school journalism
teacher and adviser.
It had been a long dry
spell for legislation to
protect student free
expression when the
John Wall New Voices Act
became law in North Dakota
in April 2015. protect student journalists
-- Massachusetts (1988),
Iowa (1989), Colorado (1990),
Kansas (1992) and Arkansas
(1995). California had similar
protection in its education
code since 1977.
Legislation to fight the
chilling effect of Hazelwood
v. Kuhlmeier was what many
states sought when the
Supreme Court decision
said administrators, under
some circumstances, could
prevent student journalists
from publishing what they
wanted. But since 2015, the push
is on. After North Dakota,
Maryland (March, 2016) and
Illinois (July, 2016) passed
such legislation. Maryland’s
appeared to breeze through
with support from the state
press association and its
executive director, who
helped teachers and students
learn the ins and outs of
lobbying and working with
sponsors.
The decision didn’t give
administrators nearly as
much power as some
believed. Publications that
were designated as forums
of student opinion were
protected, and even others
could only be censored
if there was “a legitimate
pedagogical reason.” Clearly
that wouldn’t include
criticism of cafeteria food or
factual articles about losing
football teams, but those
kinds of articles still came
until fire, so protection at the
state level was a positive step.
From the time of the
decision in 1988 until 1995,
five states passed laws to
Illinois, which had lost
an earlier battle to the
governor’s veto, was
successful this time, rallying
advisers and students from
across the state and realizing
the state’s new emphasis
on news literacy and civics
education could work in their
favor.
But those aren’t the only
states that have something
going now. Twenty-
one others are listed on
NewVoicesUSA, a site
launched by Steve Listopad,
whose students developed
the North Dakota New
Voices, and now with input
from Frank LoMonte, SPLC
director. Updates on the site
include news of favorable
passage at various levels
in some states and painful,
crippling amendments in
others.
In an effort to pool the
knowledge and share
strategies for passing such
bills, the Center for Scholastic
Journalism at Kent State
hosted State Legislation
Protecting Student Press
Freedom: New Voices on
the Move, a legislative
symposium in November
2016. Student media
advisers at both the high
school and college levels,
scholastic press association
leaders, lobbyists and others
concerned with student
voices from 17 states and the
District of Columbia spent a
day covering various aspects
that those who want to
pass such a bill in their state
should know.
The nine-part set of videos
includes panels about
success stories, state
updates, making the case
and lobbying successfully
and what to do after the law
passes.