Attempts to censor student newspapers - usually by school officials who don't like controversial content - are all-too common. That's why it's important for student newspaper editors at the high school and college level to understand press law as it applies to them.
Can High School Papers Be Censored?
Unfortunately, the answer is yes. Under the 1988 Supreme Court decision Hazelwood School District v. Kuhlmeier, school-sponsored publications can be censored if issues arise that are "reasonably related to legitimate pedagogical concerns." So if a school can present a reasonable educational justification for its censorship, that censorship will be allowed.
What Does School-Sponsored Mean?
Is the publication supervised by a faculty member? Is the publication designed to impart particular knowledge or skills to student participants or audiences? Does the publication use the school's name or resources? If the answer to any of these questions is yes, then the publication can be considered school-sponsored and can be censored.
The moral of the story? The only way to avoid censorship entirely at the high school level is to produce an underground paper that's entirely independent of the school.
Can College Papers Be Censored?
No. Student publications at colleges and universities have the same First Amendment rights as professional newspapers. The courts have generally held that the Hazelwood decision applies only to high school papers. Even if student publications receive funding or some other form of support from the college or university where they are based, they still have First Amendment rights, as do underground and independent student papers.
What About Student Publications at Private Schools?
The First Amendment only bars government officials from suppressing speech, so it can't prevent censorship by private school officials. As a result, student publications at private high schools and even colleges are much more vulnerable to censorship.
To learn more about press law as it applies to student publications, check out the Student Press Law Center.
