EDITORIAL: Press freedom reclaimed for student journalists

Something remarkable is going on in Madison. The Republicans and Democrats in the Wisconsin Assembly, conservative and liberal representatives whose mutual aggravation is so adamant it often hinders the lawmaking process, are working together, hand in hand in the political sense, to pass an important piece of legislation. Their bipartisanship is perfect: The Assembly passed the bill on a vote of 98-0. The Senate has not yet voted, but indications from committee hearings show strong bipartisan support in that chamber as well.

The issue that is temporarily bringing warring factions of the Legislature together is remarkable in its own right. It’s freedom of the press.

The bill approved by the Assembly would protect student journalists from censorship and other forms of interference by public schools, colleges and universities. It gives back to student journalists the First Amendment guarantee of a free press. That right was taken away by a 1988 decision by the U.S. Supreme Court that allowed school officials to censor articles or prevent them from being published in school-sponsored newspapers.

When the anti-constitutional ruling was handed down, it set off alarms that are still being heard today. Seventeen states have passed laws similar to the bill in the Wisconsin Legislature to nullify the high court’s discrimination against student journalists.

The Wisconsin bill codifies that public school journalists in grades 6-12 and in the University of Wisconsin system and technical schools have “the right to exercise freedom of speech and of the press in school sponsored media.”

The bill sets forth that student journalists may determine “the news, opinion, feature and advertising content of school-sponsored media” without prior restraint by school officials. 

It prohibits school authorities from disciplining student journalists and advisers for exercising the provisions of the bill and requires school districts and the state colleges and universities to “adopt a policy related to student journalists exercising their freedom of speech and the press.” The proposed law also provides that student journalists can seek enforcement of their press rights in court.

The measure specifies that its free-press protections do not apply to articles that are libelous or obscene or violate laws. These are appropriate restrictions that mirror those that guide America’s mainstream news media.

The school free-press laws passed by the states address the historical tendency of education authorities to attempt to control the content of student news media. The Supreme Court case that gave unfortunate blessing to the practice concerned an incident in a Missouri high school that was quite typical. A principal removed pages of a newspaper produced by a journalism class before it was printed. His reason was his personal objection to news stories about teen pregnancy and divorce.

Several years after the Supreme Court decision, a Port Washington High School principal refused to allow distribution of an already printed issue of the school’s newspaper, the Pirate, because it contained an opinion column that criticized the school board.

Not until Ozaukee Press reported on the attempt to silence the student newspaper, followed by the Milwaukee Journal picking up the story and the ACLU taking notice, did the principal release the newspapers.

The Pirate, produced by a large, enthusiastic staff of students learning journalism, published hundreds of printed copies of monthly issues that were well read by students, teachers, administrators and parents.

The Pirate was an asset that, like those of a number of high schools, no longer exists. That is a loss for the schools. Student publications fill the traditional role of newspapers—informing their readers and illuminating issues that matter to them. Beyond that, they are important learning tools that benefit students regardless of what their career choices will eventually be.

High school and college newspaper experience teaches communication skills, critical thinking, the ethic of accurate reporting and the appreciation of the importance of press freedom in a democratic society. It helps students understand the difference between fact-based reporting and the intentionally misleading information warped by political agenda and conspiracy theory dispensed by some internet outlets under the guise of news.

Student journalism deserves the full protection of the First Amendment. Wisconsin can be proud that legislators of both political parties are working together to ensure it.