The First Amendment and Oregon Student Journalists Allison Marks, Adviser THE FOREST Forest Grove High School

The First Amendment  Religion  Petition  Assembly  Speech  Press

High School Students and the First Amendment  75% of students say they don’t know how they feel about the First Amendment, or they take their First Amendment rights for granted  45% of students say the First Amendment “goes too far” in the rights it guarantees  49% of students say newspapers should not be allowed to publish stories without government approval  74% of high school principals think Americans do not appreciate the First Amendment as much as they should Source: Knight Foundation 2004/2005 study of 112,000 high school students, 8000 teachers, and 500 principals

Unprotected Speech  FIGHTING WORDS: speech that inflicts injury or tends to incite an immediate breach of peace  Incites violence  Incites hatred  Incites imminent lawless action  Concretely advocates for force or law violation  “Offensiveness” does not qualify

Unprotected Speech  LIBEL: printed communication that exposes a person to shame, public hatred, ridicule, or disgrace and damages a person’s reputation in the community or injures the person’s livelihood Four Components of Libel:  PUBLICATION  IDENTIFICATION  HARM  FAULT (doing something you should not have done OR not doing something you should have done)

Unprotected Speech  OBSCENTITY: (1) Whether the average person applying contemporary community standards would find the work—taken as a whole— appeals to a minor’s prurient interest in sex (i.e. the work as a whole incites lustful thoughts or desires within minors); (2) Whether the work—taken as a whole—depicts or describes sexual conduct in a patently offensive way (as defined by state law); (3) Whether the work—taken as a whole—lacks serious literary, artistic, political, or scientific value Note: Vulgar words are not obscene.

Unprotected Speech  INVASION OF PRIVACY: (1) Public disclosure of private or embarrassing facts that humiliate or seriously offend; (2) Unflattering portrayal of a person as someone/something (s)he is not; (3) Intrusion despite a reasonable expectation of privacy; (4) Misappropriation, which is the unauthorized promotion of a product or service

TINKER STANDARD Tinker vs. Des Moines Independent Community School District (1969): Students do not shed the constitutional rights to freedom of speech or expression at the schoolhouse gate

TINKER STANDARD RESRICTED SPEECH:  Fighting words, libel, obscenity, invasion of privacy, and…  Speech that materially and substantially disrupts normal school activities or invades the rights of others  Must be a physical disturbance  Administrators must prove the speech is reasonably likely to cause a physical disturbance

TINKER STANDARD ACCORDING TO THE SUPREME COURT, “Student expression may not be censored merely because school officials dislike its content or because it offers harsh criticism of them or school policies. Nor is the fact that the speech sparks controversy or heated debate sufficient grounds for censoring it.”

Oregon Freedom of Expression Law  In addition to the First Amendment, states can provide additional free speech protection for their citizens by enacting state laws or regulations.  The Oregon Freedom of Expression Law is such a provision and provides student journalists attending Oregon public high schools and colleges with added protection against administrative censorship. “AN ACT relating to student journalists; and declaring an emergency. Whereas the Legislative Assembly finds that freedom of expression and freedom of the press are fundamental principles in our democratic society granted to every citizen of the nation by the First Amendment to the United States Constitution and to every resident of this state by section 8, Article I of the Oregon Constitution; and Whereas these freedoms provide all citizens, including students, with the right to engage in robust and uninhibited discussion of issues; and Whereas the Legislative Assembly intends to ensure free speech and free press protections for both high school students and students at institutions of higher education in this state in order to encourage students to become educated, informed and responsible members of society; now, therefore, Be It Enacted by the People of the State of Oregon.”

Spiderman Code aka ETHICS “With great power comes great responsibility !” Legally, you can print it… But, ETHICALLY, should you?

What would you do? Would you include these photographs?

What would you do? Would you include this photograph?

What would you do? Would you include these photographs?