Testimony by Journalism Student Sarah Allen

Tuesday, May 29, 2007

The Honorable Ginny Burdick

Senate Judiciary Committee

Re: Support for House Bill 3279

Madam Chairwoman and Members of the Committee:

Thank you for this opportunity to testify in support of House Bill 3279.

I am not old enough to recall a time when students had more press rights than today, but my father, a media teacher for 27 years, remembers a time before administrators could cut a story simply because they feared controversy. He says the 1970s and early 1980s were times of relative freedom for student newspapers to publish articles on a wide range of controversial topics. In that time, student journalists were subject to the same responsibilities as professionals: students learned to exercise their First Amendment rights and avoid illegal and unethical conduct.

Today, students are subjected to prior review and censorship if school officials deem a story “too controversial” or “unsuitable for immature audiences.” Administrators across America have censored topics, including racial issues, student drug abuse, teacher contract negotiations and school board elections. I feel fortunate that my current principal at Century High School supports student press rights and trusts the professionalism of our media advisors to accurately determine what it is legal and ethical to publish. This, however, has not always been the case at my school. In the recent past, the Jagwire, our school newspaper, was subject to prior review. Stories that criticized school policies were cut. Our school TV station was told they had to seek permission to attend public school board meetings—an action clearly prohibited by Oregon’s open meetings law. As a result, students played it safe with stories about the prom theme and homecoming queen, not wanting to “rock the boat” with administrators who had power over their future. When a school newspaper cannot report on serious issues, readership declines—a disturbing trend for the future of print journalism.

Our students and administrators need a better First Amendment education and they will not get it as long as the current law allows censorship based on the perceptions of school officials who haven’t been trained as media advisors. Student journalism should be education in action. Censorship perverts the true learning of journalism.

A survey I conducted at Century for a story on HB 3279 shows that students may not understand the value of the First Amendment. (I have attached a copy of the story with this document). Through the survey, I discovered that:

• Four out of 10 Century students believe the “the First Amendment goes too far in the rights it guarantees.”
• A third of the student body believes the American press “has too much freedom.”
• Almost 50 percent of those surveyed believe the press should not be allowed to freely criticize US military actions.

To me, these results are chilling.

Many students trivialize the First Amendment, focusing mainly on its protection of vulgar and salacious talk. It often appears they are much more interested in getting a T-shirt with sexual innuendos past administrators than they are critically appraising serious issues. This shouldn’t be surprising. When students’ rights are taken from them, when their teachers are afraid to help them because their jobs might be threatened, they get a warped view of what the First Amendment is. The bill you are considering today would accord students rights now reserved for adults. Armed with these rights, students may begin to take a more mature and responsible view of the First Amendment.

Some might say that in this internet age, students have MySpace to express themselves. If adults want young reporters to become responsible adult journalists then they shouldn’t tell students to exercise free speech in forums used for bragging, flirting, gossiping and, sometimes, cyber-bullying.

I will graduate one year from now. I would rather not be handed the First Amendment when I am handed my diploma. Please make it possible for me and other young journalists to begin to freely and responsibly exercise our First Amendment rights now and later.

>>See the Bill
>>Testimony by Journalism Educator Rob Melton
>>Testimony by HB 3279 sponsor Oregon Rep. Larry Galizio
>>Read the Amendments
>>Oregonian coverage
>>Listen to audio from the session
Also: Illinois introduces bill; amendments added, must be voted on by May 31
Graphic: See student expression attempts across the country

Related links:

>>Bill would protect rights of student journalists (Oregon Daily Emerald)
>>Protecting Freedom of the Student Press in Oregon (Fire's The Torch)
>>Student Press Law Center coverage
>>Modified student press bill waiting in Senate: Two parts of HB 3279 that deal with publication content removed from newest version of bill (Daily Vanguard, Portland State University student newspaper)
>>How a bill becomes law in Oregon
>>Should students be free from censorship? (Q&A with Oregon students)
>>First Amendment chair at University of Oregon supporting bill
>>Oregon House of Representatives committee hears testimony
>>(listen to the testimony)
>>Student Journalists seek expressive freedom (Statesman Journal)
>>Track the Oregon bill (select House Bill, and enter 3279)

>>Coverage on Washington HB 1307

>>Upthegrove says he'll introduce '08 bill in Washington state
>>Seattle P-I editorial board supports student expression
>>Student Press Law Center analyzes Washington bill's journey

>>Track the Michigan bill

Other related links:

•"Bong hits 4 Jesus" case heard by U.S. Supreme Court:
>>Story >>Supreme Court testimony (pdf) >>First Amendment Center
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•State of Kansas to introduce bill to regulate student media

•Student Press Law Center consultant Mike Hiestand talks to National Public Radio on a variety of student press issues