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Student media bill 'a much needed improvement' for schools
Updated: 2/7/08 9:45 a.m. eastern time
A student expression bill that died in a Washington State Senate committee still has merit, according to one of the bill's sponsors.
Sen. Adam Kline said he decided not to hold a hearing for SB 6449 because he did not have the votes necessary to pass the bill, but believes the bill has value.
"Freedom breeds responsibility," Kline said. "Yes, (passing the bill) is a much needed improvement--a statement of trust."
Kline also said there is nothing in the bill that he would change, and he will persist at supporting the bill, explaining, "we adults are not good at letting go."
Sen. Joe McDermott, another sponsor of the bill, said he was "disappointed the student free press bill didn't make it further than it did." The senator also plans on reintroducing the bill.
"I do believe that awareness of student press rights is important and putting this bill forward opens the communication line to create a bill that can gain agreement," McDermott said. "In the short term, I believe some people are concerned that, on rare occasion, instruction will be interrupted when student journalists touch a nerve in their community -- something I know as a legislator the press can do at times."
SB 6449, originally assigned to the Early Learning and K-12 Education Committee, was reassigned to the Judiciary Committee. Rep. Dave Upthegrove (D-Des Moines) introduced a similar bill to the House in 2007, and was backing this bill.
The bill can be reintroduced in 2009, and Upthegrove told J-Ideas he would reintroduce the bill as well.
“We always knew it was a long-shot this year, but we felt it was important to introduce the bill in the Senate to begin the discussion in that chamber and to keep a spotlight on the issue,” Upthegrove said. “The Legislature will re-organize after the November election, and there may be new Senators and new committee assignments. We absolutely will reintroduce the bill next year.”
Upthegrove spoke of the newly created “Coalition for Responsible Student Expression.”
The coalition consists of 15 organizations and “will continue to educate the public and legislators about the value of student press freedom.”
“A movement is under way in Washington State and nationally to restore student press rights and I'm confident that we will be successful in the long run,” Upthegrove added.
Kathy Schrier, president of the Washington Journalism Education Association, is still hopeful for a student expression bill becoming law.
“I was looking forward to another great turnout in Olympia from students, teachers, and others who care so much about seeing a change in the way the student press is treated in our state,” Schrier said. “It won't happen in 2008, but I refuse to give up, and I know the support for and understanding of this issue is growing.”
Schrier had written a letter to the editor of the Spokane Spokesman-Review in support of the bill. The Spokesman-Review ran an editorial supporting the bill.
This bill would have given enhanced press rights to the state’s high school students, according to Brian Schraum, a student instrumental in a similar – but failed – legislative effort a year ago. SB 6449 was sponsored by Sen. Joe McDermott (D-Seattle), along with Sen. Brian Weinstein (D), Kline, (D.), Sen. Ed Murray (D.), Sen. Jeanne Kohl-Welles (D.), Sen. Rosemary McAuliffe (D.), and Sen. Karen Keiser (D.).
Like last year’s HB 1307, which died in a Senate committee after passing the House, SB 6449 would have made student editors at public high schools and colleges responsible for content in all school-sponsored media. Additionally, the bill would have prevented public colleges and universities from prior review of student publications. However, under the bill, high school administrators could have reviewed student media if it was obscene, or if student media encouraged students to break the law or violate school rules and policies.
SB 6449 forbade high schools and colleges from disciplining or firing media advisers “for refusing to suppress the protected free expression rights of student journalists.” School administrators and schools cannot be sued or held responsible for student publication material “unless school officials or the governing board have interfered or altered content of the student expression.” The bill also clarified that courts may award only “reasonable” attorney’s fees to students who successfully sue their districts for violating the student media law.
Despite the bill dying in committee, it had support from outsiders.
Patrick Phillips, the executive director of the Campaign for the Civic Mission of Schools, emphasizes that free speech does not only benefit student journalists, but the entire student body.
"In order for young people to graduate fully prepared for active citizenship and civic engagement, they not only need knowledge about American government but rich opportunities to have their voices heard on issues that are relevant to their lives," Phillips said. "Stronger student media programs are essential ingredients in helping our schools to fulfill their original civic purpose."
Warren Watson, J-Ideas director, said he was disappointed that the Washington bill will not proceed.
"We are seeing interest in legislative efforts to support the First Amendment in high schools," Watson said. "Perhaps this will be a temporary setback. I'm encouraged that Dave Upthegrove will take another run at this next year."
More First Amendment advocates supported the bill as well.
“Student journalists should be held to the same standards of accuracy, fairness and completeness to which other journalists are held. In return, those student journalists should be protected from those who would stifle student expression for reasons that have nothing to do with good journalism,” said Gene Policinski, vice president and executive director of the First Amendment Center. “Administrative convenience and comfort, or a desire to use student media as a propaganda or good-news-only tool not only are wrong reasons to censor student journalists, but also preclude students from developing the very ethical standards and professionalism that we want schools to teach.”
When the bill was introduced in 2007, it was opposed by the Association For Washington School Principals. For this year's bill, Communications Spokesperson Jocelyn McCabe said the organization's members were talking with each other to discuss their thoughts on the bill, which generated "lots of debate" last year.
"We have been working with the WJEA since the end of session last year and have made good progress on this issue," McCabe said. "The legislation has prompted some good discussions between students, advisers and administrators about roles and responsibilities, and we’ve appreciated the opportunity to share the principal’s perspective on student press issues."
Last July, Oregon joined six other states including California, Kansas, Iowa, Massachusetts, Colorado and Arkansas in passing similar laws protecting high school journalists. In the wake of the 1988 Hazelwood v. Kuhlmeier Supreme Court decision, which gave administrators greater censorship authority over student media, the number of censorship cases among high school journalists has increased.
Efforts to pass legislation around student media are ongoing in several other states. The state legislature in Michigan is currently considering a bill and student-media backers in Indiana, Minnesota and North Carolina are considering legislation for either 2008 or 2009.
“There is some momentum for students in colleges as well as high schools,” Watson added. Over the summer, Illinois enacted a new law that gives additional protection to college journalists.
Washington’s legislators voted largely along party lines in 2007, with Democrats supporting a press bill and Republicans opposing the measure. Democrats today outnumber Republicans by a 2-to-1 margin in both the House and Senate. In the Senate, 35 of the 54 members are Democrats.
>>View the bill
>>Student Press Law Center coverage
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