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Ithaca High newspaper battles censorship
The censorship of a cartoon in the February edition of Ithaca High School’s student newspaper, the Tattler, has incited debate regarding First Amendment rights.
Editor in Chief Rob Ochshorn, a senior, said the paper’s relationship with the school changed when the administration imposed new guidelines for the Tattler at the end of January.
“The district says the Tattler’s function is to teach students about journalism,” Ochshorn said. “We are saying the function is to provide an outlet for student expression.”
Under the new guidelines, the adviser of the newspaper has the right to change, edit or remove content that “would substantially interfere with the district’s work or impinge upon the rights of other students” or “is inconsistent with the legitimate pedagogical concerns of the district.”
When the Tattler’s adviser, Stephenie Vinch, removed a cartoon intended to appear with a Valentine’s Day article about love and sexual education, the story ran with an empty box in its place. The cartoon depicted a health education teacher pointing to a blackboard with stick figures arranged in sexual positions. The text read, “Test on Monday.”
Ochshorn, along with other editorial board members, appealed to Principal Joe Wilson, who decided not to reverse Vinch’s decision or remove the new guidelines. Ochshorn said the students have appealed to Superintendent Judith Pastel.
Ochshorn gave The Ithacan a letter he received from Wilson. In the letter, Wilson said the cartoon was “obscene and not suitable for immature audiences, and consequently, was inconsistent with the educational mission and concerns of the District.”
Andrew Alexander, the Tattler’s news editor, said rumors of new guidelines began after critical reporting of Wilson’s policies and complaints over a review of Ralph’s Ribs.
“Most of the administration seems to feel the purpose of a newspaper is not so much to inspire criticism and start debate, but rather to make everybody feel better and make everyone proud of the high school,” Alexander said.
William Russell, assistant superintendent of instruction and curriculum, said criticism of the principal was not a reason for new guidelines.
Russell said students believed the adviser’s role was to offer advice that they were free to reject, but he said this was never the case.
Mike Heistand, attorney for the Student Press Law Center in Arlington, Va., said school administrators assume that they have an unlimited license to censor anything.
“The court has made it clear that students in schools do not lose all of their First Amendment protection simply because they walk in the door,” Heistand said.
The established guidelines for student publications stem from two court cases: Tinker vs. Des Moines and Hazelwood vs. Kuhlmeier. The Tinker decision says administrators can censor libelous or obscene material or material that disrupts the school day in the case of open forums, such as publications where students make the editorial decisions. Hazelwood says administrators can censor any material that is “inconsistent with the shared values of a civilized social order” in closed forums, where the administration has the final editorial say.
When asked if the school was willing to compromise with the students, Russell would not answer directly.
“This districts posture is that the reasons under either standards are reasons we might invoke for not wanting to see something going into the student newspaper,” Russell said.
Ochshorn said the administration is trying to turn the Tattler, a traditionally open forum, into a closed forum.
Heistand said every major journalism education group in the country has criticized Hazelwood for being broad and a bad way to teach journalism education.
“They are going to end up with a newspaper that is a public relations mouthpiece for the administration and not a voice for the students,” he said.
Wenmouth Williams, chairman of the television-radio department at the college and a former member of the Ithaca school board who teaches a course that deals with media and the courts, said he isn’t familiar with the specific situation at the Tattler, but based on his understanding of the case law, administrators have the power to censor a school publication.
“The general rule is that if there is a reason that will negatively affect the student body, then the principal has the right to do pretty much what he wants,” Williams said.
Ochshorn said he is willing to take the dispute to court if necessary.
“The Student Press Law Center has assured us that if we take this to court, we will win,” Ochshorn said.
Heistand said the center would also help the students find a pro bono lawyer.
This month, Ochshorn said the students are publishing an independent newspaper titled The March Issue. He said he is willing to work under Tinker, but not Hazelwood standards.
Russell said Vinch resigned from her position as adviser after the publication of the February edition. Both Vinch and Wilson declined to comment. They referred all questions to Russell, the school’s spokesperson.