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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.
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