A 2005 U.S. Court of Appeals for the Seventh Circuit decision, Hosty v. Carter (412 U.S. 731), however, held that Hazelwood did apply to subsidized student media at the college level. This case is extremely important to journalists, as the court recognized the need to find a balance between the right to a free press and the need for the government to protect national security. While the number of incidents of high school censorship has skyrocketed as a result, students and lawyers – largely because of Hazelwood’s vague and seemingly weak limits on administrative censorship – have been hesitant to challenge most censorship in court. There was no indication or policy that stated the paper’s not being a public forum; therefore the Arrow could not be restricted or restricted or ordered not to be published by school officials (“Dean v. Utica Community Schools”). Change ), You are commenting using your Google account. Dean v City of Utica Annotate this Case. Katy Dean’s article, the judge found, was so well-researched and so well-written and the administration’s reasons for censoring were so weak that the actions of Utica school officials simply did not pass constitutional muster. Subscribe. Not wanting to delay distribution of the entire issue, the Arrow staff removed the censored material and sent the paper to the printer with an editorial on censorship. First, if you can establish your publication as a public forum – do so. 514 U.S. 334 - McINTYRE v. OHIO ELECTIONS COMM'N. The U.S. court stated that only nonpulibc forum newspapers are subject to the Hazelwood standard. In 2002, Katy Dean, a junior at Utica High School who wrote for student newspaper, learned that their school district in Utica, Mich., was being sued by a husband and wife who alleged that school bus exhaust fumes had contributed to the husband's lung cancer and other illnesses. Does this decision overrule Hazelwood? Next to the editorial was a black box with “Censored” stamped in white lettering. Conduct thorough research, take good notes, talk to all sides, stick to the facts. Submit your comments and photos to The Muse! Time. In fact, the case suggests two avenues for contesting censorship depending on the nature of the student media involved. And then be prepared to defend it. National Scholastic Press Association. The decision indicates that there are two types of school-sponsored student media: the limited public forum, like the Arrow, where students have the right to determine content either by written policy or by practice, and the nonpublic forum, where school officials retain more authority over content. In this civil rights action pursuant to 42 U.S.C. Mich. 2004), a federal district judge rejected censorship of a Michigan high school’s student newspaper. The decision is officially reported at 345 F.Supp.2d 799 (E.D. This U.S. court case again determined that the Arrow, student-run newspaper, was a public forum and that therefore the school administration cannot subject the paper to prior review. CLICK HERE for an article by John and Candace Bowen on why this case is important.. Mike Hiestand answers some frequently asked questions in this National Scholastic Press Association article. For years, however, too many school officials have assumed that Hazelwood’s admittedly broad and vague language gave them an unlimited license to censor. Citations are also linked in the body of the Featured Case. And non-public forum student media – or “Hazelwood publications,” where school officials have routinely exercised more authority over content. “The Court cannot ascertain a significant disparity in quality between Dean’s article in the Arrow and similar articles in ‘professional’ newspapers,” he said. Today’s installment features a similar case, albeit one that challenged the outcome of the Hazelwood case and thereby empowered student journalists. “There really was just no basis at all for the superintendent’s conclusion that the story was of inadequate quality or that it was inaccurate,” Nickelhoff said. Sorry, your blog cannot share posts by email. This case, on the other hand, led the federal district court to rule that the yearbook’s decision to remove Douglass’s senior picture of sporting rifle did not violate his First Amendment rights since it was the student editors who made the decision instead of school officials.

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