College students are at risk of having their First Amendment rights limited.
The Supreme Court refused to hear a case Tuesday on whether college administrators can censor campus newspapers. Justices decided not to review an appeal filed by former collegiate journalists at Governors State University, a small public college in University Park, Ill.
"This decision is absolutely appalling," said Ball State University journalism professor Mark Popovich, who teaches Media Law and Media Ethics classes. "It makes college students second-class citizens, just like it does high school students."
The student journalists - Jeni Porche, Margaret Hosty and Steven Barba - from Governors State sued the university's dean of student affairs Patricia Carter after she stopped the paper from printing in 2000 so she could review its stories. Reporters for the campus newspaper, The Innovator, had written stories critical of the university's administration.
The 7th U.S. Circuit Court of Appeals ruled that university faculty could regulate the paper's contents because it is published under the auspices of Governors State.
"What the decision is saying is that college students in Indiana, Illinois and Wisconsin now have limited First Amendment rights," Popovich said. "It's saying that the university can restrict free speech and press rights at college campuses if they feel that the activities that are planned are not consistent with the educational mission of the institution."
This decision ultimately extends the 1988 Hazelwood ruling, which said public school officials could censor high school newspapers, to college publications.
"It flies in the face of years of legal decisions that have separated college administration from the free speech and press rights of college students on those campuses," Popovich said.
He said he hoped this decision was not a precursor for future decisions on First Amendment rights.
Merv Hendricks, director of student publications at Indiana State University, said he thought the Supreme Court didn't see this case as big of a question needing to be dealt with.
"While we have fears, I don't know that we have any real evidence that the First Amendment world is going to fall in on us," Hendricks said.
Backers of student journalists are arguing that college is very different from high school.
David Sumner, Ball State professor of journalism and executive director of the Indiana Collegiate Press Association, said he had been watching the Hosty case closely and was nervous about the results.
"I don't think anyone involved with college media is happy about the Hosty decision or the Supreme Court's refusal to review it," Sumner said. "By the time students get to college, they are adults and should be treated as adults."
The decision allows college students to be treated as children and deprives students of the free flow of information about what's happening on their campuses, he said.
Popovich said, "Ball State has been very fortunate that its administrators have been open-minded enough to allow Ball State students to express themselves in the campus newspaper."
While Sumner said the case might not have an immediate effect at Ball State, it could affect smaller universities where administrators might try to use prior review on student publications.
He used the example of Vincennes University's student publication, The Trailblazer, whose advisor recently sued the university regarding censorship issues, he said. The case has been settled out of court, he said.
"Word has already begun to spread that the standard 'hands-off student media' policies recognized by college officials in the past may no longer be required," attorney Richard Goehler told justices in a filing on behalf of many groups, including the Associated Press Managing Editors, the Student Press Law Center and the Reporters Committee for Freedom of the Press.
Many agree the decision extends beyond college publications.
"I think although the decision deals with the college press, there is nothing to stop administrators from extending its censorship or its limitation to the other rights of the First Amendment," Popovich said. "Everything's fair game now for college administration."
The Associated Press contributed to this report.
Read More
Three Air Jam teams take home the win
October 12, 2012Nineteen teams shimmied, shook and flipped for a sold out John R. Emens Auditorium on Thursday night during the 25th annual Air Jam.
Bill Clinton Speaks at North Central High School
October 12, 2012Former President's Speech Could Have Effect on State Senate Race
