Should the State Enact "Anti-Hazelwood"
Legislation?
Background
The decision in Hazelwood v. Kuhlmeier has made
it much easier for principals and other school officials to
censor student expression. In an effort to prevent this from
happening, a number of states and localities have passed student
free speech legislation. These laws limit the circumstances
under which student publications can be censored and thus
extend to student journalists greater protection than that
which is afforded them under Hazelwood. States that have enacted
these "anti-Hazelwood" laws include:
Arkansas,
California,
Colorado,
Iowa,
Kansas, and
Massachusetts.
Other states have tried to pass legislation but have failed.
Some failed because they could not get a majority in the legislature
and in other cases because the executive vetoed them.
Some people wonder how states can pass laws that seem to challenge
decisions of the federal courts. Mike Hiestand, of the Student
Press Law Center, explains this apparent contradiction in
the following words:
"Hazelwood was a First Amendment case. Think of the
First Amendment as establishing a "floor" of federal protection
from government censorship. No government official-federal,
state or local-may ever act in a way nor may lawmakers ever
pass a law or policy that provides individuals with less free
speech protection than that required by the First Amendment.
That's why a public high school principal can't institute
a policy, for example, that allows her to halt publication
of any material she simply disagrees with. The First Amendment-—and
specifically Hazelwood—requires more than that.
Nothing, however, prevents lawmakers from passing a law (or
school board members from enacting a local district policy)
that requires school and government officials to provide student
journalists with more free speech protection. In other words,
Hazelwood and the First Amendment establish the ground floor
of censorship protection - but anyone - where they believe the
First Amendment provides insufficient protection against government
censorship - can raise the ceiling and establish a higher floor.
And that is precisely what state lawmakers and school board
officials have done in passing student free expression laws
and policies. [1]"
In other words, a state can pass a law or a school district
can implement a policy that expands students' First Amendment
rights by limiting the circumstances under which principals
or school officials can censor student publications. In essence,
this would give students the same free speech rights they
had before the Hazelwood decision was made. If, on the other
hand, a state tried to pass a law which placed further restrictions
on students' free expression (i.e., greater restrictions than
those found in the Hazelwood case, it would be unconstitutional.
[1] Mike Hiestand. Student Press Law Center. "Understanding
'Anti-Hazelwood' Laws." [Online] 7 August 2001.
Activity
Your state legislature has decided to consider the issue of
adopting its own"Anti-Hazelwood" law. They have invited the
public to an open forum to discuss this issue.
Directions
- Your
teacher will assign you to one of the following groups:
- Student
journalists
- Newspaper
advisors
- Concerned
parents
- Principals
- Local
school officials
- Brainstorm
the pros and cons of anti-Hazelwood legislation with your
group.
- Determine
if your group is for or against the legislation.
- Work
with your group to prepare comments to be delivered at
the forum. Be sure to include the following in your comments:
- What
is your position on the legislation?
- What
are your reasons?
- What
would you like to see included or omitted from the
policy?
- Present
your findings to the "state legislature" that will be
composed of students in the class. After hearing all of
the arguments, they will debate and vote on the issue
of anti-Hazelwood legislation.
For
Extension:
Now that you have explored this issue, you are ready to convince
the state legislature to adopt your personal viewpoint. You
may do this by appealing directly to the state legislature
or by trying to convince other citizens to adopt your viewpoint.
- Create
an outline. Identify your position and list arguments that
support that viewpoint.
- Choose
from the list below:
- Write
a letter to your state legislature.
- Write
a newspaper editorial.
- Create
a political cartoon.
- Write
a speech to be delivered to an audience. On a separate
sheet of paper, write a paragraph in which you describe
the target audience and the speech techniques used.
- Create
a brochure or print advertisement. Your brochure should
contain visuals and text. On a separate sheet of paper,
write a paragraph in which you explain the message,
the target audience, and the propaganda techniques
used.
- Create
a storyboard for a television commercial. On a separate
sheet of paper, write a paragraph in which you explain
the message, the target audience, the propaganda techniques,
and the video and audio techniques used.
- Create
your own product. Be sure to have your teacher approve
this before you begin.
- Use
the information from your outline to help you create the
product you have selected. In your product, clearly state
and support your position.
Additional
Resources
State Student
Free Expression Laws & Regulations
Anti-Hazelwood
Legislation Continues to Face Uphill Battle
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