Commentary; Posted: 2/7/07
Students and lessons of press freedom
By Don Heinzman
Students, staff and administrators are learning some lessons about student rights and responsibilities as well as their own rights and responsibilities in a controversy at St. Francis High School. The case and the lessons of restricting press freedom are worth examining.
The issue is censorship of the high school student newspaper, "The Crier" over a photo of a student tearing up the American Flag, which was not the actual flag but bunting that looked like the flag.
A student took the photo during a fall high school play called "The Children's Story" which is about a third grade class in a Cold War-era school after the country had been invaded.
That same photo had been on the wall of the school for a time before Principal Paul Neubauer decided to take it down, because he found it offensive and was concerned over what effect it would have on the community. Superintendent Ed Saxton said he and the principal were concerned about offending community standards and hurting the feelings of veterans.
The newspaper staff decided to oppose the removal of the photo, and wrote a story and editorial and planned to use the objectionable photo on its page 1. As a courtesy, the staff told Neubauer about the story and the photo.
Neubauer opposed publishing the photograph and said there would be consequences if the photo were printed, leaving the decision to the editor. To gain time and prevent the paper from publishing the photo, Neubauer froze the paper's financial accounts.
The editorial board decided not to print the photo fearing the newspaper's life was in jeopardy.
Instead, the staff ran its story and editorial criticizing the principal's decision and published the paper with a blank space where the photo was planned.
The lessons are many.
The publisher of a school newspaper is the superintendent of the school district, in this case, Ed Saxton who knew about Neubauer's decision and approved it.
Neubauer is correct in his belief that a school newspaper is a lab like any other learning lab, students are learners and that the real world of journalism is confronted with censorship, which a free press fights constantly.
Mark Anfinson, attorney for the Minnesota Newspaper Association and an expert on First Amendment rights, says administrators can limit free speech in schools.
The school district has a policy on censorship: "Official school publications are free from prior restraint except as provided by law."
The taking of and publishing of the photo were not illegal.
If publishing the photo is not illegal, the central issue is what are community standards upon which the decision to remove the photo was based? This is a murky area, because the standards in this case are in the eye of Principal Neubauer.
Another central issue is the newspaper staff's accountability to the administration and the school board.
Neubauer is to be commended for allowing a vigorous newspaper to be published by students and not to require prior approval on all of the content.
Neubauer, however, approved the play to be produced, knowing on opening night there was a scene where the tearing of the flag (bunting in this case) would be dramatized.
There was no criticism from the community whose standards Neubauer purports to uphold.
Neubauer took the photo off the wall because he questioned why that particular photo was selected and was it someone trying to make a statement? He did not remove it because of complaints from either students or staff.
The student editorial board has learned that the newspaper is accountable to the school board, the superintendent and the principal.
Meanwhile, the matter did come before the school board that wisely decided to appoint a committee comprised of Neubauer, two board members, the superintendent, the newspaper adviser and student representatives. They will develop an understanding of the rights and responsibilities of all parties in publishing a student newspaper.
This episode had a lot of teachable moments for teachers of journalism, history, art and literature. If teachers used the lessons from the banned photograph to teach the importance of First Amendment rights in a free and open society, which needs to be stressed these days, all of the fuss is worth it.
Forest Lake Times
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