# Looking for help...



## Bethelarien (Dec 8, 2003)

I and some of my friends are working on a school newspaper. Well...not exactly. See, it's an _underground_ newspaper, as we feel that the school is violating our rights because they will not allow us to print certain articles they feel "portray the school in a negative light".

We're currently doing research on several different topics. More importantly, however, we're looking for information on whether or not the school can discipline us for this. As of now, I've only found information (based on court rulings) that says we can.

The topic I've been assigned is Student's Rights--or rather, the lack thereof. It seems that although we are granted the same rights as adults, the schools somehow have the power to take our rights away.

I'd appreciate any information/opinions/references anyone can give me. The article is due Friday. Thanks in advance.

Any information on the above topics can be sent to me at [email protected] .


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## Uminya (Dec 8, 2003)

It depends on what the articles are about. If the articles express any form of group-hatred, entice readers to take any sort of violent action, or in general urge readers to disrupt the classroom environment, the school has a justified reason not to allow the articles to be printed. This precedent has been exemplified by several court cases (don't remember the names; I'm not a law student ) where protests or other events/items break the rules I've summarized above were prohibited (and the prohibition was upheld) because they caused the educational process to be hindered. However, if what you are proposing has no detrimental effect on the *educational process* then the school has no case and it could probably be defeated in court.

I have a suggestion, though. Rather than complaining about it in the paper, why not attend a school-board meeting and raise the issue there? Granted, if the issue is something like wanting to be paid to go to school, you're not going to have much sway, but if it is something reasonable that you think would improve the learning environment, then I'm sure they'll have an ear for you.


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## Bethelarien (Dec 9, 2003)

We've already tried going to the school board. They refuse to do anything about it.

And believe me, we've researched into the many court cases thoroughly. Since the paper will not attack anything or anyone, nor be disruptive to the school, they really can't do anything about it.


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## Scatha (Dec 9, 2003)

Well, if the schoolboard has a majority of conservatives, then you might as well stop trying. They will do just about everything to prevent you from doing what you try to accomplish.

Perhaps you should raise the question why they won't allow a school newspaper? The answer to that might give you an insight on how to deal with this?


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## Bethelarien (Dec 9, 2003)

Oh, no, Scatha. You misunderstand. They _do_ allow a school newspaper. So long as it only says what they want it to say. Several of my friends (the editor included) have been told they could not print their articles (and this right before it was sent out for printing) because the principal didn't agree with what they were writing, although it was true. As an example, the editor, who is one of my best friends, wrote and article about PDA (public display of affection) and how it was being inforced unequally (is that a word?) or not at all. The principal didn't like it, because he said it portrayed the school in a negative way. So she had to take her article out and put another girl's in, on the same subject, which was very badly written. Freedom of press? Yeah right.

There have been many other instances, this is just one example. So we're fed up. And now I need a topic to write on, as I've been asked to do a second article, having finished the first.


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## Uminya (Dec 10, 2003)

You can always distribute a "renegade" newspaper off school property; they couldn't stop that.

And of course there's always the evil but sometimes useful ACLU


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## Bethelarien (Dec 10, 2003)

Actually, we're using a lot of what ACLU puts out, especially their information on students' rights. LOL, so funny you should mention that. 

I have my first article written. I'm rather excited.


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## Legolam (Dec 11, 2003)

I say good on you Beth!! Our school refused to let us have a yearbook when I was in my final year, because they were making one that included the whole school and not just the final year and didn't want us to have much input. So a group of 4 of us organised our own yearbook against much resistance from teachers, and it ended up being the best one in years, and far better than the official one!

One tip for you - try to get someone influential on your side. We managed to get our deputy headmaster to keep other teachers off our backs - although he didn't help in changing their opinions, he made sure we weren't punished. And, on our side, we made sure that our yearbook wasn't too inflammatory, and was fair to the school.

Sorry I can't help much on the topic of student rights though ...


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## HLGStrider (Dec 14, 2003)

> Well, if the schoolboard has a majority of conservatives, then you might as well stop trying. They will do just about everything to prevent you from doing what you try to accomplish.



I think that's funny considering that the majority of these cases (according to statistics) are liberal universities against conservative students.

I suggest FIRE.

They're a freedom in education group. I'm trying to remember what FIRE stands for. I got a flyer from them asking for money (I entered an essay contest which apparently gave my name out to a bunch of these groups.).

Freedom In . . .something Education. . .I think. . .gosh. . .I'm going to look for those papers really quick.

I keep papers in odd places. . .

Gosh. . .why would I have thrown THOSE away? I never throw ANYTHING away?

Blah. . .

AH HA! FOUNDATION FOR INDIVIDUAL RIGHTS IN EDUCATION!

Got it!

http://www.thefire.org/index.php


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## Bethelarien (Dec 15, 2003)

Thanks, Elgee.

Our first issue went out today. It was a big hit. The students love it, the administration....is ignoring it. But whatever. They can only ignore us for so long.

Our next issue'll come out after Christmas break, and we start working on it at the end of the week. Again, if anyone has any ideas, let me know. I'd love to put some of your thoughts in our paper.


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## Beorn (Dec 15, 2003)

You're going about it the wrong way. As a proofreader, photo editor, and treasurer for my school's yearbook, I know what you can and cannot do.


For a newspaper: You cannot bite the hand that feeds you. Find a source of income for the printing costs. Charge a quarter for every copy. You could even print two-sided on legal paper if you had to. Remember who allows your regular newspaper. Since they fund you, they can say what you can and cannot print. If your printing costs are covered by selling the papers, then you can write whatever the heck you want.
Don't break the rules, bend them. If your school has rules about selling things in school, sell the name of the person who will distribute newspapers for free.
Don't get others involved. Don't get the ACLU in, or FIRE. They will only complicate the matter and turn it into a media problem. Remember that your problem is yours, not the rest of the world's.
Step back. Take a few minutes, every time you review or write an article, and think of why the school may be enforcing the policies which you feel are unfair.
Don't make a monster. Point out the plusses of the school.

I think that's all for now...

- Mike


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## elf_queen (Dec 17, 2003)

Good for you, Bethelarien! And thanks for inadvertantly helping me with my Bill of Rights project. A real life example of breaking the first amendment...*goes away skipping*


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## HLGStrider (Dec 17, 2003)

I'm not sure if this applies under the First Amendment. It has been upheld that schools and private organizations have a right to put certain restrictions on their members/students speech and document distribution. My work has a rule that we can't distrubute flyers or things to customers or other employee's without the employer's permission. I think that these rules can be blurry sometimes. I remember that FIRE has a statement that they accept the right of schools to make speech codes as long as they are fair.

In other words, it may be perfectly legal what the school is doing. I don't know the ins and outs of it. These cases aren't always clean cut.


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## Bethelarien (Dec 17, 2003)

It is guaranteed under the First Amendment, according to the US Supreme Court case _Tinker v. Des Moines_. (There's something else for you, elf_queen.) We have the freedom of speech, expression, and the press, so long as we don't disrupt classes, etc. And since we don't use school materials and technically don't hand out our papers on school property (outside the school is considered public property, like a park), they can't stop us. 

I love having done my research. 

And thank you, everyone, for your comments thus far. You have all been very helpful.


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## Beorn (Dec 17, 2003)

> _Originally posted by HLGStrider _
> *I'm not sure if this applies under the First Amendment. It has been upheld that schools and private organizations have a right to put certain restrictions on their members/students speech and document distribution. My work has a rule that we can't distrubute flyers or things to customers or other employee's without the employer's permission. I think that these rules can be blurry sometimes. I remember that FIRE has a statement that they accept the right of schools to make speech codes as long as they are fair.
> 
> In other words, it may be perfectly legal what the school is doing. I don't know the ins and outs of it. These cases aren't always clean cut. *



If you agree to a contract, then you are forfeiting certain rights, such as freedom of speech & expression. If you're being funded by the school, you are really representing the school, so they can make you say whatever they want. If you're not funded by the school, you can say anything you want.

- Mike


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