Curriculum ~

Legal Issues

Taking Issue

legal considerations

for student publications

Curriculum ~

Legal Issues Background

• Prior to 1988 was the “Tinker Decision” which defined student press rights– 1969: Supreme Court ruled that First Amendment Rights

didn’t stop at schoolhouse gate– Administration can restrict freedom of expression if it

disrupts class work – Gave administration rights to prior review

• Prior review vs. prior restraint– Review = chance to examine & request changes

from editors/adviser– Restraint = right to final control over content

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Legal Issues Background

• In January of 1988 the Hazelwood decision was passed: Administrators gain “editorial control” & prior restraint over such things as school publications & theater productions that are considered unsuitable

– Ungrammatical, poorly written, inadequately researched, prejudiced, vulgar, profane, sexual activity, advocating drug or alcohol abuse

• Defines administrator as publisher over “school-sponsored” forums since considered part of curriculum

• Limitations to “Hazelwood”

– Arkansas, California, Colorado, Iowa, Kansas, Massachusetts, & Oregon enacted laws counteracting decision

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Legal Issues Background

• Plan, prepare, & practice: the best advocates to protection

– Hazelwood does not require administrators to censor but gives them the right to take action

– The Journalism Education Association (JEA) suggests adherence to highest standard of journalism & ethics

– Create/understand written policy to avoid conflict & confrontation including prior review & prior restraint

– Consider crafting a code of ethics with your staff

– Communicate with administrators to establish reputation of responsibility

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Legal Issues Legal Terms

• Illegal Freedoms of Expression

– Libel = false printed statement attacking person’s name/reputation

• 4 elements of libel

– publication (web site is/personal note is not)

– identification (easily recognized; not necessarily named)

– injury (damages reputation)

– fault (reckless disregard of the truth/not adequately verifying story content)

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Legal Issues Legal Terms

• Illegal Freedoms of Expression– Invasion of Privacy = right to keep comments & activities private

• 5 elements of Invasion of Privacy– intrusion (unwelcome entry into private area – halls, street =

public area; locker rooms, restrooms, private homes = private)

– right of publicity (unauthorized use of someone’s name)– false light (true information but presented to imply something

false)– private, embarrassing info (school reports & medical records

are private & privileged)– Obscenity = anything community standards deems sexually arousing & offensive; lacks literary, artistic, political or scientific merit

• School-sponsored publications typically have higher/more conservative standards

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Legal Issues Consider

• Plan, prepare & practice

– Libel involves statement of fact not opinion

– Humor is no defense for libel

– Classrooms are deemed public if photographer given right to photograph from school official

– Quoting without consent can be invasion of privacy

– Gain written permission to reprint material

– Quoting third party or minor can be invasion of privacy without proper consent

– Obtain model release forms for any advertising purposes to

avoid right of publicity violation

– Superlatives & gag captions can be libelous

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Legal Issues Copyright

• Controls use of intellectual property

• Covers: literature, music, lyrics, plays, choreography, pictures, photos, art, graphics, movies, audio/visual works

• Does not cover: titles, phrases, procedures, processes, systems, work of U.S. government

• Fair Use = portions of work not in Public Domain

• Public Domain = work whose copyright has expired

– author’s work: 70 years after death

– works for hire: 95 years after date of first publication

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Legal Issues Trademarks

• Word, name, symbol, device or combination of used to identify a product

• Cannot be used for any commercial purposes

• Any use of trademark that confuses original quality, representation, affiliation or sponsorship & dilutes/tarnishes image of mark considered in violation

• Cannot use “themes” or “phrases” from commercial products to sell yearbook or as a theme without written permission

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Legal Issues Policies

• Clearly define the roles of student editors, staff, adviser, administration & student body

• Consider reviewing or creating:– Editorial policy– Code of Ethics– Open forum format– Obituary policy– Advertising policy– Student photo policy– Book sales policy– Correction policy– Equipment use policy

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Legal Issues Resources for More Info

• Student Press Law Center – www.splc.org

• Journalism Education Association – www.jea.org

• National Scholastic Press Association – www.studentpress.org