What does the First Amendment say? "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise there of, or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."

The First Amendment basically states that everyone has freedom of religion, speech, press, assembly and petition. In high schools all across America, students are studying the principles of American democracy and the rights of U.S. citizens. The First Amendment is intended to protect the right of every person to express his or her views without prosecution as long as those views do not aim to maliciously injure others.

Since a Supreme Court ruling in 1988 (Hazelwood School District v. Kuhlmeier) that gave principals the power to review and censor high school newspapers, student journalists are experiencing first-hand what it is like to be denied this basic freedom. The court ruling states "educators do not offend the First Amendment by exercising editorial control over the style and content of student speech in school-sponsored expressive activities so long as their actions are reasonably related to legitimate pedagogical concerns."

The Hazelwood decision continues to have chilling effects on high school journalism today.

Some schools allow their journalists to have the expressive freedoms that all of us should be entitled to. They are able to critique school government, take polls on sexually active students, and have satirical cartoons depicting teachers and even their own principal. Many school administrators are more committed to promoting a flawless, positive school image rather than focusing on truth and journalistic principles.

After the Hazelwood decision, a total of twenty-eight legislatures have debated this issue. Six states (Arkansas, California, Colorado, Iowa, Kansas and Massachusetts) have passed laws allowing students to express themselves freely in school unless school officials can demonstrate it is libelous, obscene or will create a substantial disruption. Students' publications should be given the opportunity to censor themselves like any other publication.

Freedom of expression is protected by the Constitution when such expression does not disrupt class work or infringe on the rights of others. The school newspaper is a public forum and does not reflect on the school's viewpoint. Therefore, students should have the right to express their own opinions to the community. Students should not be forced to limit themselves to state approved subjects or opinions.

Constitutional rights should not be stripped when a student walks through the school gates. If we don't exercise our rights now and can't cherish our own freedoms because of administrative concern for our "educational well being," then we will not practice our freedoms in the future. None of us will grow up to be leaders because we will only know how to be led.

-Return to October 2002 Issue-