First Amendment under attack
March 11, 1998
It hangs about a foot from my computer monitor, covered in dust because it’s in the corner of my office where things never get cleaned.
It’s not much to look at: just a cheap, black plastic frame protecting a faded white piece of paper with plain, simple text printed on it.
I don’t usually pay a lot of attention to it. It’s something I glance at a hundred times a day, but don’t really take the time to contemplate its meaning.
Lately, though, I’ve begun to look more closely at this little frame and the words it protects.
The message I read is this: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people to peaceably assemble, and to petition the Government for a redress of grievances.”
It’s really an incredible set of ideas. In fact, perhaps there was no greater phrase written in our history than the First Amendment. It gives us the right to publish, speak, worship and assemble in any way we choose. It’s that simple.
Reluctantly, I have come to realize that not everyone understands or believes in the First Amendment.
Problems are brewing for the Kentucky State college newspaper, which, if the almighty powers of badness win, could potentially hurt student newspapers everywhere. The case is Kincaid vs. Gibson, and it deals with censorship and prior restraint of college publications, something we at the Daily frown upon.
First, before I tell you about this case, let’s remember one which occurred several years ago. In Hazelwood School District vs. Kuhlmeier, a 1988 U.S. Supreme Court case, it was decided that school-sponsored high school student publications were not worthy enough to have full First Amendment rights.
Instead, the court decided to significantly limit the First Amendment protection given to high school publications by allowing school administrators to review all material prior to publication and even censor anything they deemed inappropriate.
This is clearly not what our forefathers had in mind when they wrote the First Amendment. However, what made Hazelwood confusing is that the court never made it clear whether college student media could be subjected to similar restrictions.
Due to the recent case in Kentucky, it looks like the courts may have decided. According to Judge Joseph Hood, college publications can be subjected to the same restricting and insulting censorship and prior restraint as the unfortunate high school students.
The Kentucky case began last year when two students sued KSU administrators for refusing to distribute the college yearbook, attempting to control the student newspaper and removing the publications adviser, according to the Student Press Law Center Web site.
The students claimed the administration abridged their First Amendment right to free speech for two main reasons, according to the Web site.
1) The administration temporarily removed the student newspaper adviser from her position because she refused to censor stories in the paper which negatively reflected on the administration
2) The administration confiscated all copies of the student yearbook because of grammatical and stylistic errors, and because the yearbook failed to highlight the school colors of yellow and green.
KSU administrators claimed they refused to distribute the yearbook because it was of poor quality and did not properly represent the university.
In November, Judge Hood ruled that Hazelwood was applicable to college students and the lawsuit against the KSU administration was thrown out of court. The students then filed a motion with the court to alter, amend or vacate the ruling, according to the Web site.
Just last week, the judge denied their motion, saying the students’ latest arguments did not change his mind.
This latest action is a huge blow for First Amendment advocates. Although, according to the Web site, the students say they will file an appeal with the federal Sixth Circuit Court of Appeals, perhaps as early as this week, it is still important for us to take action.
If you care about the First Amendment, follow the actions of the Student Press Law Center and call the president of Kentucky State University, Mary Smith, and let her know you don’t agree with censorship or prior restraint. Her phone number is (502)227-6260.
Keesia Wirt is a senior in journalism and mass communication from Panora. She is the editor in chief of the Daily.