Professional Documents
Culture Documents
Lincoln and the rest of the editorial staff had reached out to campus officials including President
Robin Bilinski, whom either did not communicate or would not answer questions at that time.
The January 13 issue of the newspapers front page had a picture of the fountain and the headline
reading "Fountains over funding" and a column outlining the information that the editorial board
had gathered. With this information reaching the student population, many students, parents, and
alumni started calling the Presidents office and university to receive clarification and to show
disappointment in the decision. The administrations reaction was to meet with the newspaper
staff to inform them that the organization would be disbanded as funding would be removed.
Lincoln, being tied to the email sent to administration, was asked to leave the university at the
end of the semester by President Bilinski.
Table 1. Federal Law & Court Cases Relevant to Student Press and Freedom of Speech
Federal Law / Court Case
Summary
Antonelli v. Hammond, 308 F. Supp. 1329
Classroom are marketplace of idea and
(D.Mass.1970)
thus administration does not have authority
over the student press due to academic
freedom
Bazaar v. Fortune, 476 F.2d 570, 573 (5th Cir.
Decision that speech cannot be silenced by
1973)
the mere fact that there may be a public
reaction to said speech
Bd. of Regents v. Southworth, 529 U.S. 217, 229 Institutions cannot discriminate against
30, 120 S.Ct. 1346, 146 L.Ed.2d 193 (2000)
student organizations and must be neutral
in the funding of student organizations
Dixon v. Alabama State Board of Education, 294
Court decision stating that an institution
F.2d 150 (5th Cir. 1961)
cannot dismiss or expel a student without
due process
Hazelwood School District v. Kuhlmeier, 484 U.S. Decision that forum type must be taken
260, 108 S.Ct. 562, 98 L.Ed.2d 592 (1988)
into consideration on deciding whether free
speech is guaranteed with the publication
Rosenberger v. Rector & Visitors of Univ. of Va.,
Stated that the establishment clause of
515 U.S. 819, 842, 115 S.Ct. 2510, 132 L.Ed.2d
specific religions be granted privilege
700 (1995)
could not be used to discriminate funding
for student organizations
Stanley v. Magrath, 719 F.2d 279 (8th Cir. 1983)
Established at universities could not cut
funding from student organizations without
a developed reasoning
Tinker v. Des Moines Independent Community
Court case that created the precedent for
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freedom of speech based on whether or not
said speech interrupted the educational
process for other students
Federal amendment protecting freedom of
religion, speech, press, and to assemble
Being able to understand the scope in which university has regulation over student
publications can help in understanding the reach administration can make in these types of
situations. While previously mentioned, there are numerous cases that provide precedent on what
actions the university can take. Taking recommendations, Bazaar v. Fortune (1973) speech
cannot be stifled by the state merely because it would perhaps draw an adverse reaction from the
majority of people, be they politicians or ordinary citizens, and newspapers (Kaplan and Lee,
2014, p.689). Administrators should be able to support the freedom of speech that the students
have, but also to be transparent when working with the student publications. In this case, the
administration has taken aggressive action against the student editors because of the press drawn
to the story. President Bilinski and administration should release a statement being transparent
about where the funding was created to not only support the student engagement but also alumni
involved. Student affairs professionals should recognize the power of freedom of speech and
press when working with students, remaining respective and keeping censorship to a minimum.
While it is directly stated in this case, professionals should understand how censorship
can be seen from a classroom perspective. If it is simply a student organization the advisor takes
the role of acting as a liaison to the administration and must be prepared to have conversations
with students about common practices seen in the journalism field. An example of this is the
New York Times standard of actual malice or the law of defamation. These standards are used
within a classroom setting help to create an expectation for students about what should be
considered news. If this were a classroom-based organization, it should be recognized that the
classwork is academic centered but also supported by the professor. This continues to be an issue
of academic freedom for the students and faculty. The use of proactive actions must also take
note of journalism standards to not create an opportunity for freedom of speech to be taken
advantage of. If the administration seeks to have more of a voice within the student press, they
should communicate directly with the advisor, professor, or even the students who have reached
out to them. It is not enough for the institution to expect information to not be distributed to the
student population if they remain silent on certain issues. It is recommended that some form of
expectations is created for the student organization and that a relationship is built between the
organization and the institution to help negotiate media coverage. In creating this relationship
there maybe aggravation from the students that could be seen as a con in the short-term but in the
long term this relationship will help to alleviate future conflicts.
When it comes to President Bilinski, disbanding the organization and removing funding it
is important to recognize that this cannot be an official action of the university without some
form of due process. Understanding that each organization must receive similar treatment, the
administration could look at student organization conduct codes to follow up with some kind of
disciplinary action for these individuals and the organization. However, in understanding cases
similar to this one, Stanley v. Magrath (1983) the courts ruled in favor of the organizations
stating that an institution cannot remove funding without being able to show and support a
reasoning behind this action. As university officials, it is important to follow up with this
organization, to discuss what conduct will occur according to student code of conduct and not
simply the actions requested of the President. While there may be some negative press based on
this decision, there is no legal threshold and the administration cannot take an action against the
organization legally without providing some reasoning and due process. This once again could
lead to administrative relationships with student organization and the reconstruction of student
organization code of conduct for the institution.
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Additionally, student affairs professionals must take into consideration what will be
discussed by the court system in this case which is to understand the motives, purpose, and
structure of the media outlet to help to define the forum of those outlets. As an institution or a
student activities office, this is going to help to establish guidelines for student organizations that
may put out newsletters or bulletins about the goings on at the university not only to its current
members but also to alumni. In establishing policies, the institution should is able to regulate its
reputation versus regulating that of the student speech. While freedom of speech or the first
amendment has been debated over the years, there are now clearer guidelines on what
administration can do to help create relationships with the students when it comes to student
publications, demonstrations, or other forms of free speech. By being proactive an institution can
create policies and guidelines to help create dialogue between the administration and the students
to promote healthy progress as an institution. Silencing the students is not an option and
therefore is important to form ways to have conversations with students and create outlets in
which information sharing can be respectable and also help create change at an institution.
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References
Antonelli v. Hammond, 308 F. Supp. 1329 (D.Mass.1970)
Bazaar v. Fortune, 476 F.2d 570, 573 (5th Cir. 1973)
Bd. of Regents v. Southworth, 529 U.S. 217, 22930, 120 S.Ct. 1346, 146 L.Ed.2d 193 (2000)
Dixon v. Alabama State Board of Education, 294 F.2d 150 (5th Cir. 1961)
Hazelwood School District v. Kuhlmeier, 484 U.S. 260, 108 S.Ct. 562, 98 L.Ed.2d 592 (1988)
Kaplan, W. A. and Lee, B. A. (2014). The law of higher education (5th ed.): Student version. San
Francisco, CA: Jossey-Bass
Kramer, D. T. Validity, under federal constitution, of public school or state college regulation of
student newspapers, magazines, or other publicationsfederal cases, 16 A.L.R. Fed 182
(1973).
Lake, P. F. (2011). Foundations of higher education law and policy: Basic legal rules, concepts,
and principles for student affairs. Washington, D.C.: NASPA.
Lisby, G. C. (2002). Resolving the Hazelwood conundrum: The first amendment rights of college
students in Kincaid v. Gibson and beyond. 7 Communication Law and Policy 129.
LoMonte, F. D. (2013). The key word is student: Hazelwood censorship crashes the ivy-covered
gates. 11 First Amendment Law Review 305.
Rosenberger v. Rector & Visitors of Univ. of Va., 515 U.S. 819, 842, 115 S.Ct. 2510, 132 L.Ed.2d
700 (1995)
Stanley v. Magrath, 719 F.2d 279 (8th Cir. 1983)
Tinker v. Des Moines Independent Community School District, 393 U.S. 503, 513, 89 S.Ct. 733,
21 L.Ed.2d 731 (1969)
U. S. Constitution, Amendment 1