The Missouri Senate's education committee heard testimony again Tuesday on a bill that aims to expand First Amendment protections for student journalists in public high schools and colleges - protections that have historically been limited in comparison to professional journalists.
Rep. Kevin Corlew, R-Kansas City, said a version of his HB 1940 - the "Cronkite New Voices Act" - has passed the Missouri House of Representatives each year for the past three years, but hasn't yet made it out of the Senate. Corlew added the bill did pass the Senate education committee last year.
He hopes a successful passage and enactment into law this year will address the precedent set by the U.S. Supreme Court in the 1988 Hazelwood School District v. Kuhlmeier case.
The court in that case ruled "student journalists do not have the same First Amendment freedoms as other journalists. So, this bill provides a framework for exercising those freedoms. It does not provide carte blanche to write anything," he said.
As a comparison, Jefferson City Public Schools' current Board of Education policy on student publications - policy IGDB, adopted in 1990 and last revised in 2002 - states "School-sponsored publications and productions are part of the curriculum and are not a public forum for general student use. School authorities may edit or delete material which is inconsistent with the district's legitimate educational concerns. All student media shall comply with the ethics and rules of responsible journalism."
Blair Oaks R-2's policy 2910 on student publications similarly grants a building principal or other designee the authority to "delay or stop distribution of any materials proposed for printing or that have been printed which may be reasonably forecast to cause substantial disruption or obstruction of any lawful mission, process or function of the school."
JCPS' policy language also goes on to protect information from students' personally identifiable education records. The policy cites Hazelwood v. Kuhlmeier as an additional resource on the subject matter of the policy.
HB 1940 would continue to maintain protections on "legitimate educational concerns" and the authority to prevent reasonably foreseen "substantial disruption or obstruction," but more specifically defines such concerns, so as to create a legal space for material in student media to "not be suppressed solely because it involves political or controversial subject matter."
In other words, students' reports couldn't be suppressed merely because they might reflect poorly on their institution's image or actions.
If Corlew's bill were enacted, no public school district or college could hold any school-sponsored media from publication - what's known as exercising prior restraint - unless the administration or students' media adviser reasonably determined or anticipated the media would be libelous, slanderous, an invasion of privacy, in violation of state or federal law, a threat of violence, an advertisement of a service or product that's illegal or prohibited from sale to minors, in violation of the rights of others, "likely to incite students to commit an unlawful act or to violate school district policy or procedure" or "likely to materially and substantially disrupt or interfere with the orderly operation of the school."
HB 1940 protects the authority to review material before publication, the teaching of professional journalism standards and student reporters' and editors' rights to determine the content of school-sponsored media. It also protects media instructors from disciplinary action in the event they refuse to infringe upon students' freedom of expression rights.
No one testified against the bill, and supporters included the Missouri chapter of the American Civil Liberties Union, Missouri NEA and Missouri Press Association. Several high school and college students from across the state also testified in favor of the bill.
Bryce Johnsen is a junior at North Kansas City High School, has co-produced a bi-weekly news broadcast for two years, plans to go on to study journalism in college and wants to become an international reporter.
Johnsen described old legislation based on the ruling in Hazelwood v. Kuhlmeier as a gag on the voices of student journalists.
"Just last weekend in Kansas City, my peers walked for our lives, and even now, I'm not sure I could report on that. Student voices are boiling to the brim, and we have more tools than ever to share our thoughts," he said.
He added students' voices and ability to learn journalism in an age when more good journalism is needed shouldn't be held back.
Sen. Ed Emery, R-Lamar, asked him if he could name a specific instance in which his reporting had been cancelled.
Johnsen acknowledged that hasn't happened in his personal experience, but said friction with administrators does exist. "While nothing has ever been outright(ly) cancelled or revoked, it's mostly because we're afraid to put anything out that might be revoked," he said.
Illinois, Arkansas, Kansas, Iowa and 10 other states have all passed New Voices legislation, with such legislation pending in other states including Nebraska, according to the New Voices movement's website.