AM noted that since 1985, there has been a similar pattern of few court cases and small settlements. There have not been any cases where a university had to settle a claim for libel. In response to a question about who pays the fine, AM explained that if neither the students nor the publication have funds, a plaintiff will challenge the school. However, each case is fact-specific. Mr. Kast spoke about case law and issues such as control versus liability, and the first amendment.
Most cases are concerned with censorship and prior restraint.
RK advised that MWC be careful if trying to regulate the student newspaper. There is a recent case in which a panel of three judges ruled in favor of the University of Kentucky s assertion of strong regulatory measures against the student newspaper and year book, and the verdict was affirmed by the 6th Circuit Court, but the decision was based on a high school case using in loco parentis logic. This is the first time high school precedent has been applied to a college, and the case will be heard again. If the verdict is unchanged, the case will likely go to the Supreme Court because it is an aberration. RK agreed with AM that few cases concerning libel or defamation have been filed that were tried and reported.