Student Electronic Media and the First Amendment

During the past two decades, a significant body of case law and commentary has developed surrounding the issue of student press freedom. Although the Supreme Court's single pronouncement on the subject, which dealt with high school newspapers, significantly limited the editorial autonomy of student editors (Hazelwood School Dist. v. Kuhlmeier, 1988), a number of other cases have supported the right of editors of public university newspapers to retain broad editorial discretion (Antonelli v. Hammond, 1970; Dickey v. Alabama Bd. of Educ., 1967; Joyner v. Whiting, 1973; Stanley v. Magrath, 1983). As some commentators (Drushel, 1994; McKee & Panici,1992; Paxton,1995) have observed, what has been left unsettled by these cases is the degree of free expression accorded to student-operated university electronic media. Such media typically are in the form of over-the-air radio broadcast stations, radio carrier current, or cable television educational access stations.1 Assessing the First Amendment rights of students involved in these media outlets is especially important when one considers that a significant number of such channels engage in some form of news coverage. While no comprehensive data exist, a recent survey of campus television channels indicated that more than 110 schools were producing a weekly or daily newscast for at least one semester or quarter during the academic year (Hazinski, 1994). Furthermore, in smaller university communities the campus media may not be significantly augmented by local professional media outlets; thus, the need for student-controlled media to report freely on local issues is especially critical. Finally, the issue of freedom for student electronic media implicates journalism pedagogy. As Dvorak and Dilts (1992) noted, "Journalism education at its best is about teaching democratic values of citizen involvement, oversight, outspokenness, and dissent" (p. 3). Any attempt by university administrators to censor student electronic media is clearly antithetical to those goals. The balance of this article will provide an overview of the First Amendment status of college print media, and then discuss the degree to which student-controlled electronic media outlets warrant comparable expressive rights.2 University print media A critical element in evaluating the First Amendment rights of university student media is the structural composition of a particular outlet. Campus newspaper editors are usually chosen by some form of media board and staffing decisions are left to the papers' student management. While there may be a faculty adviser, the newspapers are typically independent of administrative review (Stone & Zedalis, 1983). The majority of funding for the papers is derived from advertising; some schools also provide support from student fees. The structural autonomy enjoyed by campus newspapers has not deterred administrative attempts to take action when displeased with the papers' content. The Student Press Law Center reported that in 1994, it received more than 800 requests for legal assistance from university students, many of whom were attempting to deflect censorship of campus newspapers by university officials (M.C. Hiestand, personal communication, Oct. 17,1995). Such attempts at prior restraint are one of three primary methods universities have used to shape the content of student newspapers (Avery & Simpson, 1987; Paxton, 1995; Tenhoff, 1991); the other strategies include sanctions against the editorial staff and attempts to alter the papers' funding. None of the three methods has met with significant success when challenged in the courts. 1. Prior Restraint. In 1988, the U.S. Supreme Court in Hazelwood v. Kuhlmeier upheld high school administrators' right to censor school newspaper stories as long "as their actions are reasonably related to legitimate pedagogical concerns" (p. 571). In its holding, the Court noted that it was not deciding whether such authority could be extended to university officials (p. …