THE UNIVERSITY DAILY KANSAN
OPINION
THURSDAY, DECEMBER 8, 2005
WWW.KANSAN.COM
LEAVE IT TO BEAVER
PAGE 11A
Student newspapers must have free speech
After a year of legal wrangling, current and former students of East Bakersfield High School and members of its student paper, The Kernal, are finally getting what any journalist wants: a good story in print.
One might wonder why several months, a lawsuit and the graduation of some staff members might elapse before the publication of quality news.
The principal at East Bakersfield banned the articles from publication because of their content — interviews with LGBT students about their experiences, relationships and thoughts on their sexuality.
No, the students didn't need the time to find sources or check facts. They needed to fight for their rights.
The case brings up a lot of issues, namely that of gay rights in American society.
Let's focus instead on why the students wanted the stories printed. Not because they wanted to be rebellious or cause trouble.
TY BEAVER
opinion@kansan.com
As The Kernal's former features editor, Travis Mattias, said, "It wasn't so much about gay rights. The people in the article have a right to have their stories told. We wanted to tell them."
While Tinker v. Des Moines was the case that ruled that students had the right to express their political and social views in school, Hazelwood v. Kuhmeier is the precedent for high school journalism cases.
It states that student-produced media are not public forums and that "educators do not offend the First Amendment by exercising editorial control over the style and content of student speech in school-sponsored expressive activities, so long as their actions are reasonably related to legitimate pedagogical concerns."
And the Bakerfield's principal line of action was in practice before the 1988 decision. In 1974, the findings of a Commission of Inquiry into High School Journalism found that "fear of reprisals and unpleasantness, as well as the lack of a tradition of an independent high school press, remain the basic forces behind self-censorship."
One could argue that the censorship of high school journalism isn't a concern because college newspapers and those outside academia are not affected by it. And besides, adolescents need guidance and someone looking out for their safety.
But this disregards the risk that any censorship creates; ignorance. If there's any place where knowledge should not be withheld, it's in a school.
By censoring The Kernal's articles, the principal is sending the message that the experiences of the students in the article are not of public interest or public use.
More importantly, it tells students that they have no right, only the privilege, of expressing their views.
Students are graduating from high school with no concept of what their First Amendment rights are.
Even their educators are uninformed. According to a survey conducted by the Knight Foundation, only 51 percent of high school students, teachers and faculty believe that newspapers should print material without government permission.
Only 25 percent of students believe one can burn the American flag legally and half of those students surveyed believe the government can censor content on the Internet.
If future citizens are not taught how to use their rights properly, or are told that they are not entitled to them, how can the country survive?
If students don't learn to express themselves or challenge society, no one can learn anything.
High school principals should encourage their student journalists to tackle issues that affect their classmates. As the Commission discovered, "where a free, vigorous student press does exist, there is a healthy ferment of ideas and opinions, with no indication of disruption or negative side effects on the educational experience of the school." But what about student safety? Schools often assert that they need to protect their students overrides any need for freedom of expression. But The Kernal's staff asserted that several of the students they interviewed were already open about their sexuality with their classmates.
The staff obtained the written permission of the other sources and the sources' parents otherwise. The interviewed students made the conscious choice to express themselves and understood there could be consequences.
The staff's lawyer, Christine Sun, said, "The students don't have to choose between free expression and their safety. They
have a right to both."
Fortunately, the state of California saw the dangers that Hazelwood presented to the free press.
In 1992, the legislature passed the Leonard Law that states that school districts "shall not make or enforce any rule subjecting any high school pupil to disciplinary sanctions solely on the basis of conduct that is speech or other communication" that is protected by the First Amendment.
With this statute in place, the court saw the principal's actions for what they were: a needless restraint upon an otherwise healthy discourse of ideas.
One can only hope that future cases are decided in like fashion and encourage the Supreme Court to revisit the Hazelwood decision so that students can learn to express themselves as the citizens they truly are.
♦ Beaver is a senior in journalism. He is Kansan campus news editor.
Free All for
Call 864-0500
Free for All callers have 20 seconds to speak about any topic they wish. Kansan editors reserve the right to omit comments Slanderous and obscene statements will not be printed. Phone numbers of all incoming calls are recorded. Instant message the Free for All at *ukfreeoforall*.
My wife explained the popped-collar thing.
Why in the hell is that even a topic of discussion?
Uneducted Bible-thumpers: beating atheists, black people and gay men since 1861 Don't you just love Kansas?
What the world needs now, is love, sweet love. It's the only thing that there is just too little of.
What the world needs now, is love, sweet love.
No, not just for some but for everyone!
DK, listen. I do not care if you made that CD or not, drunk girl, your music sucks and I am going to change it, and no amount of drunk-girl whining is going to prevent me from doing so.
I wish the sports columnists knew something about sports.
I just broke up with my boyfriend to marry my roommate on facebook
It's snowing!
+
So, I just saw a flask in the Urban Outfitters catalog that said "What Wouldn't Jesus Do?" How awesome is that?
It is getting pretty bad. I just opened my fridge and the only thing in it was a half empty box of Arm and Hammer baking soda, a mustard packet and a dead cockroach lying on his back with his legs in the air.
As for the comment about Kansas football teams, The Chiefs are in Kansas City, Missouri. Nice.
Editor's note: Good luck, kids. You're the best.
LETTER TO THE EDITOR
Condoms not just for AIDS
I find it most unfortunate that Corey Judd failed to find purpose in the distribution of condoms recently on Daisy Hill. Perhaps he is unaware of the necessity of a barrier during sexual encounters.
Perhaps he, as well as many other Daisy Hill residents, neglect to concern themselves with the pressing health issues at hand.
Unprotected sex spreads diseases just like not covering
For example, if 1/5 of adults will contract an STD in their lifetime, most likely in college, then if you have 4 friends one of you is probably going to walk out of here with the clap. This isn't unrealistic thinking.
Unrealistic thinking is having unprotected sex and assuming you didn't contract anwthing.
your mouth when you cough or neglecting to wash your hands when ill.
The AIDS epidemic is vast, but genital warts and chlamydia and genital warts are more common on college campuses than in state penitentiaries.
AURH handing out free condoms at Mrs. E's to spread AIDS awareness is something worth getting upset about, but not because it might be unconstructive to the larger picture of AIDS in Africa, they were trying to help students stay healthy by practicing protected sex.
Center are just trying to tell you that, as much fun as sleeping around might be, it will undoubtedly end negatively, most likely with burning', itching and lots of general unpleasantness, not to mention the loss of your potential to conceive a child or the loss of your wild sex-filled life.
While AIDS awareness is important, STD awareness and condom advocacy are the real messages relevant to a melting pot of STDs like college residence halls.
Don't get caught up in the issues or upset that some guys taking some free condoms isn't helping the situation in Africa.
So Daisy Hill residents, take home some condoms, practice lots of safe sex, and take it to heart that you are doing your small part to prevent disease transmission.
Instead take to heart that AURH, Hawks for Health and Watkins Memorial Health
♦ Kathryn Istas is an Omaha sophomore.
TALK TO US
Austin Caster, editor
864-4854 or acaster@kansan.com
Matthew Sevick, opinion editor
864-4924 or msevick@kansan.com
Joshua Bickel, managing editor
864-4854 or jbicket@kansan.com
Sarah Connelly, business manager 864-4014 or adddirector@kansan.com
Jonathan Kealing, managing editor 864-4854 or jealing@kansan.com
John Morgan, sales director
864-442 or addirector@kanan.com
SUBMISSIONS
Malcolm Gibson, general manager, news
advisor
864-7687 or mlibson@kanapan.com
Jennifer Weaver, sales and marketing adviser
864-7666 or jweaver@kansan.com
The Kansan welcomes letters to the editors and guest columns submitted by students, faculty and alumni.
The Kansan reserves the right to edit, cut to length, or reject all submissions.
For any questions, call Austin Caster at 864-4810 or e-mail opinion@kansan.com.
General questions should be directed to the editor at editor @kansan.com.
LETTER GUIDELINES
Maximum Length: 200 word limit
Include: Author's name and telephone number; class, hometown (student); position (faculty member); phone number (will not be published)
GUEST COLUMN GUIDELINES
**Maximum Length:** 650 word limit
**Include:** Author's name; class, home-town (student); position (faculty member); phone number (will not be published)
**Also:** The Kanan will not print guest
Also: The Kansan will not print guest columns that attack another columnist
EDITORIAL BOARD
Elias Ford, Yanting Wang, Joel Simone, Danh Hoyt, Annie Wetmel, Juliis Parish, Nathan McGinnia, Josh Goeting, Sara Garlick, Travon Brown, Juall Portillo, David Archer
SUBMIT TO
Kansan newsroom:
111 Attuifer-Flint Hall
1435 Jayhawk Blvd.
Lawrence, KS 68045
786) 864-4810 opinion@kansan.com
GUEST COMMENTARY
Student Senate allocates funds appropriately
The reality of student politics is our Student Senate has 90 senators, 70 of which are elected by you, the student body. There are 10 appointed senator positions that are given to groups that have been traditionally underrepresented on campus, ensuring that these groups have at least one representative who is a liaison between their groups and Student Senate. These are groups such as Black Student Union, Asian American Student Union, First Nations Student Association, Hispanic American Leadership Organization and Stouffer Neighborhood Association. The reality is every one of our senators is involved in at least one if not multiple other organizations on campus. It is no surprise that many organizations that Student Senate funds have a student senator in them, because a significant portion of student organizations have student senators in them. Senate is responsible for allocating a large portion of your student fees. In order to fulfill our fiscal responsibility to the student body, we are strict with the ways in which we use this money. This is not pork politics, this is responsible government.
When a piece of legislation comes before Student Senate, several criteria are considered. First, is this group open to all students? Can any student become a member of this organization and utilize the funds we are allocating? Secondly, if this group has been funded in the past, have they been good stewards of the students' money? If a group has misused or not spent the money allocated to them, they are more likely to be scrutinized by Student Senate. Thirdly, will this money benefit students in a significant way? Our job is to spend money in a way that is responsible and beneficial to all students. The money we allocate from all of our accounts is designed to allow students opportunities on this campus that they could not accomplish on their own.
MARYNELL JONES
OPINION@KANSAN.COM
Student Senate allocates a sum to itself in order to maintain functionality and help better support students. We have a full-time staff secretary, and if any member of a student organization has ever been through our office you know how valuable Diana is and how crucial her work is to student groups who come through to spend their money. She does not work only for Student Senate; she
works for all student organizations. The money that is paid to our staff is no different than that which is paid to most other student employees on campus. The difference is: it is our job to serve the student body. We spend our 20 office hours a week fighting for issues important to you. We use those hours to work on the building plans for the new Multicultural Resource Center and expansion to the Recreation Center, on lobbying at the city and state level, fighting for student issues between landlords and tenants, on providing student groups with the opportunities to fund speakers and attend conferences, on reaching out to student groups and letting them know funding is available, we work to get students more for their tuition money and make the college experience better. The money that is given to Student Senate is almost directly allocated back to the students.
Do not be fooled by rhetoric that implies shady politics and unfair biases. Remember that we as Student Senators are first and foremost students, who work hard to provide a better experience for each student and do our best to spend your student money responsibly.
- Jones is a Wichita senior in English. She is Student Body Vice-President.
LETTER TO THE EDITOR
Don't let symbols hurt you
To use columnist Gina Ford's logic, most people are under the misconception that the cross is a symbol of Christianity, but people should know it to be a fiery symbol of the KKK.
Some make the same projection with the Southern Cross, aka the Confederate Navy Jack or Rebel Flag.
War (the Emancipation Proclamation only freed slaves in states that seceded).
Fact check: Neither the Confederate States of America or "Confederacy" did not fight to defend nor was the Rebel Flag created to represent the Jim Crow laws. The Dukes of Hazzard's car, the "General Lee," has the Rebel Flag flanked by its nickname on the car's roof, not hood. The United States flag also represented Union states Maryland and New Jersey which didn't end their slavery until nearly the end of the Civil
Why call those who have moved beyond such antagonist
It only has the power you surrender to it, yet to play a victim is to decline control, defer responsibility.
What is most disheartening is that the generalizing, projection and myopia Ford uses regarding the flag are the same tools racism relies on.
By fearing a piece of cloth, a design or a historical flag, you concede it to racists. You make yourself a victim to that victory.
Can't what Melva Landrum views as ignorance of history just as easily be viewed as a proof of a degree of sentiment detoxification toward a naval flag?
assumptions to abandon that higher ground?
Ever rest one leg across the other when sitting? Do you know how offensive that can be to Muslims to show the bottom of your foot, the lowest part of your body, to them?
If not, "then you need to understand the history and how hurtful it is." Right?
Or is it possible that many Southerners identify with the Rebel Flag like we do with the Jayhawk, as offensive as it is to Missourians who suffered at the hands of guerilla Jayhawkers just as Kansas suffered at the hands of Quantrill's Raiders generations ago?
◆ Joe Glowacki is an Overland Park senior.