The First Amendment: A bill to protect RI student journalists – The Providence Journal

Rhode Island's General Assembly has the chance to become the 13th state to pass a law protecting the rights of student journalists.

Earlier this year, student journalists at a Kansas high school decided to write a profile about their newly hired principal. As they researched the principals background, they began unearthing questions about her educational credentials.

For example, the young reporters found that she had received master's and doctoral degrees from a school, Corllins University, that was not currently accredited and that had been portrayed in articles as a "diploma mill." Four days after article ran in The Booster Redux, the principal resigned.

That story ended up earning the students widespread praise and national news coverage. But that story probably would never have seen the light of day if Kansas hadn't had a student press-freedom law on the books, said Frank LoMonte, executive director of the Student Press Law Center, based in Washington, D.C. They had the courage to go forward because the law protected their backs, he said.

In May, Vermont became the 11th state to pass a student press-freedom law. In early June, Nevada became the 12th state to enact such a law. And now, as the General Assembly nears the end of this years legislative session, Rhode Island has the chance to become the 13th state to pass a law protecting the rights of student journalists.

State Sen. Gayle L. Goldin, D-Providence, said the Booster Redux scoop bolsters the case for her bill, the Student Journalists Freedom of Expression Act (Senate Bill 0600). What it shows you is the value of having the freedom for students to do that kind of investigative journalism, she said. They were able to bring accountability to their school and to the whole school system, and on top of that, it was an incredible educational experience for them.

State Rep. Jeremiah T. OGrady, D-Lincoln, has introduced a similar bill (House Bill 5550), which extends protection to college journalists as well as the high school journalists protected by Goldins bill.

Justin Silverman, executive director of the New England First Amendment Coalition, said, "Student journalism is perhaps the greatest civics lesson we can teach in our schools. By allowing students to write about whats important to them, we are sending the message that what they say matters and needs to be heard. This is empowering not just for them but for the entire community that needs to know what is happening in our schools and to have the opportunity to do something about it. These student journalists arent just our future watchdogs. They are our eyes and ears right now.

LoMonte had a simple message for Rhode Island officials: I would tell them that journalism is not a problem for schools its a solution.

With the advent of social media, it is futile for schools to try to stop students from learning about and having conversations about controversial topics, LoMonte said. You cant hold back the flood of information," he said. "Its much better to manage it in a journalistically responsible way. I always tell people its their choice: The discussion of controversies will take place either in a supervised, accountable newsroom or on social media. But its definitely going to take place.

LoMonte said he has heard of no organized opposition to the legislation in Rhode Island. The only thing is hallway chatter that high school students are too young to be trusted with press freedom," he said. "My answer to that is: Read the bill. Its filled with safeguards.

For example, the Rhode Island legislation would not authorize or protect expression by a student that is libelous or slanderous or that incites students as to create a clear and present danger of the commission of an unlawful act or the violation of school district policy.

But the legislation would protect student journalists, and their advisers, from retaliation and censorship when articles address controversial topics.

Mike Donoghue, executive director of the Vermont Press Association and first vice president of the New England First Amendment Coalition, said Vermont legislators heard from student journalists about pushback they received from school officials when writing about controversies such as an impasse in teacher negotiations, sexting cases involving students and a bond item to repair schools. Such issues are reported by other media and theyre discussed by students in other settings, so students should be free to report on them, he said.

In its 1988 Hazelwood v. Kuhlmeier ruling, the U.S. Supreme Court upheld the right of a public high school in St. Louis, Mo., to censor student newspaper stories about teen pregnancy and the effects of divorce on children. States such as Massachusetts reacted to the Hazelwood ruling by passing press-freedom acts, and now a second wave of anti-Hazelwood bills are moving forward.

To help in the effort, Donoghue said he and LoMonte tried to get Vermont-based Ben & Jerrys to create a new flavor of ice cream called Hazelwood is Nuts. But Rhode Island shouldnt wait for Ben & Jerry; it should provide student journalists with protection so they can get their own scoops.

Edward Fitzpatrick is a former Providence Journal columnist,a board member of the New England First Amendment Coalition and director of media and public relations for Roger Williams University. His First Amendment column will appear monthly in The Journal. This piece first appeared on the university's First Amendment blog at rwu.edu/about/blogs/first-amendment-blog.