Magazine article Academe

Faculty Feel Chill Wind from Yearbook Ruling

Magazine article Academe

Faculty Feel Chill Wind from Yearbook Ruling

Article excerpt

FOR ELEVEN YEARS, THE U.S. SUpreme Court ruling in Hazelwood v. Kuhlmeier-which grants school administrators broad control over highschool newspapers-sent shivers through K-12 publishing. While hoping one day to remove the 1988 decision from the legal canon, teachers and free-speech advocates hardly dreamed that it might threaten highereducation publishing. But with its September ruling in Kincaid v. Gibson, a panel of the Sixth Circuit federal appeals court has made that distant concern a reality.

"The majority seems to have extended carte blanche to university publications the content-based restrictions allowed by the U.S. Supreme Court for high-school publications," says Donna Euben, associate counsel at the AAUP. "This ruling, if it stands, has serious implications for college and university journals, law reviews, and perhaps university presses," she adds.

The case centers on a student yearbook at Kentucky State University. In 1994, university officials confiscated two thousand copies of the publication and stashed them in a storage room, alleging that the yearbook, with its purple cover, did not match school colors, contained an objectionable news section, and lacked overall quality. The confiscation coincided with the demotion of the student newspaper's faculty adviser, who did not remove material that rankled administrators from the paper before publication.

In 1997 a federal district judge set aside students' First Amendment objections to the confiscation, prompting the appeal to the Sixth Circuit panel in Cincinnati. …

Search by... Author
Show... All Results Primary Sources Peer-reviewed

Oops!

An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.