By Seth Helton
http://stream.publicbroadcasting.net/production/mp3/wkms/local-wkms-974922.mp3
Murray, KY – During the waning days of the school year, Heath High School Principal John Reid made the decision to pull the annual "Senior Edition" of the student paper from circulation. The decision has drawn into the limelight questions about the rights of the student press and the rights of the administrators of the schools they attend. Seth Helton has more.
The Heath Post publishes an annual "Senior Edition," as a send-off to the graduating class. For the past two years, Students have published The Heath Post exclusively online in the high school's multimedia class. Then-senior Lexy Gross was a member of the class and editor of this edition of the paper, along with classmates Chelsea Harris and Sarah Quarles.
"We've always printed a copy of the senior edition. Last year our paper was online also and we decided to print it through Paducah Sun like we have every year in the past."
Roughly five minutes after being distributed two students appeared at the school guidance counselor's office visibly upset. The students were in tears over content in the paper they found embarrassing and offensive. After the students spoke with the school counselor, Principal John Reid made the decision to pull the paper from circulation. Gross describes the content deemed "offensive."
"Some of the headlines were controversial in students' eyes. Every year we have controversial headlines that can upset students. What caused the paper to get pulled was the fact that we had all the switch-ups with teachers and didn't have anyone to edit the paper."
McCracken County Schools Director of Public Relations Molly Goodman says no staff adviser edited the edition in question. This was cause for concern for Principal Reid as the paper was not approved by Heath High School staff prior to publication.
"The procedure for printing a newspaper at Heath High School was not followed in this particular instance."
Goodman continues;
"He thought that if there were statements in the publication that could be humiliating or that could be embarrassing, that is was best to collect the papers and investigate the situation."
Gross and her classmates were called to Reid's office from class after he was visited by upset students. Reid told Gross and her classmates to go out into the school and collect the copies of the paper they had just distributed.
"We were not happy about it at all. I had to pick up all the papers in the school and I can say for myself that we didn't get nearly the amount we gave out back."
The question stands: what grounds did Reid have to pull the controversial issue from stands? What rights do student journalists have in the school systems where they learn? Attorney advocate Adam Goldstein of the Student Press Law Center offers a brief history lesson of the rights of student press starting with the Supreme Court case of Tinker v. Des Moines Independent Community School District.
"1969 was sort of the high water mark for student rights, saying that when it's your expression that you've created that you have the right to share it as long as it's not going to create some physical event that will affect the operation of school."
Goldstein says the ruling establishes what is known as the "Tinker Test." The test looks to establish a grounds for censorship based on whether or not student-published media could cause a physical response, be it a fight or protest that disrupts education.
"Then in 1988 the Supreme Court decided Hazelwood v Colemeyer said that if the school is sponsoring the expression, like if the school is paying for the newspaper they could censor it for any legitimate educational reasons."
Confounding the situation at Heath High School is that this edition of the paper was not funded by school administers. Goldstein opposes the reaction, saying:
"The applicable precedent is still Tinker, and that means that when the school isn't footing the bill the students can distribute that speech unless it creates a physical event that disrupts the normal operation of school."
Goodman counters Goldstein's argument with state laws that limit what is acceptable in written communication in the classroom.
"Policy 09.426 gives the principal the authority to act upon matters that he believes are disruptive to the education process. The law includes a section that addresses written communication meaning written communication that would cause a student to suffer humiliation and embarrassment and for no purpose of legitimate communication."
Goldstein calls the policy "unconstitutional" and in opposition with rights granted by the 1st amendment. He clarifies what factors would need to be applied, in his opinion, for the decision to be justified.
"So if the content was defamatory in any way that would be a legitimate reason to pull it. But it doesn't sound like anyone thinks it defamatory it sounds like it hurt someone's feelings. The question would be can the school continue to operate if one or two people were upset. One would hope it could."
The school continued to operate as usual despite the controversy. Gross, and her classmates have since graduated and set their sights towards college. The students do not wish to challenge the decision or pursue legal action.
"The only thing that I would like to do is to give the seniors their newspapers."
Principal Reid presented the students the option to re-publish the "Senior Edition" with his approval. Specifically he offered the opportunity to edit out the offending content under his supervision. It is unclear why the students did not choose this route. For WKMS News, I'm Seth Helton