Deadline Pressure: Rhode Island Should Pass Student Press-Freedom Law

By Edward Fitzpatrick | NEFAC and Roger Williams University

Earlier this year, student journalists at a Kansas high school decided to write a profile about their newly hired principal. As they researched the principal’s 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 accredited at the time 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 year’s 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.”

Goldin said she first introduced the bill last year when student activists working with the Providence Student Union called for such protections. State Rep. Jeremiah T. O’Grady (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 Goldin’s 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 what’s 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 also 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 aren’t 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 — it’s 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 can’t hold back the flood of information,” he said. “It’s much better to manage it in a journalistically responsible way. I always tell people it’s their choice: The discussion of controversies will take place either in a supervised, accountable newsroom — or on social media. But it’s 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. It’s 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 NEFAC, 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 they’re 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 & Jerry’s to create a new flavor of ice cream called “Hazelwood is Nuts.” But Rhode Island shouldn’t wait for Ben and Jerry; it should provide student journalists with protection so they can get their own scoops.

Edward Fitzpatrick is director of media and public relations at Roger Williams University and a member of NEFAC’s Board of Directors. This post originally appeared on the university’s First Amendment blog.

Above photo provided by Flickr user Cory Doctorow and used under a CC 2.0 license


NEFAC was formed in 2006 to advance and protect the Five Freedoms of the First Amendment, including the principle of the public’s right to know. We’re a broad-based organization of people who believe in the power of an informed democratic society. Our members include lawyers, journalists, historians, academics and private citizens.

Our coalition is funded through contributions made by those who value the First Amendment and who strive to keep government accountable. Please make a donation here.

Major Supporters of NEFAC for this year include the Barr Foundation, The Providence Journal Charitable Legacy Fund, The Robertson Foundation, Lois Howe McClure, The Boston Globe and Boston University. Celebration Supporters include The Hartford Courant and the John S. and James L. Knight Foundation.

3 comments on “Deadline Pressure: Rhode Island Should Pass Student Press-Freedom Law

  1. RI Burning

    These two bills (1) affirm the right of government to determine which speech is deserving of full legal support and which speech is not. This has huge implications for the websites and social media through which most Americans now choose to receive their news, given the manifest unwillingness of the so-called mainstream media to deliver information in an accurate and balanced manner. These bills also (2) open the door to government censorship of religious publications, a prospect that Mr. Fitzpatrick appears to warmly support. This is a clear violation of every piece of constitutional law with which I am familiar, and opens yet one more avenue for the endless harassment of religious institutions by the NEA and the ACLU. The sponsors of both bills are Democrats, and beholden to the government unions that run Rhode Island. Mr. Fitzgerald was until recently a columnist for a mainstream unionized publication that competes with the Internet. Mr. Fitzgerald is an accomplished writer, but underneath the stream of professed virtue and carefully selected examples is one simple truth: These bills are horror stories.

    1. newengland Post author

      RI Burning, thanks for taking the time to express your concern. The bills address student speech and provide to students many of the same protections enjoyed by professional journalists. What parts of the legislation make you concerned about the ability to express oneself through websites and social media, or allow harassment of religious institutions? I’d be grateful if you could expand on your comment so I can better understand your perspective. — Justin

  2. SA

    This is of course an interesting story, but I wonder how many people know it is currently impossible for adults in the press and public to do what those kids did with respect to a presidential candidate in the USA who attended a public university.

    That’s right – thanks to a 1974 federal law “The Family Educational Rights and Privacy Act” (known as “FERPA”), the press can not obtain college transcripts of a candidate running for vice president or president if the candidate attended a public, taxpayer-funded college or university.

    I am trying to change that law so that the press is no longer obstructed in doing its job, and the public can also request a national candidate’s college transcripts – as right now, I have good reason to believe at least two national figures who were college drop-outs have successfully posed as college graduates in their campaigns. This fraud has to stop.

    In the private section an employer can request a college transcript of any employee, including its CEO, and oust the person for resume fraud for fabricating education credentials (as happened with the CEOs of Yahoo, Radio Shack and others). But when the People are the employer, our hands are currently tied.

    Please consider signing my White House petition and help me change the law, as if I get a certain number of signatures, the White House is supposed to respond:

    https://petitions.whitehouse.gov/petition/restore-election-integrity-return-federal-candidates-public-college-transcripts-public-records-revise-ferpa-now

    Thank you.

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