Why should students care about Hazelwood?
January 9, 2014
Censorship — it is an often-used word, but it can be difficult to understand the wide-reaching effects and consequences of the court cases that lead to present-day circumstances and why censorship occurs.
It is easy to throw out the First Amendment and “freedom of speech,” but there are several other factors to take into consideration, officials say. One such case to consider is known across the United States as Hazelwood, and it affects students all over the country.
What is Hazelwood?
The United States Supreme Court made a landmark decision in January 1988 that held public school student newspapers that were not forums for free expression could be subjected to a lower standard of First Amendment protection.
The case stemmed from a student-run newspaper at Hazelwood East High School in Missouri. The newspaper was produced and published by students in a journalism class, and stories set to run in the paper were consequently censored in 1983 for containing elements deemed inappropriate by the principal for the high school audience, according to the Student Press Law Center’s “Guide to Hazelwood.”
While the District Court ruled in favor of editor Cathy Kuhlmeier, the U.S. Supreme Court overruled the decision on the grounds that the justices did not believe the students’ First Amendment rights were violated by the censorship.
How does Hazelwood affect students?
Hazelwood’s censorship effects are not limited to student journalists, said Frank LoMonte, director of the Student Press Law Center.
“In fact, relatively few of the First Amendment cases that end up going to court involve journalism,” LoMonte said.
One of the first tests of Hazelwood at the college level involved the University of Alabama’s Student Government Association, LoMonte said. Hazelwood permits the regulation of student government officials’ speech on the basis that the regulation is reasonable.
“Alabama has been subject to these strict Hazelwood laws ever since,” LoMonte said.
Alabama is one of 15 states with the strictest Hazelwood laws in the country — college students are not protected from Hazelwood’s effects, according to the SPLC’s website Cure Hazelwood.
It doesn’t stop with student government, though, LoMonte said. Religious free speech and disagreements over a university’s curriculum and course content have also been hot topics for Hazelwood censorship.
Some students, like junior Erin Mcallister, said they can see where the government is coming from with these laws.
“I guess they want to keep things as pure as they can,” Mcallister said. “Maybe they just want to see that it’s a comfortable environment for everyone. I think they just want to regulate things to make the environment as equal as they can for individuals on the campus.”
However, the Hazelwood laws don’t seem ethical, Mcallister said.
“I think that we should all have out First Amendment rights, but I do think it depends on the context in which somebody is speaking,” Mcallister said. “I think for the most part, everyone’s rights should be respected.
What can students do to combat Hazelwood?
“The first thing students need to do is get that story on the record,” LoMonte said. “The only way you make change is to let the public know what’s going on. A lot of censorship goes unreported.”
Many of the reported free-speech controversies end up being resolved before they go to court, though, with the help of allies, LoMonte said.
“I think that we need to get to a point where student free speech rights are a consumer issue,” he said. “Students choose their college based on a lot of things, but not their rights. You should know your rights before choosing a school. But nobody anticipates getting into trouble, so you don’t consider those rights.”
Those in charge assume that students don’t take their words seriously, said James May, sophomore.
“I feel that (students) don’t speak like (administrators),” May said. “We’re more open. I guess they think that we don’t think about what we say.”
Censoring what students can say isn’t fair, May said.
“We’re supposed to have freedom of speech,” May said. “We supposed to be able to think and say whatever we want. It goes against our amendment rights.”
Campuses should be clearer about what you can and cannot say, May said.
What is the university’s free-speech policy?
UNA’s free-speech policy can be found online in its entirety, but restricts any number of things, including “fighting words,” “hate violence” or anything that “disrupts or obstructs educational and other activities of the university.”
“The University of North Alabama is committed to fostering a learning environment where free inquiry and expression are encouraged,” reads the opening statement of the policy.
The campus speech policy shouldn’t be easily amended, Mcallister said.
“It leaves the door open to what’s right and what’s wrong, and it leads people to question what they can say,” Mcallister said. “I think there should be more awareness about (the campus speech policy) because a lot of people don’t know about it. People are going to end up saying things, and then one day they’ll get caught in whatever they (said) and not realize that they did anything wrong.”