College press claims victory with court ruling

By Mark Bieganski

In a victory for public college and university newspapers, the U.S. Court of Appeals decided that administrators cannot censor student-run newspapers.

The case arose in 2001 when editors of the Innovator, Governors State University’s student newspaper, decided to sue the dean of student affairs Patricia Carter for censoring the newspaper.

The decision, which wasn’t expected until mid-summer, doesn’t support the state of Illinois’ request to apply a ruling in a similar case involving high school publications.

In 1988, the United States Supreme Court granted administrators in the Hazelwood School District authority to review and censor its high school-sponsored newspapers. The state of Illinois was looking for this decision to be applied to public college and university students, but has been unsuccessful so far.

“It’s a wonderful victory,” said Mike Hiestand, attorney for the Student Press Law Center. “It could have been a devastating defeat, but luckily it went the other way.”

He said throughout the case, there was a feeling that the law would be on students’ side.

Mark Goodman, executive director of the Student Press Law Center, said in a press release he hopes this decision reaffirms the last 30 years of college censorship cases.

“We hope that this ruling will dissuade—once and for all—college officials who are inclined to censor from engaging in that unconstitutional behavior,” Goodman said.

In its ruling, the Court said, “…Hazelwood’s rationale for limiting the First Amendment rights of high school journalism students is not a good fit for students at colleges of universities.”

The decision went on to state that the differences between college and high school newspapers are far greater than differences in curriculum and extracurriculars.

Carter, who looked for qualified immunity in the case, was denied. The court denied her request on the notion that if her action to censor the Innovator is true, then “she violated clear rights of which she should have been aware.”

“I think the decision reflects that there was no uncertainty in their mind and what school officials at Governors State did was wrong,” Hiestand said.

He said that the case is not over because it could carry on in trial courts if it continues to be pursued.

“Other courts that are faced with this question are going to look at this decision,” Hiestand said. “The students won big time today, but the case is ongoing. I think it’s just a matter of formality now.”