Court ruling limits papers' rights

First Amendment experts and university media advocates across the country say a recent court ruling puts campus communities’ right to information in jeopardy.

In a 7-4 decision, the U.S. Court of Appeals for the Seventh Circuit ruled that university administrators at schools that provide funding to student newspapers can review and censor content prior to publication.

The case, Hosty v. Carter, originated from the Illinois-based Governors State University where in 2001 the school newspaper editors sued the institution. They claimed that Patricia Carter, dean of student affairs and services, violated their First Amendment rights when she threatened to pull funding if she was not granted editing privileges.

The ruling frees Carter of wrongdoing and asserts that the 1988 Supreme Court case Hazelwood School District v. Kuhlmeier also applies to universities.

Both are dangerous and could spur unwanted effects that stretch beyond the 7th circuit borders of Illinois, Wisconsin and Indiana, said Kathy Lawrence, president of College Media Advisers.

“The danger of course is that other circuits will look to this one,” she said. “This is an attractive idea to some college administrators.”

But movement is afoot that could prevent that from happening.

The ruling will be appealed to the U.S. Supreme Court, and others are rallying behind the cause.

Mark Goodman, executive director of the Student Press Law Center, said the organization is drafting a formal response to the ruling and constantly advising students.

The center first began advising the Governors State University students in 2000 and filed friend of the court papers in the case and argued on the journalist’s behalf.

Lawrence said her group will be among several organizations that would file similar papers if the Supreme Court hears the case.

She said she is shocked and saddened by the case because of the crucial role student newspapers play on college campuses — informing readers and arming them with the knowledge they need to make key decisions.

“Anytime you have a circumstance that makes those students think twice … then you have something that runs counter to every single thing our democracy was established to protect,” she said.

To avoid that result, Richard Roth, Society of Professional Journalist regional director for Illinois and Indiana, said he’s ready with advice for students and will encourage newspapers to seek independence.

Goodman said controversial student organizations that receive university funds likely will be the first to be censored by administrators.

“It’s probably just a matter of time before some college officials start demanding the right to review a college newspaper as well,” he said.

Contact the State & National Editor at stntdesk@unc.edu.