Archive | First Amendment

Hazelwood: Some Remaining Questions

By on November 12, 2012 in First Amendment, Internet

As our great keynote speaker, panelists, and audience members discussed the 25-year history of Hazelwood v. Kuhlmeier last week, it became clear that there still is scholarly work that needs to be done in this important area of law.  Here are a few of the interesting questions raised at the conference:

What are the connections between school culture, student free expression, and civic engagement?

Are public school journalism programs being cut due to overall budget cuts?

What are the academic backgrounds of school media advisers, and do they matter?  Is a media adviser with a background in the humanities more likely to support student free expression than an adviser with a background in math or science? One audience member asked whether social studies teachers, who should care about civic engagement, should work with student journalists. Another person observed that teachers too often don’t work outside their subject-specific silos.

How are charter schools regulating the expressive activities of their students?  One of our panelists observed that charter schools are public schools that want to operate like private schools.  She said there are many examples of censorship by charter schools and of charter schools with no student media at all.  California has enacted a statute to prevent charter schools from denying their students’ constitutional rights.

What has been the impact of the nation’s political polarization on student free expression?

What, if anything, is left of Tinker?

What is online student speech, and what is offline student speech?  (Or, more eloquently, where is the schoolhouse gate?) How do and should courts differentiate between the two?

Keynote speaker Erwin Chemerinsky said the Supreme Court treats schools as authoritarian institutions – like prisons.  To what extent is the Court correct?  What does that mean for student free expression?

If you have other questions to share, please post a comment.  Thanks for the great conference, everyone!

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Hazelwood’s Sheep

By on November 9, 2012 in First Amendment

University of Arizona’s David Cuillier told us yesterday that “we’re raising a generation of sheep” in the wake of Hazelwood v. Kuhlmeier, the U.S. Supreme Court case that curtailed the First Amendment rights of students. The Media Law & Policy Center has been holding an eye-opening two-day conference on the 25th anniversary of the decision and the state of student speech more generally.

David’s comments hit me hard as a teacher of college students but especially as the mother of a 9-year-old.

Though the U.S. Supreme Court told us in Tinker v. Des Moines that students’ free speech rights don’t stop at the schoolhouse gate, we may want to think about having parents and educators check their helicopter propellers there. I work hard to check mine every morning, but as I look around, I see many of us, including teachers, swooping in at the first sign of struggle with our children and with our students. Our effect on student speech environments is significant, and it is fundamentally changing how we think about free speech and how we think about regulating it.

Our tendency toward the “helicopter response” is showing up in our classrooms, and it makes talking about controversial topics just that much tougher every year I teach.

On Wednesday I decided to reserve time in my journalism media law class for discussion of the presidential election. At first, students were hesitant to talk, as usual, for fear of judgment and disagreement. I did my usual teeth-pulling. Finally, I was told that they were sick of the social media cacophony they were witnessing by those who had “won” and those who were “ready to pray every day to save America.”  Like the four-year-old whose plea for the election to be over went viral, my students were ready to stop talking about the election.

But the truth is they never really started. The truth is that many of them have stayed inside the sheep pen. And we let that happen.

Critical pedagogy theorists like Mina Shaughnessy, Paulo Friere and Henry Giroux have been urging us for years to allow our students to struggle, fail and debate, and then guide their journey toward greater learning. They have been urging us to stop the robotic testing, skilling and drilling, and demands for perfection in academic performance. They urged us to urge them to talk about the difficult stuff – not the stuff I usually wind up talking to them about: test scores and cover letters.

The First Amendment has always recognized the struggle inherent in granting protections for free speech. But in raising our students to be good performers and genuinely nice people, we have taught them that failure and conflict are bad and are to be avoided. We have taught them to be quiet about controversy and about their own failures. And we have hidden our failures as educators along the way.

Not all students are like this, obviously, but in ten years of teaching, I will say that many are. And many more are potentially headed in that direction.

What will it take to change that approach? I’ll take that up in my next post, but welcome your thoughts here.

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Clearing the Haze Over Hazelwood: Student Speech Rights in the Digital Age

By on November 7, 2012 in First Amendment

Tomorrow, with our friends at the Student Press Law Center, First Amendment Law Review and North Carolina Scholastic Media Association, the center will kick off a two-day conference focused on student speech rights and their role in youth civic engagement.  The event, which is entitled “One Generation Under Hazelwood: A 25-Year Retrospective,” will examine the impact of Hazelwood School District v. Kuhlmeier, the Supreme Court’s only ruling addressing the rights of high school journalists.

The team that organized the conference (Tabitha Messick, Whitney Nebolisa, Monica Hill, and Frank LoMonte) have done an amazing job bringing together the leading scholars and thinkers on the subject of student speech rights, including Erwin Chemerinsky, who will be the keynote speaker. You can see the schedule for the two days here.  But don’t fret if you can’t make it in person, UNC’s IT folks will be live streaming the sessions and the Twitter hashtag is #Hazelwood25, if you want to follow along.

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Best New Internet Law Books?

By on October 31, 2012 in Copyright, First Amendment, Internet, Privacy

Each fall I informally survey my media law colleagues and former Ph.D. students in search of great, new books to assign for my Internet law class.  The class is a mix of UNC School of Journalism and Mass Communication undergraduates who already have completed a basic media law class and graduate students.  I’m looking for books that are focused on law and policy issues and that are enjoyable to read.  The latter criterion is important because I’m trying to show students how much fun it can be to study law, especially Internet law.

These are the books reported in this fall’s survey that might fit my criteria, although I haven’t yet looked at them closely enough to assess whether they will be enjoyable to read.

  • Hector Postigo, The Digital Rights Movement: The Role of Technology in Subverting Digital Copyright (2012).
  • Robert Levine, Free Ride: How Digital Parasites Are Destroying the Culture Business, and How the Culture Business Can Fight Back (2012).
  • Kembrew McLeod and Peter DiCola, Creative License:  The Law and Culture of Digital Sampling (2011).
  • Rebecca MacKinnon, Consent of the Networked: The Worldwide Struggle for Internet Freedom (2012).

This is a book that was suggested that sounds good but probably doesn’t have enough law for my purposes:

  • Lee Rainie and Barry Wellman, Networked:  The New Social Operating System (2012).

These are the books I assigned last year:

  • Jack Goldsmith and Tim Wu, Who Controls the Internet?  Illusions of a Borderless World (2006). (This is getting dated but provides valuable background on a number of issues.)
  • Lawrence Lessig, Free Culture:  The Nature and Future of Creativity (2004). (When my student read this they begin to get excited about studying law.)
  • Daniel J. Solove, The Future of Reputation: Gossip, Rumor and Privacy on the Internet (2007).
  • Siva Vaidhyanathan, The Googlization of Everything (2011).

I also have used these books in the past, with good results:

  • Dawn C. Nunziato, Virtual Freedom:  Net Neutrality and Free Speech in the Internet Age (2009).
  • Lawrence Lessig, Remix:  Making Art and Commerce Thrive in the Hybrid Economy (2008).

Does anyone have any additional suggestions?  Any comments on these books?  Thanks!

 

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Kill Switches, Smart Mobs, and Freedom of Speech

By on October 24, 2012 in First Amendment, Internet

As part of the Mary Junck Research Colloquium series, Elon University School of Law Professor Enrique Armijo will give a talk at UNC entitled “Recent Developments in Digital Communications Law and Policy:
Kill Switches, Smart Mobs, and Freedom of Speech.”  He will share his current research on the ways in which government control over communications infrastructure can pose a threat to free speech and discuss the tension between regulation of social media and freedom of expression both domestically and abroad.  He will talk about his work on international media law reform projects in Africa and the Middle East and discuss his approaches for developing research interests into projects.

Armijo is a graduate of the UNC School of Law.  You can read more about him at http://www.elon.edu/e-web/law/faculty/armijo_enrique.xhtml.

The presentation will be from 2 p.m. to 3:15 p.m. in the Freedom Forum Conference Center on the third floor of Carroll Hall.   The event is free and open to the public.

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