This paper you are holding ““ and the words you are reading
““ are legally protected by the First Amendment of the United
States Constitution. The right to say what you want, without fear
of reprisal from the government, is sacred and untouchable.
But a case that was decided last week in a U.S. Court of Appeals
threatens to undermine that right for students everywhere.
In a 7-4 decision, the justices of the Seventh Circuit Court of
Appeals ruled on Tuesday that Hazelwood v. Kuhlmeier, a 1988
decision that limits high school students’ freedom of
expression, applies to colleges and universities as well.
The Hazelwood decision states that if a school
administration’s censorship of student expression is
“reasonably related to legitimate pedagogical
concerns,” and if the forum being censored is not “for
public expression,” then it is allowed.
The decision had an immediate impact on the Hazelwood high
school newspaper. But justices also said the decision could also
apply to other student activities, such as theater and art
shows.
Now, the judges of the Seventh Circuit court have unfortunately
curtailed college and university students’ First Amendment
rights as well. In the case Hosty v. Carter, the majority of
justices ruled the administrators at Governors State University can
apply the principals of the Hazelwood decision to censor their
student newspaper.
The ramifications of this decision could topple the very
foundations of a university’s mission in the educational
world. Administrators and professors love to brag about how college
is a “marketplace of ideas,” where almost anyone and
everyone can have a say in their education.
But how can you have a free exchange of intellect when some
opinions are squashed, and others are rubber-stamped by the
administration? Administrators at Governors State ““ and any
other campus where they apply Hosty v. Carter ““ are shooting
themselves in the foot and condemning students to a stagnant
education.
Equally troubling, the decision cripples the system of checks
and balances that is a cornerstone of this country. Dean Patricia
Carter at Governors State wants to censor the student paper because
it was publishing articles and editorials critical of the
administration. But why does the press exist, if not to be critical
of those in power? Who will hold the administration accountable
when the administration approves what prints and what does not?
And if you aren’t inclined to like the press anyway,
consider this: under Hosty v. Carter, administrators could
potentially, among other things, limit the ability of student
groups to bring certain speakers or show certain movies on
campus.
For now, the rights of students in California are safe. The
decision only applies to Illinois, Indiana and Wisconsin. And
California is among six states that have laws which protect the
free expression rights of students. (The Daily Bruin, as a part of
Student Media, does not report to the UCLA administration.)
Nevertheless, the decision sets a precedent, and it’s a
troubling one. University administrators should be encouraging free
speech on campus ““ not silencing it.