Hazelwood v. Kuhlmeier: A 30 Year Struggle of Free Speech and Censorship in Student Journalism

(Image from http://www.splc.org/page/hazelwood-day-of-action)

30 years ago this month, a decision was made that would alter the state of student journalism publications forever. Fortunately, this decision no longer stops Vermont students from speaking out, thanks in part to a recent Woodstock alum.

In 1988, students writing for their student newspaper at Hazelwood East High School in Missouri attempted to publish two controversial articles, one discussing divorce, and the other providing a commentary on teen pregnancy. Both articles included real accounts from students at the high school, with names changed for privacy concerns.

Despite the attempts at protecting the identity of the featured students, the articles were deemed unfit for the school publication and were denied publication by the high school’s principal, causing a student uproar against the decision, arguing that the withdrawal of the articles from the school newspaper violated the First Amendment, limiting the student’s freedom of speech.

As a result of this, the students involved in publishing the newspaper issued a lawsuit against the school, taking the matter to all the way to the U.S. Supreme Court, where it was finally decided that the principal’s decision to pull the articles from the paper didn’t in fact violate the First Amendment rights of the students.

The reasoning behind the decision was that the student newspaper, being run by the school, wasn’t a public forum where anything could published, but was instead a limited forum where the school had to approve of anything being posted before it was allowed to make it to publication.

Thirty years later, the Hazelwood decision unfortunately still stands, persistently limiting the freedom of student journalists’ speech across the country. However, excitingly for Vermont, the New Voices Legislation, a bill allowing students to freely publish any article in their student publications without consequences or censorship, was passed on May 5th, 2017 to be sent to Governor Phil Scott for signature into law. In the process of passing the legislation, multiple high school newspaper editors from around the state testified, including former Buzz editor and graduate of WUHS class of 2017, Jenna Majeski.

In continuing the fight to repeal the decision of Hazelwood v. Kuhlmeier and provide a public forum, free speech, platform for all student publications, the first Hazelwood Day of Action is being recognized on Wednesday, January 31st, to raise awareness and drive change forward for the cause, so that one day all student publications may be as free as WUHS’ The Buzz.

Sources:

• “Hazelwood Day Of Action.” The Student Press Law Center, www.splc.org/page/hazelwood-day-of-action.

• “Facts and Case Summary - Hazelwood v. Kuhlmeier.” United States Courts, www.uscourts.gov/educational-resources/educational-activities/facts-and-case-summary-hazelwood-v-kuhlmeier.

• “New Voices U.S.” Vermont – New Voices U.S., newvoicesus.com/vermont/.

• “Vermont Students Expect Free-Speech Win.” The Vermont Student Media Blog, 12 May 2017, uvmmedia.wordpress.com/2017/05/12/vermont-students-expect-free-speech-win/.