OPINION & EDITORIAL
Circuit court, Vilas’ silence threaten free journalism
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by Badger Herald Editorial Board
Thursday, September 26, 2002
Nothing is more important to a college education than the free discourse of ideas between members of a community. This process not only strengthens students’ beliefs but helps bring about new ideas.
But now, as the 7th Circuit Court agreed Wednesday to hear arguments in a case regarding a university’s ability to censor its college newspaper, this free-flowing debate is in jeopardy on our college campuses — including Madison.
In October 2001 university officials at Governor’s State University in Illinois stopped the publication of its student newspaper, The Innovator, claiming the paper “was a ‘collection of untruths.’” Roger Oden, dean of the College of Arts and Sciences, said he believed the newspaper staff knew facts presented in the newspaper were untrue and were “written with the intent and purpose of damaging [his] reputation.”
Students have not printed an edition since Oct. 31, and have since been fighting a legal battle regarding the censorship of their publication. The challenge could establish a context of precedent for college publications at large. The case, Hosty v. Carter, will have direct repercussions for student newspapers throughout the court’s district — effectively across the Midwest — that receive university assistance.
Governor’s State argues it can censor, citing precedent in the 1988 Hazelwood Supreme Court case, which held that high school officials have the right to censor their school newspapers.
This case and the arguments made by the university are troubling to journalists across the country. Since Hazelwood, high school journalists have occasionally been unable to print stories they deem important, since the high school officials have final say.
To apply this Supreme Court decision to college publications would irreversibly damage the academic freedom and itinerant debate essential to any college education. College is supposed to prepare students for the real world — and we think freedom of the press and free speech are still constitutional rights in the real world. Preventing college publications from freely submitting their own ideas and preventing their criticisms of the university goes wholly against universities’ mission to provide a meaningful and useful education.
While this newspaper, which is independent of any university or public funding, would not be affected by the 7th circuit’s ruling, our competitor in Vilas Hall could be. This school is privileged to have two student newspapers, and while we are intense rivals with our peers in publication, we think healthy competition not only makes both papers better but also provides students with access to a broader set of perspectives. We would resist UW administrators having the right to tell the Daily Cardinal what to print, just as we do not permit them to interfere in our free press.
College journalists need to be allowed to call their universities’ actions into question just as professional publications can help keep the government in check.
Though they have no legal training, the Innovator’s student journalists are representing themselves. We worry the court might err on the side of the university — and the rhetoric and legal canon of experienced counsel. Fortunately, over 25 journalism schools and media organizations throughout the Midwest are supporting the case with legal aide. Regrettably, University of Wisconsin’s journalism school is not one of them.
This failure was oversight rather than refusal, but it’s important for UW to understand, as stated above, its oldest newspaper is not immune to such a ruling, and our university should be one of the first to show support for these young journalists’ press independence. It is embarrassing that one of the Midwest’s flagship journalism programs remains silent on the matter.
