Supporting Colorado scholastic journalism since 1970

Understanding press law

Documents:

LIBEL 

INVASION OF PRIVACY

OBSCENITY 

  • SPLC’s Model Guidelines for Student Media: HERE

excerpt:

1. Material that is “obscene as to minors.” “Obscene as to minors is defined as material that meets all three of the following requirements:

(a) the average person, applying contemporary community standards, would find that the publication, taken as a whole, appeals to a minor’s prurient interest in sex; and

(b) the publication depicts or describes, in a patently offensive way, sexual conduct such as ultimate sexual acts (normal or perverted), masturbation and lewd exhibition of the genitals; and;

(c) the work, taken as a whole, lacks serious literary, artistic, political or scientific value.

Indecent or vulgar language is not obscene.

SUBSTANTIAL DISRUPTION

excerpt: 

3. Material that will cause “a material and substantial disruption of school activities.”

(a) Disruption is defined as student rioting, unlawful seizures of property, destruction of property, or substantial student participation in a school boycott, sit-in, walk-out or other related form of activity. Material such as racial, religious or ethnic slurs, however distasteful, is not in and of itself disruptive under these guidelines. Threats of violence are not materially disruptive without some act in furtherance of that threat or a reasonable belief and expectation that the author of the threat has the capability and intent of carrying through on that threat in a manner that does not allow acts other than suppression of speech to mitigate the threat in a timely manner. Material that stimulates heated discussion or debate does not constitute the type of disruption prohibited.

(b) For student media to be considered disruptive, specific facts must exist upon which one could reasonably forecast that a likelihood of immediate, substantial material disruption to normal school activity would occur if the material were further distributed or has occurred as a result of the material’s distribution or dissemination. Mere undifferentiated fear or apprehension of disturbance is not enough; school administrators must be able affirmatively to show substantial facts that reasonably support a forecast of likely disruption.

(c) In determining whether student media is disruptive, consideration must be given to the context of the distribution as well as the content of the material. In this regard, consideration should be given to past experience in the school with similar material, past experience in the school in dealing with and supervising the students in the school, current events influencing student attitudes and behavior and whether there have been any instances of actual or threatened disruption prior to or contemporaneously with the dissemination of the student publication in question.

(d) School officials must protect advocates of unpopular viewpoints.

(e) “School activity” means educational student activity sponsored by the school and includes, by way of example and not by way of limitation, classroom work, official assemblies and other similar gatherings, school athletic contests, band concerts, school plays and scheduled in-school lunch periods.

REPORTER’S PRIVILEGE  

FREEDOM OF INFORMATION LAW