by Bob Kay

In her August 10 blog on this website, my colleague on the KEMPA board, Exec. Director Linda Barrington, put forth a call for action to stand up for student First Amendment rights and to limit or end censorship of high school publications and media by school administrators. Wisconsin high school publications have suffered under the yoke of censorship throughout the years, most recently in Fond du Lac. Illinois high school journalists have also found themselves in similar situations, e.g. Stevenson High School.

Just as there has been a call to action for a response from Wisconsin educators, Illinois journalism teachers and legislators need to take another look at a state law that would give these same First Amendment rights to students in the Land of Lincoln.

Many of the younger journalism educators in Illinois may not be aware of the fact that a bill to protect student press rights in Illinois almost became a reality back in 1997. In a response to the censorship ruling made by U.S, Supreme Court in the Hazelwood case, then Illinois Representative Mary Lou Cowlishaw (R-Naperville) introduced the Illinois Student Publications Act in 1997 and the House approved it on April 14 by an overwhelming 109-4 vote.  Later on May 15 the bill, sponsored by Senator Kathy Parker (R-Northfield), passed the Senate unanimously, 57-0. Despite this overwhelming support, then Republican Governor Jim Edgar vetoed the bill, citing the fact that the school board would be ultimately responsible for any liability without having full control over student publications.

The Illinois legislature needs to realize that a bill of this type is much more an educational opportunity rather than a legal boondoggle for Illinois school boards. Students need to have free press rights so they can learn to practice responsible and ethical journalism and know they are the ones that can be ultimately liable for the decisions they make. Students need to be able to feel free to question the actions of their school administrations in a thoughtful, fair and accurate manner. After all, it’s their education that’s at stake. More importantly, in this age of the social media explosion, students need to learn that responsibility, accuracy and fairness are important not just in their school publications and media, but also in all of their digital communications with other people. There is no better way to teach ethical responsibility and citizenship than by ensuring First Amendment rights to all students.

Just as Wisconsin needs to address these issues, Illinois needs to do the same. If educators are in interested in pursuing this matter, I would be glad to begin to organize this campaign in Illinois. I can be reached at [email protected].

Bob Kay is the former newspaper adviser at Grayslake Central High School in Illinois.  An attorney, he is now a member of the KEMPA board.  His blog focuses on First Amendment issues for scholastic publications.