5722 - SCHOOL SPONSORED PUBLICATIONS

Bay Village City School District

Bylaws & Policies

5722 - SCHOOL SPONSORED PUBLICATIONS

Students are protected in their exercise of freedom of expression by the First Amendment to the Constitution of the United States. Accordingly, it is the responsibility of school officials to ensure that the exercise of the freedom of expression of all students is protected.

The Board of Education recognizes that school-sponsored publications, supervised by faculty advisors, are designed to impart particular knowledge and skills to student participants and audiences, and are a part of the school curriculum whether or not they occur in a traditional classroom setting. Accordingly, the School District shall set high standards for student expression that is disseminated under its auspices and may refuse to disseminate student speech that does not meet the standards described within this policy.

Content: Student journalists may report on and editorialize about controversial and crucial events in the school, community, nation and world. The student press, however, must observe the same legal responsibilities imposed upon the controversial news media. Moreover, since school-sponsored publications are part of the school curriculum, their production shall be viewed as an instructional experience, the material shall be appropriate to the audience, and the views shall be presented as those of the individual writer and not attributed to the School District. Thus, the student press shall avoid expression which:

	A.	Is Obscene: Expression is obscene when it describes or depicts explicit sexual conduct and, taken as a whole, the work in which sexual conduct is depicted lacks serious literary, artistic, or scientific value. A judgment of obscenity, according to the U.S. Supreme Court, is to be made by the "average person, applying contemporary standards," means that the work taken as a whole appeals to a "prurient" (improper or lewd) interest in sex. The relative maturity of the readership is a factor in determining whether the expression is obscene.
	B.	Is Defamatory or Libelous: Communication is defamatory or libelous if it is a printed statement about a person which is false and tends to harm the reputation of that person by:

		1.	bringing that person into public hatred, contempt or ridicule;
		2.	injuring him/her in his/her business or occupation;
		3.	lowering him/her in the estimation of his/her fellows;
		4.	deterring third persons from dealing with him/her.

Is an Invasion of Privacy: The right of privacy is closely related to the law of libel. Generally, a person's privacy can be invaded in the following ways:

		1.	intruding upon the private life of a person, such as individual or family concerns;
		2.	publicizing private matters of a person which would offend ordinary sensibilities;
		3.	using the name, portrait, picture or other likeness of any person without consent for benefit or to gain an advantage;
		4.	publicizing a matter concerning a person which places the person before the public in a "false light."

	D.	Creates a Material Interference and Substantial Physical Disruption of Education Activities: Publication of material which disrupts the teacher's ability to conduct a class or an activity, interferes with the passages of students through corridors, or is intended to and does immediately incite others to violence or other lawless acts, shall be forbidden by advisers and editors. Unsupported apprehension or fear that student expression might or could cause disruption is not sufficient to justify censorship. In determining the type of material which violates these restrictions, it must be noted that expression which invites or stimulates heated discussion or debate among students or in the community, or criticizes school officials, does not necessarily constitute the type of disruption prohibited.
	E.	Is Inconsistent with the School District's Basic Educational Mission: Depending upon the surrounding facts and circumstances, publication of material that does not disrupt or interfere with education activities may still be prohibited if it is vulgar, sexually explicit or plainly offensive although not legally obscene; inadequately researched; associates the school with any position other than neutrality on matters of political controversy; advocates conduct inconsistent with the shared values of a civilized social order, such as drug or alcohol use or irresponsible sex; or be otherwise inconsistent with the School District's basic educational mission.

At all times, the standards of ethical journalism shall be enforced.

R.C. 3313.20

Revised 5/8/89