Fight continues for student free expression bills

By Melissa Wess
J-Ideas

Despite the Washington state Senate Judiciary Committee’s decision to eliminate high schools from the state’s proposed student free press bill, free expression for students is still alive as Michigan and Oregon work to pass versions of their own bills.

Michigan state Sen. Michael Switalski (D-Roseville) is currently sponsoring a student expression bill that would protect Michigan’s K – 12 students from censorship and prior review. SB 352, introduced on March 15, is Switalski’s second attempt to pass a bill of this nature.

His first attempt, proposed as SB 156 on February 3, 2005, was killed in the Committee on Education. Switalski’s current effort, much like his previous attempt, is facing opposition from the Michigan Press Association (MPA), the official trade association for the newspapers of Michigan.

Rep. Larry Galizio (D-Tigard) is pushing a bill in Oregon fashioned after Washington’s HB 1307 that would increase the protection afforded to the student press that currently exists. Submitted on Feb. 26, HB 3279 was sponsored by 12 House Democrats and applies to both high school and college student media. If passed, it would become the only law enacted protecting both student media outlets.

Six states – California, Colorado, Arkansas, Iowa, Kansas and Massachusetts – currently have laws protecting public high school students from administrative censorship. California recently passed new legislation that ensures that the collegiate student press be protected from censorship.

The latest Washington state developments prompted the Seattle Post-Intelligencer’s editorial board to respond to the legislature’s decision. In an editorial published shortly after the decision, the editorial criticized the committee’s “lack of enthusiasm for a student press bill.” Additionally, the editorial recognized that the bill is still alive in its current, although edited, state, adding, “Passing protections for college students should help lawmakers see the groundlessness of their concerns about ensuring high school students’ rights and responsibilities.”

Although an impressive amount of students and supporters of Washington’s student free press bill attended the hearing at the J.A. Cherberg Building in Olympia on March 27, Rep. Dave Upthegrove (D-Des Moines), the bill’s prime sponsor, expressed disappointment. In his blog, Upthegrove discussed his frustrations with the associations representing school principals and administrators that were also present at the hearing, particularly Don Austin, a former adjunct professor of law and former high school teacher.

“There was an attorney (Austin) for the school directors association who made factually incorrect statements and wildly inaccurate statements to the committee,” said Upthegrove, adding, “Opposing legislation is one thing. Intentionally confusing legislators is another thing.”

Additionally, Upthegrove described the bill’s opposition as being “outspoken and aggressive,” as senators often interrupted testimonies with dishonest outbursts. And when one student expressed his disappointment to the most vocal senator, according to Upthegrove, “She erupted at [the student] in response, and, literally ran down the hallway ranting and raving at him.”

It was only after Upthegrove’s promise to exclude high schools from this particular bill that votes were officially secured in a strict party-line vote late Friday. The bill, once deemed the country’s most comprehensive student press bill, originally afforded both college and high school students censorship protections.

Washington HB 1307 still has a long way to go. If the bill succeeds in the Rules Committee, support will need to be secured from a majority of the senators. If the Majority Leader agrees to place it on the floor calendar for a vote, the Governor must decide not to veto it.

For now, the fate of Oregon’s HB 3279 lies in the hands of Rep. Greg Macpherson (D-Lake Oswego), chair of the Judiciary Committee, who will decide whether or not to schedule a second hearing. Its first public hearing was held on March 29. Michigan’s SB 352 was referred to the Committee on Education on March 15.

As Washington’s student press bill moves forward, student journalism advocates wonder how these latest developments will affect the efforts in Michigan and Oregon.

More coverage of HB 1307

Additional information on Oregon and Illinois:

•States of Oregon and Illinois introduce similar bills (see Student Press Law Center for more on Oregon's bill, and read the bill here. To read journalism adviser Rob Melton's testimony, click here and read Statesman Journal story here.