VIRGINIA -- Students at Albemarle High School in
Charlottesville received the last issue of their newspaper two weeks later than
scheduled after an editorial prompted school officials to destroy the original
copies.
A staff editorial in the May edition of The Revolution suggested
that student athletes be allowed to opt out of physical education class and
proposed some cost-cutting suggestions for the school's PE requirements.
The newspapers were removed from the stands before students could see them.
Sean Cudahy, outgoing editor-in-chief of The Revolution, said that
once Principal Jay Thomas saw the printed edition of the paper and showed the
editorial to the PE department, he received complaints from PE teachers about
the potential of the editorial to disrupt their classes. It was after this that
the papers were removed from the stands.
"I think this [decision] was an incomplete understanding of their
rights as administrators under Hazelwood," Cudahy said. "They
understood the text of the case perhaps, that said if they have a concern based
on the educational process, they can hold an article. But I don't think
they realize what a disruption is. Just suggesting that there should be some
changes to PE to save money-- I don't see how anyone could find that
to be disruptive to education."
In the 1988 case Hazelwood v. Kuhlmeier, the Supreme Court ruled
that school administrators have the power to censor student speech if they
present a reasonable educational justification for their censorship and prove
that such speech would cause a substantial disruption to the educational
process.
But Adam Goldstein, attorney advocate for the Student Press Law Center,
said this editorial could not be considered a legitimate disruption to the PE
curriculum.
"They're saying this is disruptive because it will make
athletes not want to go to PE--as if they didn't already know this
was a waste of their time," Goldstein said. "It's an obvious,
classic First Amendment violation. It's a government official telling a
student they can't publish something because it's inconvenient for
the government."
Although Cudahy said he was not part of the decision making process 100
percent of the time, his understanding was that while Thomas said he left the
ultimate decision to the student newspaper adviser, Kim Aust, he strongly urged
her to pull the issue from the stands.
"He [Thomas] came back later in the day and said it was up to the
adviser to ensure the quality of the newspaper, and that it was ultimately her
decision," Cudahy said. "They determined not to publish the issue.
It's a tough position for her to be both worried about ensuring her
students' press rights but also her own job."
Aust did not return calls for comment by press time.
The newspaper was reprinted and distributed two weeks later, on June 2,
without the editorial. The decision was disappointing, Cudahy said, but a choice
he had to make.
"My legs were kind of taken out from under me with the decision not
to print [the editorial]," he said. "I was in the situation where we
could either publish nothing or publish something without the
editorial."
While Cudahy didn't expect the PE teachers to be thrilled with the
editorial, he said the staff had worked hard to ensure that the language was
courteous and respectful.
"We try to be respectful, but if we were just cheerleaders for the
school, then we would be falling well short of our duties as a newspaper,"
he said. "I think it's really important to be able to have
editorials that are both negative and positive. Of course you always try to be
fair, but having different types of editorials and articles is a really
important thing."
The students posted the editorial to Facebook along with a statement about
the situation the night the alternative issue of the paper was distributed.
Cudahy said he feels as though The Revolution has run more
controversial editorials than this in the past, some of which have even led to
positive changes for the school.
"I was disappointed, because I feel like the student newspaper is a
really important voice in a school," he said. "And I think when you
get into the habit of censoring editorials that are just meant to bring about a
discussion, you're really opening up a can of worms there."
Thomas did not return calls or e-mails by press time.
By Sommer Ingram, SPLC staff writer