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A few days ago we linked to a story (and video) about a snowball fight at East Carolina University that ended in an arrest and the use of pepper spray by campus cops.
Now the East Carolinian, ECU’s student newspaper, has its coverage up, and their piece is a well-written, thorough one. Ties up a lot of the loose ends that the national media left hanging.
I know it’s a small story, but this piece really is a reminder of what the student press is for.
A federal judge has ruled against a high school student who was barred from running for re-election as class secretary after she called school officials “douchebags” on her blog. The ruling highlights the unsettled nature of First Amendment law as it applies to high school students’ off-campus speech, as well as the limited protections courts have granted to student government.
The court had previously found that participation in student government “is a privilege,” and that students do not have a constitutional right to run for student government office “while engaging in uncivil and offensive communications regarding school administrators.” It found that the school had punished Doninger for “vulgar language,” not for criticizing school officials’ actions, and that they were within their rights to do so.
In its latest ruling, the same court found that although an appeals court had cast their previous argument into question, the administrators were protected from legal action. The underlying question at issue in this case is whether a student has “a right not to be prohibited from participating in a voluntary, extracurricular activity because of off campus speech” that the student has reason to expect will become known on campus, the court said, and that question is unresolved.
In 1979, an appeals court ruled in strong language that students generally cannot be punished for off-campus speech. The Doninger court, however, argued that…
“we are not living in the same world that existed in 1979. The students in Thomas were writing articles for an obscene publication on a typewriter and handing out copies after school. Today, students are connected to each other through e-mail, instant messaging, blogs, social networking sites, and text messages. An e-mail can be sent to dozens or hundreds of other students by hitting ‘send.’ … Off-campus speech can become on-campus speech with the click of a mouse.”
Take a look at College Freedom, a blog from John K. Wilson, the author of Patriotic Correctness: Academic Freedom and its Enemies and The Myth of Political Correctness: The Conservative Attack on Higher Education.
A new report from the Foundation for Individual Rights in Education finds that 74.2 percent of American colleges and universities, and 77 percent of public higher ed institutions, “maintain policies that clearly restrict speech that, outside the borders of campus, is protected by the First Amendment to the U.S. Constitution.”
The 28-page report can be found online here.
Edit: As Ashley notes in comments, and as I should have mentioned up front, FAIR is a right-leaning organization. I posted about their report in the spirit of “here’s something to look at” rather than as an endorsement of them as an organization, or even of their report. See my comment below for a little more detail, and look for a longer update at the end of the week.
The Rutgers Daily Targum may take a financial hit soon, if the university enacts a student senate proposal to allow students to opt out of paying the fee that funds it.
The Targum is independent of the university and the student government, but receives about a third of its funding from a $9.75 per student per semester designated fee. Currently, students can request a refund of the newspaper fee at the end of the semester, but the student senate proposal would allow them to opt out in advance by checking a box when they pay their tuition bill.
The newspaper’s editor says that about one half of one percent of students currently opt out, and that if the check-box system caused that figure to rise as high as ten percent, the paper would likely be forced to eliminate one edition per week, ending its run as a daily newspaper.
The Targum is one of two organizations on the Rutgers campus funded through such a designated fee. The other, the New Jersey Public Interest Research Group (NJPIRG), already has an opt-out check-box provision.
Rutgers’ president is expected to make a decision after the end of the semester.

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