Democracy cannot function without a free press.
Thomas Jefferson, John Adams, Walter Cronkite, and many others throughout history have shared this sentiment. Yet, President Donald Trump has referred to the press as, “the enemy of the American people”, according to The New York Times.
With threats to jail reporters and revoke major television networks’ broadcast licenses that have criticized him, Trump has created a potentially unwelcome environment for journalists to report on their government. A free press is one of the First Amendment Rights along with the right to free speech, religion, petition, and assembly.
The press, often called the Fourth Estate, is vital to democracy, holding those in power accountable and ensuring the public stays informed. Without press freedom, governments can become authoritarian, making it essential to protect this right at both national and local levels.
Following concerns over content published in last year’s yearbook, which was deemed offensive by some members of South’s community, District 225 adopted Board Policy 7:315, impacting South’s student media, Superintendent Designate Dr. RJ Gravel said. Under this policy, the school administration requires prior review, where content is checked before publication at the advisor’s discretion, and potentially prior restraint, which allows the administration to prevent content from being published.
District 225’s Board Policy 7:315 is a violation of student journalists’ rights. This policy imposes measures that jeopardize students’ freedom of the press without our consultation.
As student journalists, we deserve a seat at the table for decisions about making important policies like this, and when deciding publishable content. Many of The Oracle’s staff go on to pursue journalism degrees or professional careers in journalism, and the experience we gain at South directly shapes our ability to report with accuracy, integrity, and independence. As current and aspiring journalists, we have the responsibility to share the stories of our community. If those stories are being reviewed, we have, not just the right, but the duty to be a part of that process to ensure the stories aptly reflect what was meant. Excluding students from the review process undermines not just our voices, but also our peers’, school’s, and world’s.
Under this policy, when content is deemed potentially controversial by the student media advisor, the student media advisor must send it to the Assistant Principal of Student Activities, who determines whether it should be sent to the Principal for final review. The Board policy lists five exceptions for when student media outlets cannot exercise freedom of the press, including content that is (1) libelous, slanderous, obscene, or unwarrantedly invades privacy, (2) violates federal or state law, including the constitutional rights of third parties, (3) incites students to commit an unlawful act, (4) violate any of the Board Policies, or (5) materially and substantially disrupt the orderly operation of the school. If one of the listed exceptions applies, the principal may then enforce prior restraint, according to Board Policy 7:315.
The phrasing of the policy leaves it open to broad interpretation, granting the District full discretion in determining what is acceptable, all while not including the student journalists in the process. While the first three exceptions set clear legal boundaries, the last two introduce a level of subjectivity, making enforcement inconsistent and potentially arbitrary.
The District’s policy goes too far in potentially limiting the voices of student journalists. It can strip students of their editorial power and violate Illinois Speech Rights of Student Journalist law, Jonathan Falk, Student Press Law Center (SPLC) Staff Attorney, said.
As flagged media is reviewed by the advisor, the Assistant Principal of Student Activities, and potentially the Principal, District administrators, and their attorneys may be involved in the process to assess legal considerations, Gravel added.
“When it comes to prior restraint, we want to make sure that we don’t err in our practice as an administrator,” Gravel said. “So in that case, [the District] might need to involve legal counsel to see if, on behalf of the school, if there’s any concern there.”
We recommend that in the case that content is flagged, an impartial third party, such as a legal professional or First Amendment specialist unaffiliated with the district, be included in the review process, not solely an employee of the district.
As we move forward in a tumultuous time for journalists nationwide, we must defend the principles of free press, even at the student level. The role of journalism is to amplify voices, expose truths, and hold power accountable; these values cannot be compromised at any level.