FFA – Student Activities: Publications and Prior Review

 FFA

Student Activities

Publications and Prior Review

School-Sponsored Expressive Activities

The District’s professional employees shall exercise editorial control over

style and content of student speech in school-sponsored expressive activities.

Inclusion of student material in school-sponsored activities shall not be the basis

of a grade.

The District may refuse to disseminate or sponsor student speech that:

1. Might reasonably be perceived to advocate drug or alcohol use, irresponsible

sex, or conduct otherwise inconsistent with the shared values of a civilized

social order.

2. Is inappropriate for the level of maturity of the readers.

3. Does not meet the standards of the professional employees who supervise

the production of the publication.

4. Associates the school with any position other than neutrality on matters of

political controversy.

Hazelwood School District v. Kuhlmeier, 484 U.S. 260, 272 (1988)

School-Sponsored Publications

Students who have a complaint regarding a decision about the content or

style of school’s sponsored publication shall present that complaint in accordance

with Board policy.

Prior Review of Non-School Materials

“Written Material” includes any book, magazine, pamphlet, newspaper,

year book, picture, photograph, drawing, or any other written or printed matter or

visual representation however produced, but does not include private, written

student communications from one student to another.

All written material over which the District does not exercise control that is

intended for distribution to students shall be submitted for prior review according

to the following procedures:

Material shall be submitted to the building Principal for review.

1. The Principal or the Principal’s designee shall approve or disapprove

submitted material within three (3) school days of the time the material is

received. If the submitted material is disapproved, the principal or his

designee shall provide a written explanation of the reason(s) the material is

disapproved and allow the student(s) to resubmit the material after the

student(s) have revised the written material. If the student(s) believe that the

written material is urgent or emergent and requires approval sooner than

three (3) school days, the student shall provide a written explanation of the

urgent or emergent circumstances along with the submitted material.

2. Disapproval may be appealed to the Superintendent who shall decide the

appeal within five (5) school days of receipt of the appeal. Failure of the

Superintendent to act within the five (5) school day period shall be interpreted

as disapproval.

3. Disapproval of a request to distribute material may be appealed to the Board.

Bystrom v. Fridley High School, 822 F.2d 747 (8th Cir. 1987)

Non-School Publications

Content of the non-school-sponsored materials to be distributed must

conform to the following standards:

1. Materials that are indecent, vulgar, obscene to minors or sexually

inappropriate for the age and maturity of the audience, or that endorse

actions endangering the health and safety of students shall not be distributed.

a) “Obscene to minors” is defined as:

i) The average person, applying contemporary community standards,

would find that the written material, taken as a whole appeals to the

prurient interest of minors of the age to whom distribution is requested;

ii) The material depicts or describes, in a manner that is patently

offensive to prevailing standards in the adult community concerning

how such conduct should be presented to minors of the age to whom

distribution is requested, sexual conduct such as intimate sexual acts

(normal or perverted), excretory functions, and lewd exhibition of the

genitals; and

iii) The material, taken as a whole, lacks serious literary, artistic, political,

or scientific value for minors.

Bystrom v. Fridley High School, 822 F.2d 747 (8th Cir. 1987)

Shanley v. Northeast ISC, 462 F.2d. 960 (5th Cir. 1972);

Williams v. Spencer, 622 F.2d 1200 (4th Cir. 1980);

Trachtman v. Anker, 563 F. 512 (2nd Cir. 1977), cert denied 98 S. Ct. 1491 (1977)

2. Material may not be forbidden if the portions or specific language objected to

may also be found in material that is made available to students through

school facilities, i.e., the school library or readings assigned by teachers.

Channing Club v. Board of Regents, 317 F. Supp. 688 (1970)

3. Libelous material may be prohibited from distribution. Libelous material

includes defamatory falsehoods and unprivileged statements about public

figures or governmental officials, which are made with knowledge of their

falsity or reckless disregard for truth.

Shanley v. Northeast ISD, 462 F.2d 960, 964 (5th Cir. 1972)

Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974)

4. Publications that criticize Board members or school officials or advocate

violation of school rules may be prohibited if it appears likely that the

publication of this material will substantially interfere with or disrupt the

operations of the school. “Bare allegations” of disruption or unsubstantiated

speculation as to what “might” happen or “could result” are not sufficient to

support a reasonable forecast of disruption of the normal operations of the

school. Material that is merely offensive or unpopular, or that stimulates

controversy, shall not be restricted or forbidden.

Tinker v. Des Moines ISD, 393 U.S. 503 (1969)

Shanley v. Northeast ISD, 462 F.2d 960 (5th Cir. 1972)

Sullivan v. Houston ISD, 475 F.2d 1071 (5th Cir. 1973)

5. Advocacy directed toward inciting or producing imminent lawless or disruptive

action and that is likely to incite or produce such action shall be restricted.

Healey v. James, 408 U.S. 169, 189 (1972)

Brandenburg v. Ohio, 395 U.S. 444, 447 (1969)

6. Hate literature that scurrilously attacks ethnic, religious, or racial groups, and

similar irresponsible publications aimed at creating hostility and violence may

be banned if it falls within the disruption standard described at item (4) above.

Distribution of Non-School Publications

Distribution may be limited in order to prevent material and substantial

interference with normal school operations in circumstances where there is

evidence that reasonably supports a forecast that disruption will likely result

directly from the distribution. “Bare allegations” of disruption or unsubstantiated

speculation as to what “might” happen or “could result” are not sufficient to

support a reasonable forecast of disruption of the normal operations of the

school. Moreover, material that is merely offensive or unpopular, or that

stimulates controversy, shall not be restricted or forbidden.