All too often, members of the student press join newspaper, yearbook, or campus radio staffs without knowing their rights. For this reason, media staffs at Illinois public colleges and universities ought to familiarize themselves with the basic provisions of the CCPA, passed by the 96th General Assembly in 2007.
Role of Advisers and College Officials in Campus Media
In 2006, student editors Dawnell Zeine and Brandon Hagan battled their student newspaper adviser and campus administrators Illinois Community College (ICC) in East Peoria, IL. The nature of the battle was over control of content in the Harbinger, the campus newspaper.
At that time, the CCPA did not exist, leaving Zeine and Hagan to run a public campaign against control of the student press. At the time, the two students had no clear legal standard as support. Fortune was in their favor, however, when ICC administrators finally declared the Harbinger a public forum.
Now, under Section 15 of the Act, student editors have full authority over “the news, opinions, feature content, and advertising content of campus media.”
Advisers for student media legally function as counsel for journalism standards and practices. Their power is strictly limited to an advice-giving role. Media advisers and college officials may not exercise prior review, which is the examination and/or removal of content before the material is printed or broadcasted.
Section 10 establishes all campus media as a public forum for student journalists and staff. However, with students having full jurisdiction over media content, they also assume responsibility and consequences.
Liability for Student Media Content
“With great power comes great responsibility.” This mantra, made popular by Uncle Ben in the 2002 film Spiderman, could not be more fitting for the student press.
Under Section 35 of the Act, colleges and universities are immune from lawsuits resulting from media content. The only exception to this rule is if the content in question was submitted by campus officials and is the institution’s expression.
This leaves student editors and journalists on the front line for lawsuits. In February 2006, University of Illinois Daily Illini editor-in-chief Acton Gorton and opinion page editor Chuck Prochaska landed themselves in the national spotlight after running the controversial and offensive Muhammad cartoons. Both were held responsible for their decisions, and under the 2007 CCPA, they also would have been held responsible in legal situations.
Student editors do have jurisdiction over content decisions, but that does not give them the ability to print whatever they choose. In the Daily Illini case, Gorton was fired and Prochaska suspended from the newspaper staff for the highly offensive nature of the cartoons. Like professional newspapers, not all material is fit to print.
Unprotected Speech in College Media
The CCPA recognizes that public institutions may not punish student media staffs for constitutionally protected speech. However, under Section 30 of the Act, harassment, threats, and intimidation are open to disciplinary measures, as well as speech not protected by the constitution, particularly obscenity and incitement.
Private School Press Still Unprotected
The CPPA applies only to public colleges and universities, not to private institutions. Though the Act is another step toward extending full press rights to the student press, the private school press still lags a few steps behind.
Nevertheless, the Act is a triumph for the public student press. Illinois public university students are closer to standing shoulder to shoulder with the professionals, and that is no small victory. Illinois is one of only two states nationwide to provide legal protection for the collegiate press.
