Like the United States Constitution, Holy Cross’s Community Standards provide students important guarantees of some very important rights. These include “access to ideas, facts and opinions, the right to express ideas and discuss ideas with others, and the right to “expression of opinion, which includes the right to state agreement or disagreement with the opinions of others and the right to an appropriate forum for the expression of opinion.” I encourage all students to familiarize themselves with these rights (and the Standards more broadly), and to think about the ways that they are exercised every day on campus.
But students who thoroughly review the Standards will not find specific protections for student journalists such as the students who manage and write for The Fenwick Review, The Spire, and The College Street Journal, or for literary publications like fósforo and The Purple. It might be said that such outlets are protected by students’ rights to access ideas, but such a phrase seems to indicate the right of students to read such publications, rather than the right to produce them. Student journalists exercise their rights to express their opinion, and these publications are certainly the “appropriate forum” in which to do so. But the United States’ 232-year experience with the First Amendment has consistently demonstrated that the freedom of the press can only be sustained when the rights of the press are clearly and positively delineated. Might it be an improvement to clearly state such journalistic rights in Holy Cross’s Community Standards?
For instance, a student’s right to express their opinion in an appropriate forum is clearly met by the publication of these journals. Would that right be infringed upon if freely-distributed copies of such appropriate fora were systematically destroyed? This happens more often than you might think. Last year copies of Keene State College’s student newspaper The Equinox were stolen. The culprits—caught on camera—were members of a sorority who were angry about an article investigating violations of the campus masking policy at sorority parties. In 2020, members of Virginia Commonwealth University’s student government association stole copies of the student-run Commonwealth Times because they were upset about an article exposing a “toxic” environment in student government.
This may happen so often because press opponents believe that, because these campus publications are free, they can be taken with impunity. The reality is that the theft of newspapers—even those freely distributed—is an attack on press freedom. Often, however, colleges turn a blind eye to such de facto censorship, and student journalists are understandably reluctant to involve the police in such matters--though it is their right to do so. Students should not have to go to such lengths in order to defend their rights. Colleges should demonstrate their support for the freedom of the press by explicitly prohibiting newspaper theft on campus. Indeed, colleges are among the few places where free distribution of physical newspapers remains a central element of the media landscape, and for this reason alone should ensure that such outlets receive special protection.
It is also unclear that student journalists on campus are protected from prior restraint on what they publish. Again, this happens more often than you might think. At Quinnipiac University, The Quinnipiac Chronicle was prohibited from publishing a series of articles on—get this—university efforts to censor student publications. The University claimed that “student leaders…are expected to generally be supportive of university policies”--a policy that makes a mockery of the notion of freedom of the press. The University of North Alabama fired the advisor of its student newspaper when student journalists investigated the sudden and unexplained banning of a professor from campus.
I’m unaware of anything like this happening at Holy Cross. As advisors to this publication, Prof. Greg Burnep and I have made clear to the editors that they should never allow anyone—including their advisors—to exercise prior restraint on the publication of any article. Colleges as a whole should make similar pledges--to refrain from censoring student publications. Without such explicit protections, student journalists remain uncertain about what might happen if they did.
Finally, like students everywhere, student journalists are in danger of having their rights delimited by inappropriate exploitation of the university’s disciplinary processes. At Brandeis University, student journalists were charged with privacy violations when they published quotes from speakers at a rally—even though their comments were made publicly. At the University of Alaska-Fairbanks, a professor filed an official gender discrimination complaint against a student paper because of a satirical article suggesting that the university was planning to build a vagina-shaped building. After a months-long investigation, the student satirist was cleared, but one would wonder if they would dare risk another such investigation, or if they were subtly told that future investigations might take into account the fact that they had been accused previously. In Supreme Court parlance, this is called a “chilling effect” on press freedom because journalists are discouraged from writing about subjects that they fear might upset others.
In cases like this, members of the student press are effectively censored via a bait-and-switch tactic that exploits disciplinary procedures designed to ensure student safety, or prevent gender discrimination, or regulate behavior. Knowing that censorship is frowned upon, press opponents instead claim that constitutionally-protected content violates policies that are technically unrelated to content. Colleges should recognize such charges for what they are—a violation of the rights of both authors and readers of student journalism. They can take a stand against this by explicitly affirming the rights of journalists, and clarifying that people who don’t like what they read in the papers should take up their pens rather than filing formal complaints to punish journalists individually.
In an age in which journalists globally are under threat from a variety of regimes, everyone should renew their care for freedom of the press. And if you care about freedom of the press, you should care about freedom of the student press. This isn’t because every student should be comforted by what every publication will say. It is because a community without a free press lacks a valuable tool for holding power-wielders of all sorts in check. But perhaps more important for college campuses, student journalism forces the community to face ideas that are not on the official agenda, or absent from syllabi, or taboo in residence halls. Student journalists, in this way, fulfill the College’s Mission Statement call for us to “join in dialogue about basic human questions.” That is a purpose worth enshrining in college policy.