It's the law - hands off student press

"Stop the presses!" is something that no college administrator will be able to say again once the Illinois Campus College Free Press Act takes effect on Jan. 1, 2008. Governor Blagojevich signed the bill last month on Aug. 31.

The law was introduced by northwest suburban State Senator Susan Garrett (D-Lake Forest), and supported by the American Civil Liberties Union. It guarantees that all college media will be free from review by anyone except student editors prior to publication.

The law also protects media advisors, allowing them to take legal action against a university administration that takes any action against them, including reprimanding or transferring them for actions related to their work with the college media.

The law also protects universities, making them immune from prosecution for content in student media.

The law came as a response to the 7th Circuit Court of Appeals ruling in the case of Hosti v. Carter. Student journalist Margaret Hosti, editor of the Governors State University's Student Newspaper The Innovator sued Governors State Dean of Students Patricia Carter and the university over her actions in ordering The Innovator's printer to not publish the newspaper because of concerns Dean Carter had over the newspaper's content.

Hosti's appeals ran all the way to the U.S. Supreme Court who declined to hear the case allowing the lower 7th Circuit Court's decision to stand.

At NEIU, Communications Professor and Independent Faculty Advisor Edie Rubinowitz approached editors of the Independent last year about having the Independent become formally involved in journalism classes she taught.

Editors at the Independent declined citing concerns over Hosti v. Carter and whether that would jeopardize the status of the Independent as "wholly run student media" and a "community forum" as stated on its masthead.

Independent Associate Editor Nick Gaudio said that the Independent as an organization and media outlet would be willing to participate formally in the Communications Department's journalism classes as soon as the law becomes effective, as the Independent's editorial independence would then be protected from any possibility of censorship by the administration.

Michael Beder, of the Student Press Law Center explained the implications of the law. "The new law, by making all student publications at public colleges "public forums," effectively nullifies the Hosti ruling in Illinois for student media. The decision remains in force in Indiana and Wisconsin, the other two states that make up the 7th Circuit.

"The Illinois law makes student reporters and editors responsible for all content decisions - including decisions about advertising - and gives state schools immunity from being sued over material printed in campus media. It also protects media advisers from being 'terminated, transferred, removed, otherwise disciplined, or retaliated against for refusing to suppress protected free expression rights of collegiate student journalists and of collegiate student editors.'"

The Court narrowly defined that if college media was designated a "public forum and was wholly run by the students then it was protected from oversight by the university administration. If the student media was at all part of an academic exercise then the university could have prior review."

According to the Student Press Law Center, Hosti and her fellow student editors failed in their case because they asked for $1 million in monetary damages and state officials are immune from liability in lawsuits if they are acting in their capacity as representatives of state government, which Carter was.

The Federal 7th Circuit Court of Appeals determined that, "Qualified immunity nonetheless protects Dean Carter from personal liability unless it should have been "clear to a reasonable [public official] that his conduct was unlawful in the situation he confronted."