Procedure 3220 - Student Publications

Students will enjoy the privilege of free verbal and written expression providing such expression does not disrupt the operation of the school or violate the accompanying policy. The principal will have the authority to monitor student verbal and written expression. Students who violate the standards established by the accompanying policy and chapter 28A.600 RCW for verbal and written expression will be subject to corrective action or discipline. 

For purposes of verbal and written expression, the following guidelines should be in effect: 

1. Distribution of written materials or presentation of an oral speech in an assembly or classroom setting may be restricted:

a. Where there is evidence which reasonably supports a forecast that the expression is likely to cause material and substantial disruption of, or interference with, school activities, which disruption or interference cannot be prevented by reasonably available, less restrictive means; or, 

b. Where such expression unduly impinges upon the rights of others. A school official must base a forecast of material and substantial disruption on specific facts, including past experience in the school and current events influencing student behavior, and not on undifferentiated fear or apprehension. 

2. Distribution of written material or presentation of an oral speech will not be permitted if such material or speech would violate the federal communications act or applicable federal communication commission rules or regulations, or otherwise violate district policies regarding lewd, vulgar, and indecent conduct or communication. 

3. Libelous or slanderous material or speech may be prohibited. Libelous materials shall be defined to include defamatory falsehoods about public figures or governmental officials. In order to be libelous, the defamatory falsehood must be made with actual malice; that is, with knowledge that it is false, or with reckless disregard of whether it was false or not. 

4. Publications may not "invade the privacy" of individuals. Such occurrences may include exploitation of one's personality, publications of one's private affairs with which the public has no legitimate concern or wrongful intrusion into one's private activities in a manner that can cause mental suffering, shame, or humiliation to a reasonable person of ordinary sensibilities. 

5. Publications or oral speeches that provoke unlawful acts on school premises, the violation of law, or the violation of lawful school district policies and procedures are prohibited. 

6. Publications or oral speeches that violate the district’s policy or procedure related to the prohibition of harassment, intimidation, or bullying, or that advocate discrimination or discriminatory disparagement in violation of Chapter 28A.642 RCW and district policy are prohibited. 

Student Publications 

The instructor or advisor will have the primary responsibility for supervising student publications and to see that provisions incorporated into the policy and procedures are met and for teaching professional standards of English and journalism to the student journalists. Publication activities should instill respect for the sensitivity of others and standards of civility as well as the elements of responsible journalism. 

The principal may request to review any copy prior to its publication. The principal will return such copy to the student editors within 24 hours after it has been submitted for review. Any dispute that cannot be resolved at the building level will be submitted to the superintendent for further consideration. When appropriate, the superintendent will seek legal counsel. If the complaint cannot be resolved at that level, the board, upon request, will consider the complaint at its next regular meeting. In addition, any student, individually or through his or her parent or guardian, enrolled in a public high school may file an appeal of any alleged violation of chapter 28A.600 RCW related to school-sponsored media pursuant to the provisions of chapter 28A.645 RCW. 

Political expression by students in school-sponsored media shall not be deemed the use of public funds for political purposes for purposes of the prohibitions of RCW 42.17A.550. 

Expression made by a student in the school-sponsored media is not necessarily the expression of school policy. Pursuant to chapter 28A.600 RCW, neither a school official nor the governing board of the school or school district may be held responsible in any civil or criminal action for any expression made or published by students in school-sponsored media. 

Distribution of Materials 

Students' constitutional rights of freedom of speech or expression provide for the opportunity to distribute written materials on school premises. However, distribution of materials by students will not cause disruption of or interference with school activities. Systematic distribution of materials may not occur during instructional time, unless other similar non-instructional activities are permitted. Students will be subject to corrective action or punishment, including suspension or expulsion, depending on the nature of the disruption or interference resulting from distribution of materials. 

CONTROL OF STUDENT SPEECH: A SUMMARIZED REFERENCE GUIDE 

Adoption: