On-line Student Publications:
Do Student Editors at Public Universities
Shed Their First Amendment Rights in Cyberspace?

Law Division,
Association for Education in Journalism and Mass Communication,
Anaheim, Calif., August 1996.

   As the popularity of on-line student newspapers and literary magazines increases, so does the likelihood that these publications will be censored by college administrators. The big question is: Once words are converted from newsprint to digital format, does their First Amendment status change? This research paper examines a narrower question: Do First Amendment protections granted to student print publications at public colleges and universities apply to their on-line counterparts?

   The paper addresses that question in four sections. Part I examines the federal and state court decisions establishing First Amendment protections for student print publications and applies these to on-line student publications. Part II examines Federal Communications Commission rulings and court decisions affecting the rights of student broadcasters and applies these to on-line student publications. Part III explores public university liability for libel and privacy invasion by the student press, two court decisions regarding on-line service liability for potential libel, and the implications of these decisions for universities controlling the content of on-line student publications. Part IV reviews several rationales for extending First Amendment protections to all cyberspace publications.

   The paper concludes that on-line student publications at public colleges and universities are entitled to the same First Amendment protections afforded to their print forerunners. Exercising editorial content over the content of these on-line publications is not permissible, and, in fact, such control would seem to place schools at a greater risk of assuming liability for tortious statements made in those publications.


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