Kincaid Case Threatens Student Journalist's Rights

On September 8, 1999, a three-judge panel for the U.S. Sixth Circuit Court of Appeals in Cincinnati upheld the confiscation and censorship of approximately 2,000 copies of the 1993-94 edition of the Kentucky State University student yearbook, The Thorobred, by school officials. The issues remain locked away in a KSU storage room. At the same time, the court also threw out the student plaintiffs' claim that KSU officials had acted illegally when they transferred the student publications' adviser to a secretarial position after she refused to censor a letter to the editor from the student newspaper critical of school administrators.

In reaching its decision, the court relied on a 1988 U.S. Supreme Court case, Hazelwood School District v. Kuhlmeier, which upheld the censorship of a high school newspaper. This case, Kincaid v. Gibson, marks the first time that the high school-based Hazelwood standard has been used by a federal appellate court to uphold the censorship of college student media. The decision affirms a November 14, 1997, ruling by Judge Joseph M. Hood, a federal district court judge for the Eastern District of Kentucky. 

It is, as one legal expert has said, the case that the college student media has been both waiting for -- and dreading-- for the last 11 years.

A copy of the Sixth Circuit's decision is now available on the SPLC Web site at: http://www.splc.org/newsflashes/kincaidinfo.html

CURRENT STATUS:

The students petitioned the Sixth Circuit for an en bancre hearing before the full panel of Sixth Circuit judges (the Sept. 8 ruling was decided by only a 3-judge panel) on September 22, 1999. The court has not yet made a decision on the petition for rehearing.

College Press Day III -- Regionalization Begins

The future of SCJ is dependent on the ability of its membership to gather as a national organization. Over the years, as our membership grew, this has become increasingly difficult. After several meetings of the Technology and Recruitment and Retention Planning Committee (TARARP) we have decided that regionalization is the best way to keep our membership growing and thriving.

At this year's College Press Day III at Clarion University membership from Ohio, New York, Pennsylvania, and West Virginia will take on the task.

The plan is to hold an SCJ Business Meeting in conjunction with the day's events. This business meeting will end in the formation of SCJ Region I.

After the Clarion regionalization meeting, other areas will be asked to do the same. The College Press Day model, will act as the tool we use to gather membership on a regional basis.

All SCJ members must do their part to make this venture a success. We must be willing to travel to other schools and support those who are close to us. This is essential to the survival of the organization.

Chapters who are isolated will be targeted for our upcoming recruitment drive. The executive office will attempt to recruit membership in these isolated areas in order to form another strong region.

This is an historical move for the nation's oldest honorary. One that we are sure will work, with a little help from our membership.

Oklahoma City Newspaper Sues for Records about Police Nightclub Incident

After a successful attempt to secure a 911 tape involving an alleged rape at an Oklahoma City club for police officers, The Daily Oklahoman has revised a lawsuit against the city's police department to include any and all records relating to the situation.

The lawsuit stems from police activity following a Sept. 25 incident at a Fraternal Order of Police social club. The Daily Oklahoman reported last month that police might have ignored normal procedures in investigating possible misconduct of other police officers.

Under pressure from the newspaper and City Manager Glenn Deck, the police department prepared a criminal incident report that described how six officers found a half-naked woman and a man drinking beer at 5 a.m.--three hours after closing time--at the club, also known as the Glitter Dome.

The police report blacked out most names in the report because no one had been arrested. But the department identified Capt. Bill Martin as one officer found inside the club and a possible suspect in an alleged rape of a club bartender.

When the newspaper learned of the incident, editors asked for a tape of a 911 call from the club. Although the paper said Oklahoma City police routinely provide such tapes, this time the department refused.

On Oct. 12, the newspaper filed suit to force the department to release the tape. In the suit, the newspaper noted that the state Open Records Act specifically included "any...sound recording...received by...public official... in connection with the transaction of public business."

"The purpose of this act is to ensure and facilitate the public's right of access to and review of government records so they may efficiently and intelligently exercise their inherent power," the newspaper said in the lawsuit.

On Oct. 14, the department released the incident report. The next day, it released a tape of the 911 call. 

Instead of dropping the lawsuit, the newspaper decided to expand it to include even more records, said Ray Wilkerson, an assistant managing editor at the Oklahoman.

Such documents and tapes might include police conversations on their car phones about the incident, supplemental reports that have yet to be released and other documents related to the incident, Wilderson told free!

"We want to see if anybody had been booked on this incident," he said. "Any and all documents that were created in this incident -- that's what we're trying to get a hold of."

But police officials have declined to release more information. A spokeswoman for the city manager's office referred calls to the city's legal department which, in turn, directed calls to the police department. Police officials declined comment and referred calls from free! back to the city's legal department.

Wilkerson says the police have clearly tried to cover up the nightclub incident. "They filed no incident report on responding to this event, " he said. "But the public has a right to know about it. You can't have a separate standard for police from private citizens."

NOTES FROM THE EXECUTIVE DIRECTOR

So, we're right in the middle of the semester and deadlines loom as the workload increases - here's some more:

Item A: SPJ Graduation Lists - Remember SCJ has an articulation with the Society of Professional Journalists whereby grads are invited to join SPJ at reduced student rates. Advisers, include December graduates as well as May graduates and mail the completed from to SPJ's National Office in Indiana.

Item B: The Annual Report - I know it's detailed, but it's our way of keeping current - if you've ever completed the back page skip it now - it's essentially for a chartering chapter. Please amplify on section three with a separate press release and/or photos with cut lines. The Reporter Editor, Mary Beth Curry, wants to expand the Chapter Notes segment; After all, it is the membership in action.

Item C: It's Baaaack - The Collegiate Journalist is heading your way via the good offices at Mount St. Mary's College. Publisher Lawbaugh and Editor William Green completed the issue in late summer and we had it off the press in time for initial distribution at CMA/CSPA Atlanta. In the words of our esteemed leader, "They were going like hot cakes." We will try to supply enough for your membership, but you need to let us know exact numbers.

Item D: Conventions Atlanta '99 is complete. Clarion's CPD III is due November 12, replete with delegates meeting to form SCJ Region I. The SCJ Biennial National Convention is set for middle March in NYC in conjunction with CMA/ CSPA's NYC convention. At our National Council meeting convention plans were firmed: look to the December newsletter for full details and registration materials. Essentially Convention '00 will be a series of business sessions where the chapter delegates can do the work of steering SCJ's course for the next two years.
ADVICE: Plan now
HOW: Select your two official delegates - they will earn a stipend from National. Book your hotel room(s) at the Marriott Marquis; it's still the best bargain in Manhattan; and, if Atlanta is any predictor rooms will be precious soon.
             Onwards...

Chapter Notes

Two students from Clarke College have been honored with SCJ Certificates of Merit. The students were nominated by Clarke SCJ advisor, Diana Russo. 

Atsuhito Enok- Atsu has already won national awards for his photography for the Clarke College annual magazine, the Catalyst. "His photographs are outstanding and far beyond what any of our other students are doing. He also displayed a great talent for page design for two layouts he did for our 1999 Catalyst. Atsu is extremely professional in his attitude and in his approach to doing the best possible job and meeting deadlines," said Russo.

Mike Cyze- "As editor in chief of the 1999 college magazine, the Catalyst, Mike displayed exceptional leadership talents as well as being extremely innovative in his approach to the magazine. Mike also served as managing editor of our 1998 award-winning Catalyst and as sports editor of the Clarke Courier newspaper. He has also worked extensively with the college's public relations office. He is extremely responsible and exceptionally resourceful. He is also very talented in dealing with people," said Russo.
 

Copyright 1999
Clarion University of Pennsylvania
Adam C. Earnheardt, Web Master