A case that has caused a considerable amount of uproar among college press organizations, as well as Midwest universities, will begin oral arguments Dec. 10 in Chicago.

If the U.S. Court of Appeals for the Seventh Circuit decides in opposition of Midwest universities it has the potential to curtail free speech rights of student-edited publications and student-run activities at public colleges and universities in Illinois, Indiana and Wisconsin.

The case of Hosty v. Carter has stirred up a considerable amount of concern among members of the student press, causing several groups to band together against Governor’s State University administrators.

During problems between administrators and faculty at Governor’s State University, reporters at the college newspaper The Innovator were writing articles on the conflicts, with one glitch- the university wanted to review the articles before they went to press.

The editors refused and The Innovator editor Jeni Porche, managing editor Margaret Hosty and reporter Steven Barba brought a lawsuit against the administrators for attempting to censor the newspaper in violation of the First Amendment.

If the Seventh Circuit decides the case in favor of the administration, the decision will not only affect Governor’s State but it will have jurisdiction over all public colleges and universities in the state as well as in Indiana and Wisconsin. It will give the right to prior review and censor student publications and activities.

“While it would certainly impact Governor’s State directly, there’s no question it has potential to be a very serious problem,” said Richard Goehler, attorney for The Innovator. “It has serious ramifications.”

In agreement, Mark Goodman, executive director of the Student Press Law Center, said student press would be greatly affected by a decision if the court were to be in favor of the university.

The SPLC is a national organization that works with student journalists and is one of the organizations that has supported the students from The Innovator.

“You can bet there’s going to be a lot more positive stories (about administrators) and a lot less meaningful stories,” Goodman said. “I want the real version, not the university’s PR (public relations) version.

“I would be very scared of that.”

However, not only college journalists will be affected by a court’s decision in favor of administrators. A decision in favor of the administration also would give a university the right to censor all campus activities, including plays, films and speeches, occurring on campus.

“I don’t think there’s any student on campus who wouldn’t feel the impact,” Goodman said.

Now as December approaches Goodman and the students, as well as administrators are preparing for trial in appeals court.

Arguments

On behalf of the administrator named in the suit, Dean Patricia Carter, Illinois Attorney General Jim Ryan’s office submitted a brief arguing that student press at the college level should be subjected to the same scrutiny as at the high school level.

In 1988, a U.S. Supreme Court decision in the Hazelwood School District v. Kuhlmeier case stated high school administrators had the right to prior review and censor power over student press and activities.

To counter Ryan’s brief, the Student Press Law Center and 24 other media organizations filed a friend of the court brief stating First Amendment restrictions at the high school level should not be carried over to the college level.

As they prepare for trial, Governor’s State and the other media organizations are staying “cautiously optimistic,” their case will hold in court, Goodman said. Their case, simply stated, is that censorship does not belong on a college campus or among student press as it is currently allowed at the high school level.

“It’s impossible to predict, but we are hopeful,” he said.

The key issue that is hanging in the balance for the court in December is the argument of the university. Governor’s State officials argue that The Innovator is considered a nonpublic forum and therefore owned by the government and can be subject to such censorship.

However, Goehler said he is relatively confident in the student’s case and that The Innovator should be considered a public forum.

“These are not easy cases, we feel real good about the position we briefed,” he said. “We feel real good that The Innovator would constitute a public forum.”

Potential Impact

If the court’s decision rules in favor of Ryan and Governor’s State administration the potential to affect speech on Eastern’s campus is great.

In comparing this case to the Hazelwood case, Goodman said schools did not jump to the chance of censorship, but gradually over time new administrators were hired and faced too much pressured not to take advantage of such a decision.

“I have no doubt that it will just be a matter of time,” Goodman said. “I have no doubt that they will.”

On the other hand, Goehler said although some universities may never take advantage of the power to censor student press and activities, a court’s decision giving them that right could be damaging enough.

“They certainly could (censor) and there would be a danger that they would,” he said. “It is a very significant issue that has to be avoided.”