Distress In The District Court

Why Take It To Court?

In previous years, topics like teen pregnancy, divorce, and runaways, all of which were in the deleted two-page spread, were published in Spectrum. After students complained about the deleted pages, an anonymous letter was posted on the Journalism classroom blackboard alleging that the articles were too personal and sensitive in nature. This inspired Cathy Kuhlmeier, Leslie Smart, and Leanne Tippett to seek legal action and file a lawsuit against the school district.

Constitutional Questions:

What is a public forum?
Was Spectrum a public forum?

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Two page spread that was removed from Spectrum prior to publication. Certain public places, such as streets, parks, and sidewalks, are considered traditional public forums. In places like these, the government’s authority to regulate speech is more limited. In addition to traditional public forums, the government can create public forums by opening government-controlled spaces for public communication.

Students’ Arguments

Spectrum was a public forum
Spectrum had previously published policy statements protecting the rights of student journalists
Similar topics were published in previous issues of the newspaper
Publication of those topics did not result in disturbances under previous administrations
The privacy of those interviewed was maintained

School’s Arguments

Spectrum was not a public forum
Journalism II was a graded part of the school curriculum and Spectrum was the “laboratory” exercise
Regulation was at the discretion of the journalism advisor and principal
Publication of those topics would cause a significant disruption to the learning environment
The articles didn’t protect the students’ right to privacy

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Black and white image of a man with white hair, wearing a suit with a striped ties

Judge Nangle, Eighth Circuit Court Archives

Trial Dates: November 26-28, 1984
Decision Date: May 9, 1985
Location: U.S. District Court, Eastern Missouri
Judge: The Honorable John Francis Nangle
Decision: Determined Spectrum was not a public forum because it was an integral part of the Hazelwood East Curriculum.

Disagreeing with the District Court’s opinion and seeking justice, the students petitioned to be heard by the Eighth Circuit Court of Appeals.

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