Kincaid decision could affect nation

The rigid code of journalistic ethics may blur a little at the edges when it comes to college media, but certain freedoms, like editorial discretion, should never be compromised.

Unfortunately, the 6th U.S. Circuit Court of Appeals disagrees. Last week the court upheld the verdict of a Kentucky federal district court decision that gave university administrations the right to exercise control over student publications. The case, Kincaid v. Gibson began when the administration of Kentucky State University recalled 2,000 copies of the student yearbook, citing poor-quality content. The ruling was supported by a 1988 precedent in Hazelwood School District v. Kuhlmeier, in which high school boards were given the status of publisher in dealings with their school-sponsored student papers.

Right now the ruling only encompasses the sixth circuit, which includes Michigan, Ohio, Kentucky and Tennessee. But the implications of the ruling could easily extend beyond those boundaries if a similar case comes up elsewhere and the court decides to cite Kincaid as precedent.

Before the Kincaid ruling, college administrators have consistently been given the right of censorship only in cases where the speech is clearly unprotected - for example, when the speech is profane or libelous - or where it will cause a severe and inevitable violent disruption on the university campus.

In a Sept. 13 editorial, the editorial board of the University of Michigan's The Michigan Daily correctly reasoned that university boards cannot act as publishers for their student newspapers. Publishers have a vested interest in their publications, while university boards have an interest in influencing coverage.

There is a catch, however. A school only has control over a publication if the publication derives any of its financial support from the school. But again, it's a gray area. The Cavalier Daily is completely self-sufficient - we are funded by ads revenue and we pay rent. But we are contractually bound to the University as a CIO. Were the Kincaid precedent to spread to Virginia, would we be exempt?

The bottom line is that there is little point in having a student publication if it is subject to administrative oversight. Collegiate publications do not operate under the same circumstances as our professional counterparts, but editorial freedom is the cornerstone of journalism. It must be respected.

- This staff editorial was published Tuesday in the Cavalier Daily, University of Virginia's student newspaper.

09-16-99