Exonian Explores Freedom of Press At The Academy

In light of recent administrative directives restricting The Exonian from publishing certain content, the editors and faculty advisers of the newspaper have grappled with their understanding of freedom of press within a private high school environment. The Exonian staff have sought to maintain the uncensored status of the paper and uphold their standards of free press as a community responsibility, while ensuring that their content does not compromise student safety and upholds strong journalistic integrity. To this end, the editors have worked with the paper’s advisers and members of the administration to address questions of whether the public’s right to know certain information outweighs the potential damage it could cause. The Executive Board is also in the process of developing a set of guidelines for its relationship with the administration in a way that preserves The Exonian’s mission of free press.

Like all student-run publications on campus, The Exonian is subject to both its bylaws and the Publication Guidelines outlined in the E-Book. These guidelines, drafted by the Publications Committee about 10 years ago, emphasize that the Academy depends on the “free expression of ideas and has a standing presumption in its favor,” but that it is obligated to prevent the “publication of inappropriate or harmful content, including material that humiliates or disparages individuals or groups.”

The E-Book guidelines detail the role of the adviser within a publication, specifically stating that, while the authority to prevent publication of objectionable material ultimately rests with the adviser, the exercise of such authority ought to be a last resort. The Exonian’s bylaws, however, contradict this guideline: The faculty adviser is described as an instructor and a mentor, not a censor, and the editor-in-chief reserves final say on all editorial decisions.

The Exonian bylaw’s also assert that the newspaper is not subject to prior review, prior restraint, or censorship, and that “staff members claim a broad right to report and editorialize about all issues, including unpopular or controversial ones.” However, recent cases of sexual misconduct at Exeter and their subsequent media coverage have stirred administrative concerns about the potential harm that could be caused by publishing certain sensitive material in The ExonianThe Exonian board was told that it could not cover a recent lawsuit against the Academy involving a current student, and that it could not publish a letter from an alumnus in which specific members of the administration were disparaged. In turn, these measures have raised questions regarding the First Amendment rights of private school students, as well as the supposed uncensored status of The Exonian.

“We at Exeter believe in freedom of speech—which means we believe also in the obligation to respect that right by using it responsibly.”

As a private institution, the Academy is not subject to the First Amendment the way that the government is, so it has the ability to censor content. In a situation where something is published that puts someone at harm or is libelous, an outside party gains the grounds to sue Exeter, arguing that the Academy could have exercised censorship. However, the academic integrity of the school relies on free and honest discourse, and, in support of this mission, Principal Lisa MacFarlane stated, “We at Exeter believe in freedom of speech—which means we believe also in the obligation to respect that right by using it responsibly.”

While senior Philip Kuhn, The Exonian’s editor-in-chief, acknowledged both the Academy’s concerns surrounding the two cancelled pieces and the school’s legal right to prohibit content, he felt the administration could have approached the situation without directly dictating the newspaper’s content.

“The Academy should have approached this situation as an open-dialogue. If they had brought their concerns about the pieces to us and explained any details without directly telling us not to run them, I would fully trust our ability to make the right journalistic decision, while still considering student safety,” he said.

In a meeting with Assistant Principal Ron Kim and Chief Financial Officer David Hanson last week, both the advisers and several members of The Exonian discussed how the administration and The Exonian could better navigate similar situations in the future. Kuhn felt that a consensus was reached that addressed his concerns while also acknowledging The Exonian’s role to consider student safety and issues the administration may bring forth. The Exonian is currently working on drafting an amendment to their bylaws that better details to future boards of The Exonian the relationship between the administration and editors.

In regards to the legality of the situation, history instructor Michael Golay, a former adviser of the newspaper, recognized that a cautious reading of the law might suggest that students don’t have First Amendment rights. “But to apply that reading to Exeter sets a pretty low bar. We ought to aim higher. We always have aimed higher. The students deserve the best possible protections for freedom of expression.”

While history instructor and former Exonian adviser Bill Jordan acknowledged that the legal rights to free expression are not always clear for private school students, he argued that without freedom of speech, there is no academic integrity to an institution. “Exeter may not be bound legally by the First Amendment, but ethically it is,” he said. “If there were ever an institution that should stand up for the principle of freedom of expression, it is Exeter. And if we didn’t, I would feel really disillusioned.”

Likewise, senior and news editor Henrietta Reily pointed out that it is in the best interest of the school, particularly in the long term, to permit The Exonian to be as uncensored as possible. This, she believed, will demonstrate that the Academy “fosters free thought and encourages young journalists to learn by doing without constantly being manipulated or quieted.” Reily continued, observing that “it would look like pretty poor posturing, I think, if we only published flippant, pro-Academy, happy articles. No one would be able to take that seriously.”

Nevertheless, Jordan acknowledged that there will always be limitations on the freedom of press within a school newspaper, but that it is up to the school to determine those limitations. Referencing organizations such as the Student Press Law Center and Journalism Educators Association, which advocate for students to have the final say in the content of student newspapers, Jordan argued that prior restraint places too much power in the censors. “It allows them to kill ideas before they see the light of day,” he continued.

However, Golay considered it very rare for the administration to exercise prior restraint. During his eight years as adviser to The Exonian, “it never happened once so it’s unusual, highly unusual.”

Interim co-Directors of Student Wellbeing Tina Sciocchetti and Jane Stapleton have worked with The Exonian to preserve this commitment to freedom of expression, while recommending that its coverage of sensitive topics involving sexual misconduct should not be directed at specific cases and specific people. “We feel strongly that singling out specific students on campus who are affected by sexual assault is harmful,” Sciocchetti said. “We ask Exonian writers to put themselves in the place of the students being written about and ask themselves, how would it feel to be written about in that manner?”

Noting the importance of protecting the wellbeing of students on campus, Reily explained that if an article were to have the potential to make a student feel attacked or uncomfortable, it would most likely not be worth publishing, “simply because we all live together in such a small, closed community.” She felt that in situations like these, administrators or advisers tend to “step in and ask us not to publish a piece.”

However, Golay questioned whether good journalism would in fact cost a student’s well-being. “I think there’s a way of doing stories that would actually be positive and affirmative ... good journalism in my view is usually a force for good,” he said.

With this in mind, many members of The Exonian staff share a view that efforts should be directed towards instilling good journalistic practices, rather than censoring content. According to Jordan, if writers are taught about ethical journalism and laws involving libel and invasion of privacy, they will be responsible in their reporting. “I have always thought that one of the most impressive things about Exeter is the amount of faith we put in the students. I think that our students tend to be responsible because we respect them enough to give them responsibility,” he said.

In keeping with this objective, English instructor Erica Plouffe Lazure, an adviser to The Exonian, stressed that her role is to support writers and editors in making difficult decisions and to help make the newspaper the best it can be. While this often does include reading parts of the paper before it goes to print, she does not consider this censorship, but rather a way to ensure that students are exercising freedom of press with responsibility and in accordance with E-Book policy.

“And, of course, to minimize typos and make sure we are putting out the best newspaper possible,” she added. In The Exonian bylaws, the adviser is clearly stated to not be an agent of the school administration, but rather a source of advice and guidance to the editors.

While MacFarlane pointed out that not every paper will get it right all the time, she commended the efforts of The Exonian to balance rights and responsibilities when facing questions of how to best inform readers, promote thoughtful discussion and represent the facts fairly and accurately. “I trust, expect and believe that The Exonian struggles in the best Exeter way with these tough questions, and wants always to get it right,” MacFarlane said.

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