Tinker Turns 50 - The Eagle Eye, Volume 4 - Special Issue

May 2019 • Volume 4, Special Issue

Tinker Turns 50

The Eagle Eye Volume 4, Special Issue • May 2019

04 Setting a

Precedent

06 Q&a - Mary Beth Tinker

Marjory Stoneman Douglas High School 5901 Pine Island Road Parkland, FL 33076

The Tinker Team Rebecca Schneid Dara Rosen Leni Steinhardt Brianna Fisher Ashley Ferrer Hannah Kapoor

Cover photo by Darian Williams

08 10 Tinkerversary Journey to event

Supreme Court case, The Eagle Eye Staff Mary Beth and John Tinker Tinker v. Des Moines, sets interviews plaintiff from speak to students at the a standard for student free Tinker v. Des Moines case State Historical Society of speech rights 50 years after landmark Iowa ruling

Raquel Alvarado Anna Crean Nicolle Martin Elizabeth Sheehy Melissa Falkowski Sarah Lerner

Justice

Civil rights activist Edna Griffin’s legacy lives on

12 Fighting for the First

Students throughout history fight for their First Amendment rights in court

Design by Rebecca Schneid

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Photo by Nicolle Martin

14 Listening to

16 Raising Our

18 Trouble in

The Eagle Eye staff interviews uncomfortable learning advocate, Zachary Wood, on his views about listening to dissent

Student-led, grassroots movement called New Voices works towards better press rights for students journalists and their advisers

dissent

Voices

Texas

20 Fight for

your Rights

21 The Tinker

Student journalists from Proper High School step up in the fight against censorship

Opinion: Students hold the same First Amendment rights as all other U.S. citizens

Student journalists from Marjory Stoneman Douglas High School travel to Iowa

Team

Setting a Precedent

Forever Family. Six members of the Tinker family pose Student Protest. Mary Beth and John Tinker hold up Peaceful Protest. Newspapers from the 1960’s depict along side four members of the Eckhardt family during the black armbands they wore to school to protest the protests about the Vietnam War. Photo by Dara Rosen the summer of 1966. Photo courtesy of Mary Beth Tinker Vietnam War. Photo courtesy of Mary Beth Tinker

04 News • Tinker v. Des Moines

Design by Dara Rosen

Supreme Court case, Tinker v. Des Moines, set a standard for student free speech rights

I

n 1965, over 100,000 active American troops were fighting in the Vietnam War, which would become one of the deadliest and one of the most unpopular wars in U.S history. In an act of protest, students in Des Moines, Iowa, such as Christopher Eckhardt and siblings Mary Beth and John Tinker, created a plan to wear black armbands to school throughout December 1965, symbolizing their opposition to the war and their desire for peace.

When the principals of the Des Moines County Public Schools heard of these plans, they announced that anyone donning a band would be disciplined. Disregarding the warning, both Mary Beth Tinker and Eckhardt wore their armbands and were sent home. The following day, the armband caused John Tinker’s suspension.

Feeling that the suspension violated their First Amendment right to free speech, Eckhardt and the Tinker children decided to sue the school district. With the help of American Civil Liberties Union lawyer Dan Johnston, the three students filed their case against the Des Moines School Board in the U.S. District Court for the Southern District of Iowa, who found in favor of the school district.

According to the court, the armbands were a distraction to the school atmosphere, making the principals’ actions appropriate for the situation at hand.

Still believing that their First Amendment rights were violated, The Tinkers and Eckhardt ultimately appealed their case to the United States Supreme Court. In 1969, the court ruled in favor of the students in a 7-2 decision.

Leading this decision was Justice Abe Fortas, as well as six other judges who had agreed the students’ free speech rights were infringed upon.

Specifically, the court ruled that the black armbands were not a distraction to anyone within the school community. Additionally, because the school did not censor other forms of protest regarding the Vietnam War, it could not discriminate against wearing the armbands.

Writing the majority opinion on the case, Fortas went on to affirm the freedoms that young people have under the Constitution. Using examples of times when absolute authority has overcome society, Fortas explained how school officials do not have this same power over their students.

Setting a precedent for all further cases regarding free speech, Tinker v. Des Moines established the act of allowing students to peacefully present their opinions without fear of repercussions. Guiding lower level cases, as well as other Supreme Court cases, Tinker v. Des Moines serves as the standard for the expression of the five freedoms guaranteed by the First Amendment.

This case set the precedent for students rights to free speech and expression by stating in the majority ruling, that “neither students nor teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate,” and students speech could only be prohibited if that speech would disrupt the learning environment. Story by Nicolle Martin and Brianna Fisher District Court Decisions. The Tinker v. Des Moines case was heard in the U.S. District Court for the Southern District of Iowa, this court ruled in favor of the school. Photo by Dara Rosen

Fifty four Years Later. Mary Beth and John Tinker return to the court room where their case was first heard in Des Moines, Iowa in 1965. Photo by Dara Rosen

Behind the Band

A

Black armbands hold historically symbolic meaning black armband was an essential aspect of the Tinker v. Des Moines Supreme Court case.

The armband was the symbol of the Tinkers’ activism, as well as a visual representation of their message. However, the Tinker case is not the only time this garment has been used to express a view or belief.

Dating back to the rule of the Roman Empire, black clothing was utilized to signal mourning. The Romans would wear togas of dark coloring, indicating that someone had died.

The use of black armbands was first introduced during the 1770s in Great Britain following the death of Prince Albert of Saxe-Coburg, the husband of Queen Victoria. These black armbands served as a signal that someone was in a mourning period or honoring someone who died. Resulting from this royal death, servants were ordered to wear black crepe armbands for at least eight years in honor of Prince Albert.

A new interpretation of the armband was formed as part of protests against the Vietnam War. Merging the symbolic meaning of the band as a garment for mourning and their desire for peace, a group of Iowan students decorated black armbands with a white peace sign.

Black armbands continue to symbolize a state of mourning and respect for someone who has died. The garment has been worn regularly throughout history

Spreading Peace. Mary Beth Tinker signs armbands on the anniversary of the Tinker v.

Des Moines ruling. Photo by Dara Rosen

in all aspects of life, ranging from politics to sports.

The latest instances in which the armbands have been used include the aftermath of the terrorist attacks in Paris in 2015. In response to these attacks, French athletes and famous figures, such as Formula One driver, Romain Grosjean, wore black armbands as a sign of unity and national mourning for the victims.

Black armbands have long been a symbol of mourning and protest, and they will continued to be used in a powerful and meaningful way. Story by Ashley Ferrer

Tinker Tour

T

Mary Beth Tinker travels the world on her ‘Tinker Tour’ he Tinker Tour is a nationwide movement that serves to promote the voices of youth, as well as student First Amendment rights. The tour was founded by activist Mary Beth Tinker in 2013 and was backed by the Student Press Law Center that same year. Since then, the Tinker Tour has been endorsed by multiple civil rights, civics education and journalism groups.

To begin the tour, Tinker and SPLC attorney Mike Hiestand visited the Arch Street Friends Meeting House in Pennsylvania, on Sept. 15, 2013 in order to pray and honor one of the reasons they began the tour–the 50th anniversary of the 16th St. Birmingham church bombing, where four African American girls were killed by the Ku Klux Klan while attending Sunday school classes. The KKK targeted their church because it had been at the center of civil rights protests in Birmingham, Alabama.

The tour continued on Constitution Day, Sept. 17, 2013 at the National Constitution Center in Philadelphia. The tour has not stopped since, covering over 15,595 miles across the country, from Sao Paulo, Brazil and Vancouver to Canada and throughout the United States.

In 2015, the Tinker Tour celebrated the 50th anniversary of the Tinkers ruling with a special week sponsored by the

Speaking Out. Mary Beth and John Tinker speak to students in Iowa about the importance of student free speech. Photo by Nicolle Martin

superintendent and alumni organizations in Des Moines, Iowa. The Tinker siblings reunited and were welcomed by various Des Moines schools.

Through the Tinker Tour, Mary Beth has spoken to over 20,000 students and teachers in public schools, colleges, churches, youth detention facilities, courts and national conventions.

The Tinker Tour continues to inspire students all over the country to use their voices through real-life civic lessons and stories. Story by Ashley Ferrer

News • Tinker v. Des Moines 05

s lp e h it , s lp e h it ; n io t ac e k a t u o y n e h w s lp e h it w t c e n n I think it really h o c u o y e] s u a c e b [ d o o g n e v e it’s le. p o e p g you feel better. And in t s e r e t in f o inds k ll a t e e m d n a le p o other pe

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Blast From the Past. Mary Beth Tinker visits Harding Middle School, where she was suspended for wearing a black armband to school 54 years ago. Portrait by Dara Rosen

06 Feature • Mary Beth Tinker

”

Q &ATinker

Design by Dara Rosen

The Eagle Eye staff interviews plaintiff from Tinker v.

Des Moines case 50 years after landmark ruling

Mary Beth

M

ary Beth Tinker wore a black armband to school to protest the Vietnam War and was suspended for it. She felt that her First Amendment rights had been violated and took her case all the way to the Supreme Court in the landmark case, Tinker v. Des Moines, that set a precedent for free speech and expression for students in public schools.

Why do you feel that the freedom of the press, especially in today’s world, is so important and relevant?

Without the freedom of the press, we can’t communicate with each other, and we can’t learn the truth of what’s going on in the world so that we can make changes, and we need to make some changes, because we’re certainly not going to be satisfied with the way things are right now.

in clinics, and in hospital rooms and in schools too. And so, for example, young people are the most likely to live in poverty. I just saw a report that girls, ages 16 to 19, are three and a half times more likely to be sexually molested. When I was in Seattle, some months ago, I learned that the homeless rate of teenagers has doubled in the last five years....There are just so many examples of how kids aren’t really getting a fair deal in the way that we have arranged our society. So who is really powerful and changing that, you, yourselves, young people, when you speak up and stand up about this.

Do you have an optimistic or pessimistic viewpoint over where our government is heading, especially in light in the change in student voting across America?

you know, vote for the students if the Tinker case came and he said, “Yes, I would, because I believe that students should have the rights.” A lot of conservative students want to speak up about things that have other ideas... and so to the adults that are conservative and liberal as well, they have, you know, people just want youth to have a voice So especially out of our movement from Parkland, we really used the power of social media through the hashtags “MSD Strong” and the hashtag “Never Again.” Do you feel like if you had social media at the time that you would have utilized it?

Yes, I think social media is a very good tool, and I’m so impressed by the way that you have used it in Parkland to really make a difference and to connect students and adults from all over the I feel very optimistic. As I travel around the country, I met with so many Parkland students this country. We definitely would have used it because you want to use every tool at your disposal. We week, and I had a chance to talk with all of you.

What’s one thing you would say to journalists had an armband. You have smart phones. You I’ve been following what you’ve been doing since who are struggling with censorship? the shooting; it’s really heartening. It’s wonderful. have social media, and you’re really using it very effectively. And I’m just so heartened to see that, I love the movement that you’ve created and how First of all, you can contact some of your and I am already part of your movement. supporters, and those can be found at the Student you’ve linked also to students of color. I think that’s just so heartening because it shows a higher Press Law Center. And you can check with some awareness of the problem and the need to link others that have dealt with things like this, like Can you explain what’s happening this week, these communities to each other. So I think it’s just and how student journalists and activists across some students from Texas, and there are others very heartening. around the country, a teacher, a parent. And if the country are participating?

In the program yesterday, a girl from a small the censorship is also something about your free town in Iowa was talking about how she’s speaking speech, and something that you want to express, This is Scholastic Journalism Week and this up about taking care of the land and agriculture you can check with the American Civil Liberties year has just been declared the Year of the Student Union, they can be helpful, also an adviser or write and taking care of animals, students are speaking of Journalist by the Newseum in Washington, D.C. so LGBTQ rights and women’s rights and immigration I’m really excited to be kicking it off this week here to me at TinkerTour@gmail, and I’ll see if I can rights. There’s just so many things, students help out too. at the Tinkerversary in Des Moines with student speaking up against racial injustice and has started journalists from Texas, all of you from Florida, clubs in their school like one in Maryland, where I students from Arkansas, Iowa journalism students, You noted in your presentation the other day that only 2% of Americans know about the freedom was recently, and there’s just so much as a student. and we’re going to carry that into the next year as we keep campaigning for New Voices legislation. of petition, which is a problem. Why do you think The good news is that when you do that, and it’s kind of helpful to deal with your feelings of, that is? frustration, grief, and even hopelessness, which, of Do you have anything left to say, just for our course, we all feel sometimes. I think it really helps readers?

The basic fundamentals of democracy are not when you take action; it helps, it helps you feel being taught as much as they should. And that’s better. And it’s even good [because] you connect a problem with not having enough money, or I would just like to say it’s really all about love teachers or schools, and kids not having what you with other people and meet all kinds of interesting and making connections. I love all of you, and people like I have this week. need. You should have everything that you need.

I’m really looking forward to working together You should have great teachers and small class more so that we can end gun violence and pass sizes and arts and music… you should be able to some common sense gun laws. It means so much If your trial occurred today, do you think you have the resources that you need. to me it’s an issue that is near and dear to my would have the same outcome or a different heart because as a nurse, I’ve just taken care outcome? of way too many kids that have been shot. I’m Why do you feel that students today, still feel really heartbroken about the violence in the I think if the Tinker case went to the Supreme the need to petition and protest for their rights Court today, the court would also rule in our favor United States. I’m looking forward to being part and freedoms? of the movement, and I already am. Thank you because even conservative justices want young for everything that you’ve been doing; you’re people to have rights... I asked [Justice Alito] a Conditions of students are not optimal. I’m a wonderful. Interview by Leni Steinhardt nurse, and I spent my career working with children few years ago, when I was at the Supreme Court for a program on the Tinker case, if he would still, and teenagers mostly as a trauma nurse, but also

Feature • Mary Beth Tinker 07

Center Stage. Mary Beth and John Tinker participate in a question and answer session with students on Feb. 22 about the 50th anniversary of the ruling of their Supreme Court and the importance of student First Amendment rights. Photo by Nicolle Martin

Talking Tinker. Mary Beth and John Tinker share details about their Supreme Court case at the State Historical Society of Iowa Tinkerversary event on Feb. 22. Photo by Nicolle Martin

Using Her Voice. Marjory Stoneman Douglas High School senior Rebecca Schneid speaks to students about the importance of free speech rights to her on Feb. 22 as part of the Tinkerversary event at the State Historical Society of Iowa. Photo by Dara Rosen

Tinker T-Shirt

R

aygun, a shirt company based in Des Moines, Iowa, where the landmark Tinker v. Des Moines court case was first heard, made shirts for the 50th anniversary of the ruling. The shirts read “Don’t Tinker with my rights,” and underneath the slogan is “Tinker v. Des Moines (1969).”

Raygun is best known for its merchandise with humorous phrases and liberal slogans. The proceeds from the shirt sales will benefit Tinker Tour USA, a special project by the Student Press Law Center. The SPLC is an organization that works to defend the rights of student journalists. The shirts were just one part

I Promise. Mary Beth and John Tinker invite students up to the stage to collect shirts if they can name their First Amendment rights and promise to use them. Photo by Nicolle Martin

Raygun sells shirts for 50th anniversary of the Tinker v. Des Moines Supreme Court ruling

of a much larger movement to protect student journalists’ free speech rights.

“We actually coordinated with the documentary filmmaker Maribeth Romslo, who helped field communication between our staff, [Marjory Stoneman Douglas High School] students and Mary Beth Tinker in coming up with the design,” Brittany Crow, an employee at Raygun, said.

The shirts were being sold for $23 through February and March. They are currently on sale for $17.25 at https:// www.raygunsite.com/products/donttinker-with-my-rights. Story by Raquel Alvarado

08 News • State Historical Society of Iowa–Tinker Turns 50

Representing Raygun. Eagle Eye Adviser Melissa Falkowski and activist Mary Beth Tinker wear their “Don’t Tinker With My Rights” shirt at an event at Raygun. Photo by Dara Rosen

Don’t Tinker With My Shirt. Raygun created a special t-shirt design for the 50th anniversary of the Tinker v. Des Moines ruling. Photo by Dara Rosen

Tinkerversary Design by Dara Rosen

Mary Beth and John Tinker speak to students at the State Historical Society of Iowa

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ifty years after the landmark decision of the Supreme Court in the Tinker v. Des Moines case, establishing student free speech rights at school, Mary Beth Tinker and her brother, John Tinker, traveled to nine Iowan schools and several different events from Feb. 18-Feb. 28, 2019 to speak to students and teachers about the importance of First Amendment rights for youth.

The anniversary was called the “Tinker Tour,” and organizers used the hashtag “Tinkerversary” to promote the events on social media.

The largest event took place at the State Historical Society of Iowa on Feb. 22.

Over 200 students from Iowa, Texas and Florida attended and hundreds of students watched the broadcast on Iowa Public Television, PBS and online through a live stream.

“Our role in democracy is not just to follow what has been decided, but it is to think about things and to criticize the decisions of politicians when we feel as though they have gone astray,” Mary Beth said to the auditorium of attendees.

The historical society event began with an introduction by host Kay Henderson from Radio Iowa, who outlined the significance of the Tinker v. Des Moines ruling, the purpose of the event and how the afternoon would progress.

“Their four-year court battle culminated in the landmark decision...

Q &A O

frequently cited by justices in cases regarding free speech. Since then, John and Mary Beth have been activists for First Amendment rights, and they are here today not just to answer questions about their case, but to share about their journey as advocates,” Henderson said.

The Tinker siblings introduced students Lauren Johnson and Grace Gerlemen from Decorah High School, who presented their award-winning project for National History Day on civil rights activist Edna Griffin. Edna is nicknamed the “Rosa Parks of Iowa” for her activism that helped spark the civil rights movement in Iowa. The two students then brought out Edna’s son, Stanley Griffin, who spoke of his mom, the impact she made on the civil rights movement and how impressed she would be with students using their First Amendment rights today.

“My mother was very bold; she was a true force of action,” Stanley said. “She dedicated herself to human and civil right and she wants to transfer that power to all you kids... Everybody can make a difference. Always stand up for what’s right and remember my mother.”

Soon thereafter, the Tinkers invited current Iowa Supreme Court Justice Brent Appel to the stage.

Justice Appel took the students on a “bus tour” through Iowa’s most impactful freedom of speech court cases. He explained the state’s “checkered” history, full of “both correct rulings and missteps

of the court.” All of them, though, culminated in the extensive student free speech allowed today, both in Iowa schools and outside of them.

The Tinkers continued with a detailed recap of the events leading up to their court case, from what led them to wear their black armbands, to their suspension, to the lengthy court battle from the District Courts of Des Moines to the Supreme Court of the United States.

Afterward, there was a Q&A session where students had time to ask the Tinkers questions about how to speak up about censorship and how to make a change in their own communities. Those watching through the live stream could also ask questions on Twitter, using the hashtag “Tinkerversary.”

One question came from Ruby Gonzalez from Brownsville, Texas who asked for advice on how students should speak up about what they believe in.

“We were scared to speak up, but we had examples in our life, like the Birmingham children who stood up for their rights, as well as our parents who pushed us. I would say find a few people

that care about the things that you care about and it makes it much easier, even fun, to stand out,” Mary Beth said.

To close the event, two students took the stage to describe their own fight to speak up for what is right, utilizing free speech to do so, as given to them by the Tinker v. Des Moines case. The first was Iowa student Jenny Wang, and the second was Marjory Stoneman Douglas High School senior Rebecca Schneid.

“Through this event, I learned more about speaking out,” Omar Vasquez, a student from Storm Lake, Iowa said. “As a minority who wants to go into the medical field, I hope to use my voice and actions to inspire other minorities to speak up and understand that they can do anything that they want to do.”

The “Tinker Tour” not only celebrated the 50th anniversary of Tinker v. Des Moines, but the tour was also used to empower students to fight for what they believe in. Mary Beth, as well as the other speakers, spoke of the important steps that have been taken in the past, as well as the steps that need to be taken in the future. Story by Anna Crean

ing k a e p s t u o b a e r o m d rne a le I , t n e v e is h t h g u Thro her t o e ir p s in o t s n io t c da n a e ic o v y m e s u o t n do a c y e h out... I hope t t a h t d n a t s r de n u d n a p u k a e p s o t minorities do. o t t n a w y e h t t a h t t anything they wan

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Justice Appel

The Eagle Eye staff sits down with Iowa Supreme Court Justice Brent Appel

n Feb. 22, Appel spoke to students at the State Historical Society of Iowa on the 50th anniversary of the Tinker v. Des Moines ruling about landmark cases involving free speech and student rights.

Justice Brent R. Appel was appointed by former governor Tom Vilsack to the Iowa Supreme Court in 2006 to succeed Justice James Carter. Appel was retained by voters in 2008 and 2016; his current term is up in 2024. Appel served as a member of the Federal Advisory committee of the Rules of Evidence from 2010 to 2016.

Previously, Appel was Iowa’s deputy

attorney general; he served in this position from 1983 to 1987. From this time to the time of his appointment onto the Iowa Supreme Court, Appel served as a private attorney.

Why do you feel that still today students are protesting and petitioning for their rights and freedoms?

Throughout history, young people in particular have sought to expand the universe of rights. And so it’s not surprising to me at all.

Why do you feel that the freedom

of press especially in today’s world of journalism is so important and relevant?

Well, in a democracy, if you don’t have vigorous, informed discussion of public issues, you can’t function. If the press is suppressed and you don’t have the public debate, people cannot make the informed judgments that are required to effectively participate as voters and as solutions. So I think of all the rights protected by the Iowa Bill of Rights: freedom of press and freedom of speech, are absolutely central to the operation of a democracy.

Do you have an optimistic or

pessimistic viewpoint of the future of our government, especially in light of the change in student voting?

The future is hard to predict. But there have always been challenges to effective operation in the democratic government.

You know, going back to period before the Civil War, there were efforts to suppress speech throughout the south shortly and, you know, to gag petitions in the United States Congress. Throughout history, there have been efforts to limit free expression and it’s up to each generation to win the battle. Interview by Leni Steinhardt; photos

by Rebecca Schneid

News • State Historical Society of Iowa–Tinker Turns 50 09

Artwork by Rachel Connell; Courtesy of Mary Beth Tinker

Edna’s Legacy. Stanley Griffin, son of activist Edna Griffin, stands alongside students Grace Guerelan and Lauren Johnson to talk about the achievements of Edna’s civil rights activism.

Photo by Nicolle Martin

Influential History. Decorah High School students Grace Guerelan and Lauren Johnson pose at a lunchtime break at the Tinkerversary event at the State Historical Scoiety of Iowa on Feb. 22.

Guerelan and Johnson completed their nation history day project on the civil rights activist, Edna Griffin and won the African American History Award for it. Portrait by Dara Rosen

Journey to justice B downtown Des Moines due to their race.

A waitress took their ice cream orders and then returned to their table and efore there was Rosa Parks, there declared that the establishment did not serve colored people. was Edna Griffin. Nearly seven Edna asked to speak to the manager, years before Parks infamously yet the manager simply reiterated their sat on the bus in Montgomery, policy to deny service based on race.

Alabama, Edna Griffin stood up against Unsettled by this injustice, Edna racial injustice in Des Moines, Iowa. began a campaign in order to prevent Edna was born on Oct. 23, 1909, in establishments, like Katz Drug Store, from Lexington, Kentucky. Edna was raised refusing service on the grounds of racial in New Hampshire and often moved to various states, such as Massachusetts and discrimination.

The campaign consisted of boycotts, Tennessee. sit-ins and pickets that took place in In 1933, Edna graduated from Fisk front of the store every Saturday for two University in Nashville, Tennessee with months. an English degree. During her academic Edna also gathered a committee to end career, she participated in many protests, the usage of Jim Crow laws at Katz Drug such as the opposition of Mussolini’s invasion of Ethiopia. It was at this protest Store, as well as filed a civil suit against owner, Maurice Katz, in November 1949. where she met her husband, Stanley Local members of the NAACP, Charles Griffin.

Howard and Henry McKnight, represented The Griffins moved to Des Moines, Iowa on Jan. 2, 1947. There, they had three Edna on her civil case.

The Polk County Attorney’s Office children; Phyllis, Linda and Stanley Jr. prosecuted Katz in a criminal trial for According to Stanley Griffin Jr., his violating the 1884 Iowa Civil Rights mother was devoted to helping other Act. An all-white jury found Katz guilty discriminated and underprivileged and fined him $50. Katz filed an appeal, minorities. but the verdict was upheld by the Iowa “I think [she started her activism] when she was born. She started activism immediately when she was in Tennessee, I think she witnessed all the discrimination there,” Stanley said. “Shortly after they moved to Des Moines, she hit the ground running.”

Briefly, after arriving in Des Moines, Edna became affiliated with the Iowa Progressive Party, supporting Henry Wallace in the 1948 presidential election.

On July 7, 1948, Edna’s daughter Phyllis, as well as her activist counterparts John Bibbs and Leonard Hudson were denied service at Katz Drug Store in

Civil rights activist Edna Griffin’s legacy lives on

Supreme Court in December 1950.

In the civil suit, Edna and her coplaintiffs, Bibbs and Hudson, sought $10,000 in punitive damages as a result of the Katz drug store incident. The all-white jury on the civil case sided with Edna and the other plaintiffs. Although the jury only awarded $1 in damages, her laywers called it a “moral victory.”

Due to the precedent set in the State of Iowa v. Katz, it became illegal to deny service based on racial identity.

In 1998, the Katz Drug Store was renamed the Edna Griffin Building in her honor.

Edna spent her life trying to improve the lives of others and attempting to eliminate the injustices of the world.

Edna died on Feb. 8, 2000, but her memory still continues to inspire young activists to use their voices to speak out for what is right.

Decorah High School students Lauren Johnson and Grace Gerleman dedicated their National History Day project to Edna Griffin. Decorah High School is located in Decorah, Iowa.

“We really wanted to focus on activists in history, mainly women who were able

to stand up for what they believed in,” Gerleman said. “We also wanted to focus on Iowa and choose someone who was not necessarily heard of before, to bring up their story as a person who was important to history that not everyone may know about.”

The pair won multiple awards for their project, as well as an invitation for the 70th Edna Griffin Legacy Awards Dinner.

“Learning about Edna was powerful and gave me confidence. I thought, ‘Hey, she could do this, and she did it years before Rosa Parks.’ She was really powerful and not well-known,” Johnson said.

Edna Griffin was not only a highly influential civil rights activist, but she was a daughter, a mother and a citizen of this country who cared deeply for others.

“My mother was the number one mother in the world, to myself. She was definitely my accompanist. When I played cello in school, she was standing up for union rights in Iowa,” Stanley said.

Edna’s legacy will forever remain, inspiring others to utilize their voices and take action when they believe something is not right. Story by Ashley Ferrer

rn. o b s a w e h s n e h w ] m is v cti e, e s I think [she started her a s e n n e T in s a w e h s n e wh ly te ia d e m im m is v ti c a d rtly o h S .

She starte .. re e th n o ti a in im r c dis e th ll a d e s s e n it w e h g. s in k n n u r I thin d n u ro g e th it h e h s, s e in o M s e D to d e v o m y e after th

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10 Feature • State Historical Society of Iowa–Edna Griffin

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Design by Ashley Ferrer

From the archives

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Hidden History

State Historical Society of Iowa opens archives to MSD student journalists

n Feb. 22, 2019, after an event at the State Historical Society of Iowa to celebrate the 50th anniversary of the Tinker v. Des Moines Supreme Court case, the archives at the historical society were opened up for viewing and research. Student journalists from Marjory Stoneman Douglas High School spent about an hour

Led by Example

there, searching through old newspapers from the time of the Tinker case and other significant events surrounding free speech and students utilizing their First Amendment rights. They researched public opinion on the Tinker case in Iowa through microfilm photographs of newspaper clippings from the late 1960s.

Story by Rebecca Schneid

Hidden History. The State Historical Society of Iowa preserves local newspapers in its archives. Photo by Dara Rosen

Keen Eye

Led by Example. An employee at the State Historical Society of Iowa demonstrates how to view the microfilm in their archives to the students and advisers from Marjory Stoneman Douglas High School. Photo by Rebecca Schneid Keen Eye. Aerie yearbook writer Anna Crean searches the State Historical Society of Iowa archives for microfilm. Photo by Rebecca Schneid From The Times of Tinker. Eagle Eye Multimedia Editor Leni Steinhardt, adviser Melissa Falkowski, Copy Editor Dara Rosen and staffer Ashley Ferrer discuss high school newspaper clippings from the 1970s at the State Historical Society of Iowa. Photo by Rebecca Schneid

From the Times of Tinker

Word warriors

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America is college for dreamers, A rainbow of skin colors, America is not one race, America is the finish line of all who raced to get here, America you are an immigrant.

Yabsira Tekle, 12 East High School - Des Moines, Iowa

I think poetry as an art is a powerful part of movements and revolutions and awakenings. Every time there’s war, sorrow or celebration, an artist will always be called upon to be the voice of the people... Free speech to me is sacred because I get to plant seeds of hope of knowledge of comfort and of repentance in hearts of audiences.

“

Urban arts community group, Movement 515, performs spoken word poetry at Tinker anniversary event There is no home in the forest, no wonder they are becoming extinct.

You teach us ‘finders keepers, losers weepers,’ but I guess that only applies to the privileged.

Jazzy Johnson, 12 East High School - Des Moines, Iowa

I use poetry to express myself because it gives me voice. It gives me power and a way to educate others on certain issues.

It is a way to heal, grow and learn. Without poetry, I would be empty.

” Inspired by Tinker “ ” “ ” I think students learning about somebody else the same age as them changing the world for the better really inspires us to drive for a better future.

Omar Velazequez, 09 Storm Lake High School - Storm Lake, Iowa

Our generation has the most technology, but we are forced to carry the burden of past generations.

Ulises Morales, 12 Dowling Catholic High School - West Des Moines, Iowa

”

Attendees at 50th anniversary Tinker case event share what they learned

“ “

... After today, I realized that something we can do is create more after school groups to come together and participate in student activism.

”

Tiahna Burton, 09 Storm Lake High School - Storm Lake, Iowa

I hope to gain more information about different court cases and their impact...I now understand more of the importance that free speech has.

”

Olivia Ninia, 12 Dowling Catholic High School - West Des Moines, Iowa

News • State Historical Society of Iowa–Tinker Turns 50 11

Fighting For First Amendment

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

West Virginia State Board of Education v. Barnette (1943)

What Happened: In 1942, the West Virginia Board of Education required teachers and students to salute the flag as part of school activities. If a pupil refused to salute, it was to be treated as an insubordination and was punishable by expulsion and charges of delinquency.

Walter Barnette, a Jehovah Witness, sued the state for enforcing this rule. This is because Jehovah Witnesses do

School children salute the American flag. Photo courtesy of the Library of Congress

What Happened: In 1965 a group of students, including Mary Beth Tinker; her brother, John Tinker; and their friend, Chris Eckhardt, held a meeting and decided to wear black armbands to school to show their support for a truce in the Vietnam War. The principals of the Des Moines School District learned of the students’ plan and created a policy banning the arm bands.

Students refusing to remove

Tinker v. Des Moines (1969) Mary Beth Tinker attends a Des Moines School Board meeting with her mother in early 1965.

Photo courtesy of the Des Moines Register

In Six Words

“

Speaking your mind without dehumanizing others.

” “ ” “ ”

Students share what free speech means to them

Anisah Steele, 10 Marjory Stoneman Douglas High School

Expressing myself in any way possible.

Isaac Christian, 11 Marjory Stoneman Douglas High School

Freedom to express yourself without fear.

Keyanna Adams, 10 Deerfield Beach High School

12 News • First Amendment Landmark Cases

not pledge to any symbol or object as part of their religious beliefs.

Barnette felt that West Virginia Board of Education’s rule was a violation of his First Amendment rights.

The case was appealed to the Supreme Court and was heard on March 11, 1943. In a 6-3 decision, the court overruled its previous decision in Minersville School District v. Gobitis and held that compelling public school

them would be suspended. The students went ahead with their plan to wear the bands and Mary Beth, John and Echkardt were all suspended. They sued the Des Moines School District for violating their First Amendment rights.

After four years and two appeals, the case reached the U.S. Supreme Court. The court found in favor of the Tinkers and Eckhardt in a 7-2 decision. The majority opinion supported the

“ ” “ ” Speaking your truth, while being just.

Kayla Walters, 11 Coral Glades High School

We can say whatever we want.

Alexandra Duffy, 10 Marjory Stoneman Douglas High School

children to salute the flag was unconstitutional.

What it Means: West Virginia State Board of Education v. Barnette overruled a previous precedent which forced students to salute the flag as a representation of nationalism and unity. This ruling allows public school students refuse to salute the flag for any personal reasons, which expanded free speech rights for students.

idea that when a student enters school property, they do not shed their constitutional rights.

What it Means: The 1969 decision in the Tinker vs. Des Moines case set the precedent for student free speech in public schools. As long as students do not create a substantial disruption or infringe upon the rights of other students, they have a constitutional right to free speech in public schools.

“ ” “ ” The right to express your opinion.

Ella Yaipen, 09 Marjory Stoneman Douglas High School

Being able to express my thoughts.

Anna Grace Meyers, 11 Marjory Stoneman Douglas High School

The first Bethel v. Fraser (1986)

Matthew Fraser poses for a photo in front of Bethel Senior High School in Spanaway, Washington on Feb. 18, 1988. Photo courtesy of Getty Images

Hazelwood v. Kuhlmeier (1988) Student editor Cathy Kuhlmeier poses for a photo with a copy of The Spectrum, Hazelwood East High School’s student newspaper. Photo courtesy of University of Missouri, Kansas City

Morse v. Frederick (2002) Joseph Frederick’s sign “Bong Hits 4 Jesus” sits on display at the Newseum in Washington, D.C. Photo by Melissa Falkowski

language or gestures.”

As an additional punishment, the school removed Fraser from the graduation-speaker list.

Fraser sued the school for impeding his First Amendment rights.

The case was appealed to the United States Supreme Court.

In 1986, the court ruled in a 7-2 decision, that the school did not violate Fraser’s First Amendment rights.

The court determined that the

school had the power to prohibit the use of vulgar and offensive language.

What Happened: In 1988, student journalists from The Spectrum, at Hazelwood East High School in St. Louis, Missouri, wrote about their peers’ experiences with teen pregnancy and the impact of divorce. The principal ordered the pages to be removed from the school newspaper, claiming the content was inappropriate for young students.

The student journalists claimed the school had violated

their First Amendment rights.

The U.S. District Court for the Eastern District of Missouri ruled against the students.

The case was ultimately appealed to the U.S. Supreme Court. In a 5-3 ruling, the court concluded that the principal did not violate the students’ rights because the paper was sponsored by the school and was not a public forum, but a limited forum, only for journalism students.

What it Means: The Hazelwood School District v.

Kuhlmeier case set a precedent that allows school administrators to prior review stories and exercise editorial control over the content if their actions are “reasonably related to legitimate pedagogical concerns.” Fourteen states have since enacted legislation called “New Voices” to protect student journalists and their advisers from administrative censorship.

What Happened: In 2002, the Olympic Torch Relay was scheduled to pass through Juneau, Alaska. The school administration from Juneau-Douglas High School set up a school-sponsored event for students to view the torch as it passed by the school.

During the event, Joseph Frederick held up a sign that said “Bong Hits 4 Jesus.” Principal Deborah Morse confiscated the sign and suspended Frederick for

10 days.

Frederick sued the principal for violating his First Amendment rights. The U.S. District Court of Alaska ruled in favor of the principal. The U.S. Court of Appeals for the Ninth District reversed the lower court decision, finding in favor of Frederick. Morse ultimately appealed the case to the U.S. Supreme Court.

In a 5-4 ruling, the Supreme Court ruled in favor of the

principal, deciding that school officials can prohibit students from displaying messages that promote illegal drug use.

No more oppression of our ideas.

Joseph Halleran, 12 Hailey Jacobsen, 09 Marjory Stoneman Douglas High School Marjory Stoneman Douglas High School

Say what you want to say.

Students throughout history fight for their First Amendment rights in court

What Happened: In 1983, student Matthew Fraser used a sexual metaphor to nominate a fellow student for a student government position in a speech at an assembly of 600 high school students.

Bethel Senior High School suspended Fraser for two days, citing their disciplinary code that prohibited conduct which “substantially interferes with the educational process . . . including the use of obscene, profane

“ ” “ ” “ ” “ ” Not being censored by the government.

Design by Dara Rosen

Right to say whatever you want.

Kayla Renert, 11 Alex Azar, 11 Marjory Stoneman Douglas High School Marjory Stoneman Douglas High School

“ ” “ ” The freedom to express your beliefs.

Cody Van Etten, 10 Marjory Stoneman Douglas High School

To be able to speak out.

Zoey Fox-Snider, 11 Marjory Stoneman Douglas High School

What it Means: This case put restraints on student speech in school, concluding that schools are allowed to prohibit what it deems to be vulgar and lewd speech, since such speech is considered inconsistent with the “fundamental values of public school education.”

What it Means: Students may not display messages that promote illegal drug use. However, the court reaffirmed students’ right to comment on political issues of the day. Had the sign said, “Legalize Marijuana,” Frederick’s speech would have been protected.

“ ” “ ” The ability to speak your mind.

Gianmarco Herrera, 12 Marjory Stoneman Douglas High School

Speaking up for what is right.

Nikki Scotto, 11 Marjory Stoneman Douglas High School

News • First Amendment Landmark Cases 13

Q &A

Zachary Wood

Z

achary Wood is an advocate for what he calls “uncomfortable learning.” While an undergraduate at Williams College, he created and led a group by the same name, encouraging students to engage in civil discourse and to converse with those they disagree with on hard topics by inviting controversial speakers to campus.

Since then, he’s urged for uncomfortable learning in his book, Uncensored, in his Ted Talk, and in his articles in the The Wall Street Journal, The Washington Post, SLAM Magazine and the Huffington Post.

On Feb. 23, 2019, he addressed students at Drake University, discussing his life experiences that led him to his philosophy of uncomfortable learning and the necessity of disagreement.

What do you feel is the importance of dissenting opinion and minority opinion, especially to free speech?

I think that in a fundamental sense it’s a pillar of our democracy being able to enable the set. And part of the reason why I believe in free speech and defend it is because whatever the minority opinion is, can change with history and time.

Within weeks and months, that opinion can change. What I mean by that is that it depends upon the room you’re in, the setting you’re in, what that opinion may be. In certain settings, the opinions I hold might be the minority view. In other settings, minority view might be the position of someone who supports Donald Trump, and so part of the reason why I believe in defending free speech and advocating for viewpoint diversity is because in a democratic society, I never want the minority opinions to be silenced because you never know what they might end up being. Intellectually, there could be other reasons; I think... that people want to be engaged in public life or to be engaged in any issue area that really matters.

There is a sense in which somewhere along the way you’re going to engage with somebody you disagree with, and I just want people to be prepared for that. I want my peers to be prepared for it. I don’t want them to feel like, if they’re in a room with

The Eagle Eye staff interviews uncomfortable learning advocate, Zachary Wood, on his views about the importance of listening to dissent

a group of people and two people in that room happen to say something offensive or insensitive, the only thing that they can do is remove themselves or not participate or not contribute. So, in some sense, I saw uncomfortable learning as this effort that would better prepare and equip students to go out into the world, to defend their beliefs, to articulate differences of opinion, and hopefully, somewhere down the line, to find common ground with those who may disagree.

What do you think is the greatest obstacle and the greatest thing in the way of free speech today that you’ve encountered?

I think the greatest threat, and you could say it’s social media, but that’s not a thing or person. I think it is the effort made by some empowered to deliberately try to reinforce divisions. I think particularly of Donald Trump. I cannot think of anything that he’s said since he’s been elected that I understood to be genuinely an effort to unite people. He plays on fear; he plays anxieties; he plays on fears that people have about social change, and I think part of the reason why he got elected was because there was this fear of destabilizing social change.

What I mean by that is the first black president and then the first woman president. There were a lot of people who were not ready for that. And when you play on those fears and anxieties, it can be very easy to galvanize and mobilize people around this “strong man” mentality that he brings. Everything will be fixed by me.

I will do it all. You don’t even need the government. I’ll drain the swamp. It’s all I and not we. When does he say we? So me, me, me, me, me. That could be comforting when people are afraid of certain changes.

That is what I really see as the biggest threat right now.

It’s funny that you should say that. I take AP Government right now. We were just watching a documentary created when Barack Obama, during the Iowa caucus, was getting elected for the first time. It was Hillary and Barack. And they were going around all these different

14 Feature • Listening to Dissent–Zachary Woods

we should decide who can speak based on what they have to say because then once the authority changes you don’t know what’s going to be silenced. At the same time, no, those aren’t the views that I would ideally like to have a megaphone.

The issue is there’s almost no way, within the framework of a democracy, to say you, you, and you. You see what I mean with nomegaphones. And so because of that, I think we have to try to find a way to resist or to try to find a way Absolutely. I also remember similar to respond. You have to try to find a way to that, except for someone with a very to engage and sometimes I think the best different position. After Obama got elected, Mitch McConnell, Senate Majority way to resist and to combat something Leader, one of the very first things he says is to not initially be combative. That can in a public statement was our number one entail a variety of things depending upon the position that someone is in, whether goal is to make sure that Barack Obama they are a politician or an activist or a is a one-term president. When that is journalist or a writer or a poet. So I think what the opposition party says, not our we have to think creatively about those number one goal is to try to find a way to work with you, or to work together on avenues and channels for pushing back. the things we agree upon, but we want to make sure you’re a one-term president, Because you talked about how your well it’s very clear that there are people background kind of affected the ways in in powerful places that want to reinforce which that you now, today, look at things, divisions. what advice would you give to somebody else in maybe not necessarily a similar Each of those statements creates more situation as you, but somebody who has of a crack in the ground and strengthens it grown up feeling disillusioned about the or widens it. divisions in society and wants to possibly engage with other people but doesn’t Because these people, they are really know how. megaphones. You know millions of Americans listen and it’s a political Start small. Uncomfortable learning is problem, but it’s also a cultural problem one way, one of many, and that I’m like an as well, and so I see those forces that are enthusiastic pluralist. I believe that there fostering and strengthening divisions are always many ways to achieve change. to be the ones that we should be most There are many ways to impact others. concerned about.

There are many ways to make a positive difference. Doing what I just did is just one of many ways. I think that there’s Do you think that it’s a good thing, something you gain individually that because I do think that politics is so very ingrained, especially today in our culture, might be of value to the community you’re Do you think that that’s a good thing that a part of in just listening to a different podcast or reading a different newspaper those people have those megaphones or in some part, just like I started a and when we listen to these very usually highly educated people and what they say conversation at the airport with the older gentleman who is a Trump supporter. and then we base our opinions and the way that we interact with people on what Those are some things–I learned a lot from that conversation. they say, is that a good thing or is that a Just thinking about the little things bad thing for society? we can do to be a bit more open, sharing I think it is good to have channels open those experiences, especially the positive ones with others, thinking about what for a variety of views, and I don’t think places, which is also interesting because we are in Iowa. Some of the people that were there obviously they were white and they were somewhere in Iowa and they were saying, “I don’t think we’re ready for a black president and like all these things,” and when you said that, it reminded me of that. They were like “Well, I don’t think we’re ready for that, which I just thought was really interesting.

Design by Rebecca Schneid

worked. If we can start to do those things individually, I think it opens up more opportunities for what we might do collectively, what we might be able to do together.

What is your ideal one, say everything that you want to happen in the next 10 years? Where do you see our culture is now, are you pessimistic or optimistic about that happening?

So first I’ll give you the realist take and then I’ll do the ideal. Realistically, I just hope that Democrats can get behind, can unify behind, a candidate who has strong values, who has skin in the game, who feels confident in their ability to take on someone like Trump, who’s constantly offensive, constantly aggressive. He’s a certain type of figure. There are not many figures like him. You need someone who doesn’t just have views that will strengthen America, but also is able to engage with him on his terms.

d n a h c e e p s e e r f g in d efen d in e v e li e b I y h w n ic t a r c o m Part of the reaso e d a in e s u a bec is y it s r e iv d t in o p w d e c n e il s e b o advocating for vie t s n inio p o y it r o in m e h t t n a . .. g in e society, I never w b p u d n e t h mig y e h t t a h w w o n k r e v because you ne

“

haven’t seen under this administration.

Maybe there’s been job growth at the top; maybe there’s been job growth for the upper middle; maybe the stock market is booming. But in the community that I come from, they don’t have stocks or investments, I want to see job growth there that impacts their lives. I would like to see more job training programs. I would like to see public schools that are better funded, resources and money that is better allocated, enrichment programs, community schools, right, a lot of opportunities that you’re already familiar We were talking about this in AP with, but that are often earmarked for the Government also–the need for Obama kind middle and upper middle class, to be well of numbers and some other candidates targeted. brought those kinds of numbers, but we I’d like to see education tax credits. need that kind of character, that kind of a I would like to see student loans be person with a personality. interest free. I would like to see students who already have many loans be able to I think that’s important, and so refinance those loans, to consolidate those realistically, I’d like to see that person loans. I would like to see assistive Pell succeed and undo some of the damage Grants. These are all things, this is, Obama that he’s done, and if they’re fortunate was doing the best he could; he didn’t enough to get two terms, to undo some of exactly have a Congress that wanted to the damage, and really, I’m being realistic work with, but if we could, in 10 years, be here, put us back where we were at the two steps further along in terms of where end of Obama’s presidency, maybe a bit Obama hoped to get to, I think that would beyond that. be great.

Where do you think that is?

I think that means that the job growth we have spans across more sectors.

That we see job growth in low income communities, which is something we

about how polarized we are, about how the media enforces bias, I hope that the rules of the road change, but obviously they’re not going to change drastically, but I hope that they change a bit, that journalists feel more of a burden to prove, to demonstrated, to use facts and not just to say things like Obama was wiretapping Trump or when he was born in Kenya. I think that in a better America things like that don’t get printed in major papers just because, where are the facts? You know what I mean? That the credibility of our institutions strengthens, that’s what I hope to see. That’s the realistic picture.

The most media consumption ever in America is happening right now, but it’s the least trust in the media that there’s ever been, which is a bad thing.

And I hope that changes. Now in an idealistic world, if I’m not thinking about what’s actually possible, in an idealistic world 10 years from now, either we have had or do have a woman in office who is passionate about pursuing initiatives and policies that address gender inequality, is effective in doing so, and is able to make progress.

Ten years is two terms out from In terms of divisions in society, where where we are now. You can’t get a ton done because progress is slow in do you hope to be with that as well?

Washington, but important steps taken I hope that our media does a better job in that direction and to have enough of a majority in Congress to work in terms of in 10 years. I hope that all of the studies moving those things forward, in terms of we’ve seen about how divided we are,

”

how the country looks. I hope that more broadly speaking, we’re more welcoming and ready and willing and enthusiastic about embracing not just diversity, but, inclusion. And just that we practice common decency. I hope that we can get back to you know where we were, this was more under Bill Clinton, but 3.8 to 4% unemployment. Now, unemployment’s far higher than that. If we can get down to 3% that would be fantastic, that’s possible.

We’re so close. The things that we need to do are affordable. They’re achievable.

They can be sustainable but the thing is, it’s my camp versus your camp. You know? Everything is a battle. One side has to win; one side has to lose. I hope that we can get back there.

I hope that our education system is stronger. I hope that we’re able to spread ideas and values of democracy around the world without forcing them on and on people, right? I hope that we feel the need to not have our military just occupy spaces so that we have a dominant foothold in the region. I hope we’re less dependent on oil, and hopefully, that we’re investing more in ethanol and wind and solar energy and finding ways to create a greater future. That’s where I hope we are. That’s in an ideal world where I think we could be.

Do I think we could get there?

Unfortunately, so much would have to go right that I’m doubtful of our ability to muster up all of it. Interview by Rebecca Schneid; portrait by Dara Rosen

Feature • Listening to Dissent–Zachary Woods 15

Raising our Voices

Student-led, grassroots movement called New Voices works towards better press rights for student journalists and their advisers

E

ver since the 1988 Hazelwood School District v. Kuhlmeier Supreme Court decision, student journalists have been fighting censorship from their schools, administrators and school districts. The Hazelwood decision greatly diminished free speech and free press rights for student journalists, as it stated that schools were not required under the First Amendment to allow certain types of student speech, including speech that was “inconsistent with the shared values of a civilized social order.”

As a result, student journalists have very little protections from school censorship. From Vermont students censored due to writing investigative pieces on a school employee facing unprofessional conduct charges to Harsonville High School’s censored story on the resignation of the school district’s superintendent, the conflict between prior restraint and free press in schools has affected student journalists around the country.

To combat this, certain legislation has been passed in some states in order to protect free speech and give students ammunition in their fight for rights, most notably: The New Voices Act. “Students are people too. Students should have rights under the constitution...but unfortunately when we look at the last 30 years after the Hazelwood case, we see some major issues,” New Voices lobbyist Steve Listopad said. “We are teaching something called journalism, but when the principal or superintendent or school board can say ‘No, you don’t get to report that story,’ that’s not really journalism.”

The New Voices Act, legislation protecting student journalists, has passed in 14 states and currently being

introduced in many more. It is designed in three parts: restoration, protection and expansion.

First, the act looks to restore the standard of expression set in the Tinker vs. Des Moines court case (1969), which upholds the idea that student speech should be protected unless it is libelous or dangerous, specifically in public high schools. Second, it aims to protect college student journalists from abuse by school administration in the interpretation of the Hazelwood case. Finally, it hopes to extend these rights to private education institutions.

“The last couple of years we’ve had this conversation about fake news and propaganda….and I think we are having it because we’ve taught to students for so long the wrong idea of journalism– we’ve taught them to take no for an answer. We’ve taught them that when the adults say ‘no, that’s the end of the conversation,” and we’ve created this ugly thing in the process,” Listopad said.

The New Voices legislation was named after the John Wall New Voices Act of North Dakota, which passed unanimously in 2013 in North Dakota’s state legislature, and stated that “a student journalist has the right to exercise freedom of speech and of the press in school-sponsored media, regardless of whether the media is

supported financially by the institution.”

It also protected journalism advisers from administrative punishment based on their publication, stating that “a student media adviser may not be dismissed, suspended or disciplined for acting to protect a student journalist engaged in a protected activity.”

Listopad has been involved in the push for the New Voices Act since its adoption in North Dakota; his students actually wrote the bill. As a student media adviser at the North Dakota University of Jamestown, he witnessed a circuit court decision that expanded the Hazelwood decision to colleges, thus extending the rights of college administrators to control school press. His and his students’ response was out of fear for the destruction of their rights.

“I had to tell my students in my program that they pretty much had no freedom of the press rights,” Listopad said.

“So, I started working with my students, and they were extremely interested in the Tinker case, the Hazelwood case and the California Leonard law, and they acted.”

Today there are campaigns in Texas, Hawaii, New York, New Jersey and seven other states, spearheaded by the Student Press Law Center and journalism students throughout each state. Story by Rebecca Schneid

e h t n e h w t u b , m s li na r u jo d e ll a c g in h t e m n’t o d u o y , o We are teaching so ‘N y a s n a c rd a o b l o o h c s r o t n e d n e principal or superint ,’ that’s not really journalism. ry o t s t a h t t r o p e r o t t e g

“

not Alone

70+T 3310+ +T T

Students and advisers face censorship

70%

33%

of censorship demands are directed at materials in school classrooms or libraries

of journalism students and advisers nationwide report administrative censorship

10%

of advisers said there position had been threatened by school officials based on content decisions

Sources: Student Press Law Center, Journalism Education Association and National Coalition Against Censorship

16 News • New Voices

”

Mapping Progress 14 U.S. states adopt New Voices legislation States with New Voices legislation States without New Voices legislation

Design by Dara Rosen

Speak Up. Bethany Bissell, a senior at Akins High School in Austin, Texas speaks to the House Public Education Committee about HB 2244 while wearing a black armband in reference to the Tinker v. Des Moines landmark Supreme Court case on free speech. Bissell was there to show an example of a student who excersices free press rights in the fight to get New Voices legislation passed in Texas. Photo courtesy of Angela Glass

Plan and Demand. The night before Student Press Advocacy Day, at the New York State Capitol, student organizers at Corning-Painted Post High School hold a video teleconference to discuss the next day’s plans and talking points with advocates from across the state.

Photo courtesy of Michael Simons

Students Speak Out. Student advocates Lauren Thomas and Alyssa Nepumeceno participate in an interview with Albany NPR reporter Susan Arbetter, host of the Capitol Pressroom. Photo courtesy of Michael Simons

Don’t Mess With Texas. Student journalists in Texas attend the HB 2244 hearing in front of the House Public Education Committee. Photo courtesy of Angela Glass

News • New Voices 17

I Write. Texas student journalists Neha Madhira and Haley Stack explain how they use their free speech rights at the State Historical Society of Iowa. Photo by Raquel

Alvarado

o t e v a h e w t a h t d n rsta e d n u t n e d u t s y r e v e sible n o It’s important that p s e r e b o t g in o g e’re W . s t h ig r ’ s t n e d u t s , e d a u s r e p o t stand up for all e it r w o n, wh io t a m r o f in e id v o r p o t e v a h e citizens who w o S . m r o inf o t e it r w o h w , in a t r e who write to ent . y a w a n e k a t e b n a ts c h ig r e s e h t t a h t d n a t unders

“ A Bill on Capitol Hill. Forty student activists, journalists and New Voices advocates pose in front of the state capitol building in Austin, Texas to show their support of HB2244. HB2244 is the New Voices legislation being proposed in Texas. Photo courtesy Neha Madhira

18 Feature • Texas Student Journalists

”

Design by Brianna Fisher

Trouble in

Texas

Student journalists from Prosper High School step up in fight against censorship

A

fter their school’s publication was censored by their principal, senior Neha Madhira and junior Haley Stack of Prosper High School, alongside their former journalism adviser, Lori Oglesbee-Petter, are fighting and advocating for freedom of speech and press.

Eagle Nation Online, where Madhira is currently the editor-in-chief and Stack is an associate editor, had three incidents of censorship during the 2017-2018 school year.

In the 1969 Supreme Court Case Tinker v. Des Moines, it was decided that students’ constitutional rights extend to the school and cannot be violated unless it causes a disruption. This changed however in 1988, when student journalists from Hazelwood East High School in St. Louis Missouri, felt that their First Amendment rights were being violated after their school’s principal censored their stories on teen pregnancy and the impact of divorce.

Ultimately, in a 5-3 ruling, the Supreme Court concluded that the principal’s actions did not violate the students First Amendment rights put limits on the rights of student journalists.

Today though, students like Madhira and Stack are petitioning for their First Amendment rights, particularly, their freedom of the press.

The first act of censorship for the Eagle Nation Online occurred when the publication’s copy editor wrote a news story about a senior movie day tradition being canceled. When she went to go interview the school’s principal, he felt that the news story cast the school in a negative light. He then sent the schools associate principal to Oglesbee-Petter’s classroom to have her take down the story.

However, Oglesbee-Peter refused, so the assistant principal did it instead.

The second incident of censorship occurred when Stack wrote an editorial about the banning of a book entitled, “A Separate Peace” by John Knowles from the South Korean curriculum reading list. This was because the book, allegedly, had homosexual undertones. Stack wrote an editorial explaining why it was inappropriate to ban the book.

Stack had tried to get interviews with teachers, but they were told they could not talk about the issue. She then tried to get an interview with the principal, but he gave no comment. The principal’s reason for removing the editorial alledged that it was filled with grammatical errors.

However, the only grammatical errors found afterward were a double period and a missing apostrophe.

Eagle Nation Online is a digital website, so the staff can easily fix grammatical errors. However, the principal still would not let the staff run the editorial, so they

surmised that the grammatical errors were not the only reason for its removal.

“I was pretty infuriated. I immediately felt the need to find him and ask him why,” Stack said. “So, I had a conversation with our principal about why he was taking my story down and he had a very condescending tone, as if I was smaller.

The conversation didn’t get very far.

All he told me was about the fact that it was inaccurate because I’m using the word banned and not removed and the grammatical errors as he claimed.”

Just a few months after this, the students were informed that their adviser, Oglesbee-Petter, would not have her contract renewed. Without an adviser, the newspaper publication would either have to turn into a club or completely be removed as a class.

“I thought that I was bulletproof,” Oglesbee-Petter said. “Our rights can be taken away very easily, no matter how protected you feel. And that’s why whenever something like this happens, it awakens us.”

Oglesbee-Petter, a journalism teacher with 35 years of experience, helped guide the publication to win 175 state and national journalism awards in one year alone.

“It’s important that every student understand that we have to stand up for all students rights,” Oglesbee-Petter said.

“We’re going to be responsible citizens who provide information, who write to persuade, who write to entertain who write to inform. So we have to understand that these rights can be taken away.”

Madhira and Stack put together a letter to be sent to the superintendent and to every single member of their school board to address these censorship issues.

However, they received no response.

Madhira and Stack knew that they had to take control of the situation. They contacted the Student Press Law Center and started to receive legal advice from them.

“The Student Press Law Center told us that we can either file a lawsuit or write a press release, which is what several other schools do when they’re censored, just have something to get out and give it to their local papers,” Madhira said. “So we got a press release with the SPLC and a JEA member and local papers. Six or seven of them, either wouldn’t pick it up because they didn’t run press releases, or they didn’t want to. And so then after the SPLC printed it, they all started to kind of come in.”

The Student Press Law Center is an organization that helps protect the freedom of the press for student journalists at both high school and university newspapers.

However, things got worse. Right

after Stack’s editorial was censored, the principal began prior reviewing all the publication’s stories. They would have to print a copy of every single story, show it to principal, and make the deemed corrections before posting the stories.

This was a dilemma for the publication, because they publish every single day.

Along with this, the principal also banned all editorials from being published.

“A principal would never consider asking the football coach to send all the plays to him to approve them before the team played on Friday night, but they’ll ask the journalism teacher to send all their work to him for prior review,” OglesbeePeter said.

Then in April 2018, the publication released a story about National Walkout Day. Madhira had written an editorial about a team bonding activity that the school hosted that did not go as planned. The principal contradicted these statements in a mass parent call by saying that the walkout did go well. Madhira had taken it upon herself to explain what had actually happened, and solutions that could have been implemented to prevent it from happening.

“I think that’s when we all realized that we really had to do something or we were going to lose our paper,” Madhira said. “After the third censorship, it was made very clear that he didn’t want us to exercise our [First Amendment] rights properly. That’s kind of when we started delving into press rights law and all of that.”

At first, the pair thought that because of Hazelwood v. Kuhlmeier, which made it easier for principals to remove certain articles from publications under certain circumstances, that it was acceptable for their principal to censor their publication.

However, Hazelwood established a criteria that says administrators must prove that there is valid educational concern.

Then they became aware of New Voices, which is a project supported by the Student Press Law Center in their campaign to empower student journalists to #CureHazelwood.

“It’s a student protection piece of legislation. We are also trying to get adviser protection put into it,” Stack said.

“It basically protects students with their first amendment rights to where schools aren’t allowed to censor students and tell them they can’t publish certain things with prior review.”

New Voices protects students from administrative censorship for states that pass it. It has already been passed in 14 states and the pair are currently working on getting it passed in Texas. “[Senator Rodriguez] was actually the one who sponsored the last bill in 2016 because Texas meets every two years,

unlike most other states that meet every single year. And then we just actually received a sponsor from the representative side, which is awesome,” Madhira said.

“But we’re turning the adviser protection clause in our bill to the anti-retaliation clause, because Texas is an at-will state, we’re trying to make it more palatable for legislators, but it’s just a bunch of things with working on language with legislators trying to get a hearing after Lobby Day, facilitating meetings with people from the education committee and all that.”

Madhira and Stack have gained an outpouring of support and praise for their work. They won a freedom of the press award and participated in a Ted Talk and the ISSUU Generator Summit. The pair have also received praise from student journalists, advisers and sometimes even from former administrators. But lack in their own recognition in their own school and community. Madhira and Stack have experienced negative backlash from the community as a result of them resisting schools’ administration.

“If you were on the sports teams that made it to states, you’re getting pep rallies and parades, but when it’s journalism, everything they’ve done to fight for all this has been ignored. There have been no mention of their many achievements,” Oglesbee-Petter said.

However, both Madhira and Stack agree that this is not the end of their fight to advocate for student free speech and press.

“I plan on staying in Texas for legislation, just in case it doesn’t pass this session, and even if it does pass in Texas there’s 36 other states that don’t have it,” Madhira said. “So I know that we’ve been talking with a ton of other advocates that we’re friends within different states and trying to do something that’s more national so I don’t want to get the lobbyists perspective from it, but it at least means it’s not really going to stop anytime soon.”

The bill, HB2244, passed the House Public Education Committee on April 9, 2019 with 12 votes. The bill is now with a house committee that determines whether or not it can go on the house floor for a full vote. Around 40 high school journalists and advocates of the First Amendment went to the state capitol in support of the bill. The Texas State Senate Education Committee heard the same bill, SB514, on April 26. The committee has not yet voted on whether or not to allow it to leave the committee.

“When you get a small group of people to kind of fight for something it just gets bigger and bigger,” Madhira said. “All the opportunities that we’ve been given, just helps us keep moving forward.” Story by Leni Steinhardt

Feature • Texas Student Journalists 19

Design by Dara Rosen; photo illustration by Darian Williams

Fight for your

Students hold the same First Amendment rights as all other U.S. citizens

Rights

because students are afraid of retribution if they speak up for themselves.

Freedom of speech is unquestionably the most important right a U.S. citizen holds. This gives all citizens the opportunity to criticize and give their opinions without being censored or oppressed. This right, however, does not end in the classroom. In fact, it is imperative that free speech is developed and nurtured within the learning environment. Students need to be taught to think freely and express their views without fear of punishment.

There are some cases in which students have been punished for speaking out, according to the American Civil Liberties Union. It is crucial that events like this don’t go unnoticed and that students fight back in an effort to reemphasize the rights that are guaranteed to them by the Constitution.

Oftentimes, student journalists bear the brunt of these free speech restrictions, with school administration Des Moines, it may be easy to assume n the majority ruling of the 1969 able to censor pieces, from news stories that free speech in the United States of Supreme Court Case, Tinker v. Des America is impenetrable today. However, to editorials. Freedom of speech and Moines, Justice Abe Fortas wrote schools in the U.S. continue to infringe on freedom of the press go hand in hand, that “It can hardly be argued that even more so in school environments student’s rights, treating them as if they either students or teachers shed their because student journalists should are not citizens. Through monumental constitutional rights to freedom of have the ability to report without being speech or expression at the schoolhouse cases, the Supreme Court has reiterated censored or fearing repercussions. time and again that freedom of speech gate.”

Every state should pass New Voices is not to be violated unless it directly Students in United States public legislation to protect student journalists infringes upon the legal rights of others schools, both on and off campus, are from being censored. or it significantly disrupts or has the entitled to their constitutional rights of According to the ACLU’s website, the First Amendment: freedom of speech, potential to disrupt the tranquility of the “Schools are meant to teach the freedom of the press, freedom of religion, public school’s atmosphere.

These limitations to students are often constitution–and follow it. That means freedom of assembly and the right to taken advantage of by school districts and respecting equality and freedom of petition. speech. And when students speak out frequently go unnoticed by the public Through the legacy of Tinker v.

I

Fighting Censorship

on political issues of the day, it should lead to engagement, not wrongheaded punishment.”

The rights of students must be parallel to the rights of all other U.S. citizens in order to maintain a functioning democratic society. It is vital that students be able to think and express themselves without limitation. Students need to be made aware of the rights that they have in the event that these rights are challenged.

According to the American Constitution Society, “Now is the time to make sure our students understand and appreciate the rights and responsibilities afforded by the constitution.”

Student-led movements, such as March for Our Lives and Black Lives Matter, would never have been created if it had not been for the right of free speech. The organizers of these movements were students who embraced their power to use their voice and exercise their rights. If students are not taught how to properly utilize their rights, then the democracy that we cherish today would not exist.

Schools can be viewed as a microcosm of society, where people speak out and express their views openly. It is a school’s job to prepare students to be ready for their adult lives in society. If schools limit the freedom of speech or expression of students, they would be teaching them to be silent instead of preparing them to speak up for what is right. They would be teaching them to conform instead of teaching them to formulate their own ideas and opinions. Editorial by Dara Rosen

Organizations help student journalists fight censorship

Student Press Law Center

American Civil Liberties UNION

Reporters Committee

National Youth Rights Association

Society of Professional Journalists

National Coalition Against Censorship

The SPLC works to promote, support and defend students’ First Amendment rights, specifically press rights for student journalists and advisers. For legal help, visit their website, https://splc.org

The RCFP provides free legal services and resources for journalists dealing with First Amendment rights infringements. For legal help, visit their website, https://www.rcfp. org

The SPJ practices ethical journalistic behaviors and fights to protect the freedom of the press. For more information, visit their website, https://www.spj.org

20 Editorial • Student Free Speech Rights

The ACLU works to defend and preserve the rights and liberties that are guaranteed by the Constitution and the laws of the United States. For legal help, visit their website, https://www.aclu.org

The NYRA provides informative news about cases involving First Amendment rights and strategies for reinforcing youths rights.

For more information, visit their website, https://www.youthrights.org

The NCAC works towards opposing censorship in schools and libraries, they take on new cases of censorship to fight daily. For more information or to report censorship, visit their website, https://ncac.org

Design by Dara Rosen

Our Stories to Tell

MSD students write books, ‘We Say #Never Again’ and ‘Parkland Speaks’ Book Signings. The Eagle Eye newspaper adviser Melissa Falkowski and Aerie yearbook adviser Sarah Lerner sign the books they edited and contributed to, “We Say #NeverAgain” and “Parkland Speaks” while in Des Moines, Iowa.

Photo by Dara Rosen

Young Voices, Big Change Director, cinematographer and producer Maribeth Romslo discusses why she started the documentary project, ‘Young Voices, Big Change’

W

hen I saw Mrs. Falkowski on CNN on Feb. 14, 2018, what she said made a deep impact on me.

She told Anderson Cooper about keeping 19 students calm in the newspaper room closet, where they hid for hours until the SWAT team arrived.

She said that our country is failing our kids and not keeping them safe in schools.

I watched in tears and complete agreement. We shouldn’t have to worry that when we hug our kids before they get on the bus each morning, that something so horrific could happen during their school day. Or at the mall. Or at a movie theater. Or at yoga class.

Our hearts simply cannot continue to break like this.

In the days following the shooting, I continued to watch coverage of the Parkland students who were speaking up and calling for change.

In a world that tells kids to sit down and be quiet, the students of Parkland were just getting started. Emma Gonzalez declared BS. #NeverAgain quickly became a top Twitter trend. Four days after the shooting, March for Our Lives was announced.

I read an article in WBUR about how

Christy Ma and Nikhita Nookala covered the vigil, which led me to their article on the Eagle Eye News website. I remember spending over an hour on the site reading excellent stories from before the shooting about important topics for teens today, such as vaping and rape culture.

I am a filmmaker who studied journalism in college. Seventeen years ago, I lost my cousin to gun violence.

I worry about a school shooting at the elementary school where my kids go to school. And I deeply believe in empowering young people.

So while I live in Minnesota, halfway across the country from Parkland, this story felt close to home. I emailed Mrs. Falkowski saying I would be interested in making a film about the power of young people using their voices.

We connected on the phone and a month later I met up with Mrs. Falkowski and some of the Eagle Eye staff members in Washington, D.C. to film their coverage of March for Our Lives.

There, I also met Mary Beth Tinker, a student free speech advocate and one of the main plaintiffs in the landmark Supreme Court case Tinker v. Des Moines which states that students and teachers do not “shed their constitutional rights to freedom of speech or expression at the

Recording History. Independent filmmaker Maribeth Romslo follows Mary Beth Tinker and the student journalists from Marjory Stoneman Douglas High School through their journey in Iowa on the 50th anniversary of the Supreme Court ruling, Tinker v. Des Moines. Photo by Dara Rosen

schoolhouse gate.”

As I corresponded with Ms. Tinker in the following months, I learned she was planning events to celebrate the 50th anniversary of the Supreme Court decision in Des Moines, Iowa on Feb. 24, 2019. (Story serendipity bonus: My name is also Maribeth, and I also grew up in Des Moines). I knew that the Tinker anniversary could be an amazing opportunity to bring the past and present of student free speech together in the film.

Thank you to those who braved the Iowa cold weather to attend and cover the Tinker anniversary events! And thank

The Tinker Team

E

ight student journalists from The Eagle Eye and Aerie, Marjory Stoneman Douglas High School’s newspaper and yearbook staffs, went to Des Moines, Iowa from Feb. 21-25, 2019 to celebrate the 50th anniversary of the landmark Tinker v. Des Moines Supreme Court ruling about free speech.

While in Iowa, the student journalists were reporting as the “Tinker Team.” The Tinker Team spent time at the State Historical Society of Iowa where they listened to speakers such as Supreme Court Justice

you to everyone from Marjory Stoneman Douglas who has shared their story with me. You are incredible journalists and the work you are doing is important and impactful. It has truly been an honor getting to know each of you.

My documentary, “Young Voices, Big Change,” connects the student journalists of Marjory Stoneman Douglas to a broader story about the power of young voices throughout movements and history. The project is currently in postproduction. I plan to finish the film this summer and submit it for consideration in 2020 film festivals. Guest editorial by Maribeth Romslo

Student journalists from Marjory Stoneman Douglas High School travel to Iowa

Appel and Mary Beth and John Tinker. The students also went to the State Historical Society of Iowa Research Center, where they reviewed historical records about the Tinker case. The student journalists also visited Drake University and Mary Beth Tinker’s old middle school, Warren Harding Junior High School and walked the hallways of the place where the famous protest took place. Students participated in several podcasts and interviews while in Iowa, and MSD in Iowa. MSD student journalists play in the Tinker Time. MSD student journalists study the they were filmed throughout the trip for a snow in Des Moines, Iowa. Photo by Melissa Tinker v. Des Moines case at the State Historical Falkowski Society of Iowa. Photo by Dara Rosen documentary on free speech.

News • The Tinker Team

21