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Court Upholds Firing for ‘Content’

A federal judge has dismissed a journalism professor’s lawsuit charging that administrators at Kansas State University fired him as adviser of the Kansas State Collegian because they were unhappy with the student newspaper’s content.

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The newspaper’s adviser, Ron Johnson, had drawn significant support in news media circles and among some critics of political correctness in academe because he was dismissed in May 2004 in the wake of protests on the Kansas State campus over the newspaper’s perceived lack of coverage of diversity issues.

The lawsuit filed by Johnson and two former student editors charged that the two Kansas State administrators who decided not to renew the adviser’s contract had violated his, and the editors’, constitutional rights.

But in her ruling in the case this month, U.S. District Court Judge Julie A. Robinson rejected that claim. While Kansas State officials did cite the Collegian’s “content” in justifying their decision, Robinson concluded, the review by Todd F. Simon, chairman of the board of Student Publications, Inc., “compared the total bylined items, the number of news stories, the number of feature stories, the percentage of campus stories, the number of sources per story, the number of sports stories, the number of bylined opinion items, and the number of diversity items in six campus newspapers comparable to the Collegian.

“The content analysis performed by Simon,” Robinson wrote, “thus had nothing to do with the particular stories appearing in the Collegian. Rather, the analysis reflected that the overall quality of the Collegian was far inferior to comparable campus papers.”

Without proof that Johnson was removed because of what stories did or did not appear in the Collegian, the judge said, the students cannot claim that “their First Amendment rights to freedom of the press were implicated.” The judge also ruled that Johnson himself had no standing to bring a First Amendment claim against Kansas State because he does not control the content of the student newspaper.

A lawyer for Kansas State, Cheryl Strecker, said the court’s ruling “vindicates the university, the administrators and the process.” She added: “The university did not take any action to censor the content of the Collegian or to control anyone’s freedom of expression.”

Johnson, who remains an assistant journalism professor at Kansas State, said he was “disappointed” by the judge’s decision, which he said “neglected the chilling effect” that the administration’s move against him could have on student journalists at Kansas State and elsewhere. Johnson said that he and the former student editors were reviewing their legal options.

Mike Hiestand, a lawyer and legal consultant to the Student Press Law Center, said in a news release by the center that the ruling sets a dangerous First Amendment precedent.

“We are not aware of — and the court certainly doesn’t cite — any other case where a judge has ever bought into this concocted distinction between a newspaper’s quality and its content,” Hiestand said. “This ruling really lowers the First Amendment bar in a way that I think is going to shock — and absolutely should shock — a lot of people.”

Doug Lederman

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Comments

This So-Called Content Analysis

It’s not just the “critics of political correctness” who object to this obnoxious dismissal; everyone should. The university used diversity as a pathetic excuse for getting rid of a faculty adviser who wouldn’t control the student newspaper.

The so-called “content analysis” is absurd. Real content analysis is what journalists did when they gave the Collegian awards for excellence; merely counting bylines and stories is the antithesis of analysis, and no journalist or scholar would give it any credibility.

Kansas State may have prevailed in court, but it is still wrong and continues to deserve condemnation.

John K. Wilson, coordinator, Campus Journalism Project at Illinois State University, at 8:57 am EDT on June 14, 2005

Many years ago as publisher of a campus newspaper, I learned what most jounalism students (should) learn in JNL 101: It is the publisher not the editor(s) or the reporter(s) who have First Amendment rights.

George McLaughlin, at 3:49 pm EDT on June 14, 2005

Kow tow

Boy, talk about Catch-22: The judge ruled that Johnson had no standing to bring a First Amendment claim against Kansas State because he does not control the content of the student newspaper.

Ok, well, that means we can fire you for what the paper publishes, but you can’t defend yourself on the basis of content or, for that matter, in any way related to publication of the newspaper, because you have no standing. It’s not your job, but we can fire you for not doing it. Got that?

Then a lawyer for Kansas State said the court’s ruling vindicates the university, adding that it did not censor the content of the Collegian or seek to control anyone’s freedom of expression.Vindication? It does nothing of the sort, but we Amercians have come to expect of our advocates that they tell the Big Lie. The court’s ruling was technical, turning on the difference between the concepts of content and analysis and whether the plaintiff had standing. Vindication? Malarkey.

The university has, in fact, seized the Collegian from the grasp of its student editors and made its continued publication contingent upon its pleasing the powers that be. It has removed the paper’s best advocate from the scene to serve as a warning to all who would follow: You’re on the street if the paper doesn’t have the right stuff in it.

What a splendid exercise of press freedom in the academic environment of free inquiry guaranteed by our democratic republic. What an affirmation of the high constitutional principles of our favored land. What an opportunity for our students to learn democratic values that have made America a beacon in a world darkened by bigotry and totalitarianism.

Just when you thought the current spate of public hypocrisy and arrogance could get no worse, it does.

Ron George, Texas A&M University, at 9:04 pm EDT on June 14, 2005

I am tired of the criticism of Kansas State University from those who seemingly know little or nothing about this situation. I would like to point out that Ron Johnson has not been dismissed or fired, he has been reassigned. In addition, his First Amendment rights and those of The Collegian remain firmly intact. The criticism that Johnson was gotten rid of for not controlling the newspaper is absurd, the adviser has no control over the paper or the students who run it, they advise. Finally, if any of the critics of the university’s action had taken the time to check the facts they would find that this award-winning student newspaper wins awards for layout and design, not reporting and layout and design have nothing to do with content analysis. The Collegian has not been seized by anyone; it remains completely in the hands of the students. I am well aware this will not quiet the critics of the university’s actions; I can only hope it adds a little context. Richard Baker Associate Professor Department of CommunicationsKansas State University

Richard Baker, Associate Professor, News Director of the K-State Radio network at Kansas State University, at 4:26 pm EDT on June 15, 2005

An Absurd Court Decision

If anything, the school deserves much more criticism for this case.

For those folks who think the ruling makes sense because the school is simply acting as a publisher, consider this: the university is not the publisher. The publications board is the official publisher, and the members of that board opposed Johnson’s reassignment.

As far as the judge’s ruling, it simply spits in the face of students’ free-speech rights. The content analysis clearly focused on the newspaper’s content, including the number of stories about minority groups and the number that focused on campus issues, yet the school and the judge expect us to believe that Johnson’s reassignment was not based on the newspaper’s content. They argue that his removal had to do with the “quality” of the paper, but was it the quality of the ink? the distribution? the ad sales? No. It was the quality of the editorial content. How can this be anything but a First Amendment violation?

If you still buy the “quality” argument, consider how this would transfer to the news media off campus. Under the school’s logic, government would be allowed to take punitive action against someone connected to your city newspaper if the government officials thought the “quality” of the newspaper coverage was not up to par.

Yes, most, if not all, of the Collegian’s recent awards were for design and photography, but that does nothing to make the school’s actions and the judge’s ruling more logical.

Neil Ralston, assistant professor of journalism at Northwestern State University, at 4:27 am EDT on June 16, 2005

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