AGO 2007-024.
Case Date | November 01, 2007 |
Court | Connecticut |
Connecticut Attorney General Opinions
2007.
AGO 2007-024.
Attorney
General's Opinion
Attorney General, Richard Blumenthal2007-024November 1, 2007David G. Carter, Sr., ChancellorConnecticut State
University System39 Woodland StreetHartford, CT
06105Dear Chancellor Carter:
I have received your request for advice asking whether the
publication of a so-called cartoon entitled "Polydongs" in the student
newspaper at Central Connecticut State University (hereinafter "CCSU" or the
"University") is speech protected by the First Amendment to the United States
Constitution.
Unquestionably, this humorless and tasteless material has racist
overtones and is an affront to all minorities and to those who have fought
against child abuse and sexual assault. It has no rightful place on the pages
of an academic publication, particularly a publication affiliated with a
Connecticut university. Still, despite its clearly offensive and repugnant
nature, federal court decisions compel the conclusion that it is speech
protected by the First Amendment to the United States Constitution.
Even material contrary to decent taste and civil discourse,
including basic moral or ethical principles, has been judicially held to have
constitutional protection. The protection is against government interference --
either through prior restraint or punishment after publication. As a government
agency, the State University System may not retaliate or impose punitive
measures against individuals in charge of the student newspaper or the
newspaper itself for publishing this material.
These principles in no way prevent the University from making
changes to the newspaper including placing editorial control in a faculty
director or university board. If changes are made for legitimate content
neutral reasons, and not as a pretext to retaliate for this or other student
newspaper content, they may be far reaching and fundamental in structure and
scope.
In addition to steps that may effectively require enhanced
accountability such as putting the newspapers under control of a faculty or
trustee body other measures may be appropriate and fully permissible under the
First Amendment to address the root causes of this offensive and repugnant
publication. Requiring sensitivity training or institutionalizing cultural
interaction certainly abridge no constitutional rights, and may be legitimate
avenues of education and understanding. The First Amendment preserves freedom
of expression, without forbidding positive measures to enhance the quality of
expression. The University management and Trustees have the opportunity some
may also say obligation to explore such options.
You advise us that The Recorder published
material depicting two geometrical figures, a triangle and a square. The
triangle tells the square that whenever he eats a certain cereal, his urine
smells funny. When the square asks the triangle if his urine tastes funny too,
the triangle replies, "I dunno. I'd have to ask that 14-year old Latino girl
tied up in the closet." From behind a chained closet door, a voice in Spanish
says: "I'm hungry." The illustration bears a "disclaimer" which reads "The
Recorder does not support the kidnapping of (and subsequent urinating on)
children of any age or ethnicity."
Apparently, The Recorder (formerly known as
The Central Recorder) was established as a student
organization at CCSU in 1931. Membership in the organization is available to
any undergraduate student matriculated at CCSU. The organization's operations
are funded by the CCSU Media Board, which obtains its funding by way of a media
fee charged to each full-time undergraduate enrolled at CCSU. The Media Board,
in turn, distributes portions of that media fee to the University's media
organizations, including The Recorder, the yearbook, the
campus radio station, and the CCSU literary magazine. The
Recorder obtains additional funding through advertising
revenue.
The purpose of the Media Board, as stated in its Constitution, is
"advisory to all student-sponsored media at Central Connecticut State
University," including The Recorder. Media Board Constitution,
Article II. The Media Board is comprised of students, academic and
administrative faculty, and one member of the local community. Constitution, at
Section 4.4.E. The Board's Constitution states that "[t]he Board shall be
responsible for promoting responsible student broadcast and written journalism
on campus and assisting in the protection of their freedom of speech and
expression." (Section 5.1) The Media Board Constitution further provides that:
1.2 The editorial freedom of the student editors and managers entails corollary responsibilities to be governed by the canons of responsible journalism, such as the avoidance of libel, indecency, undocumented allegations, attacks on personal integrity, and the techniques of harassment and innuendo. As safeguards for the editorial freedom of student media, the following provisions are necessary:
a. Student publications and student media shall be free of censorship and advance approval of copy. Its editors and managers shall be free to develop their own editorial policies and news coverage.
b. Editors and managers of student publications and student media shall be protected from suspension and removal because of student, faculty, administrative, or public disapproval of editorial policy and content.
c. Each media organization is responsible for the appointment/ removal of editors and managers in accordance with their organization's constitution.
d. All University-published and financed student publications shall explicitly state on the editorial page that the opinions there expressed are not necessarily those of the University or student body.The Recorder similarly operates pursuant to a Constitution which provides, in pertinent part, that the editor-in-chief "shall make the decisions concerning the operational aspects of the Central Recorder, as well as editing the content of the Central Recorder" in accordance with the...
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