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After Outcry, Buffalo State Student Government Quickly Reverses Freeze of Newspaper鈥檚 Funding
Wednesday was April Fool鈥檚 Day, and college newspapers across the country to their articles this week. However, not all students found their college newspapers鈥 holiday issues funny. The United FIREGovernment (USG) at the State University of New York 鈥 Buffalo State College, responding to complaints about satirical articles in the student newspaper The Record, went as far as for the paper before amidst heavy criticism from students, alumni, and free speech advocates. This was a necessary change in plans, and FIREhopes campus communities across the country take note: Universities and student governments tasked with distributing mandatory student activity fees may not cut funding for student publications based on their content.
According to The Record, 鲍厂骋鈥檚 Executive Vice President initially the newspaper on Wednesday, alerting its staff that its 鈥渂udget has been frozen.鈥 What鈥檚 more, the student government informed The Record that all copies of, titled The Wreckard, had to be 鈥渞emoved from campus鈥 by Thursday at 5:00 p.m. The Vice President explained this decision by writing, 鈥淚t has come to our attention from many students and faculty members that some of the topics discussed in the 鈥榃reckard鈥 satire addition [sic] were offensive to members of Buffalo State and the surrounding community.鈥
As my colleague Sarah McLaughlin reminded readers yesterday, expression by students at public universities does not lose its First Amendment protection merely because it is controversial or deemed offensive. USG didn鈥檛 specify which articles were supposedly worthy of censorship. But FIREsees nothing in that falls into one of the few, narrowly defined categories of unprotected speech, like incitement to imminent lawless action and obscenity (or anything that comes even remotely close, for that matter).
And as the , student activity fees collected for the purpose of funding a diverse range of student groups must be distributed in a content- and viewpoint-neutral manner. FIREhas emphasized this point in the student press context before. In 2012, for example, the University of Memphis committee responsible for allocating student fees reduced funding for its student newspaper by a third, explicitly citing its disapproval with the newspaper鈥檚 content. In a FIRE video, then-editor-in-chief of The Daily Helmsman Chelsea Boozer details how student government officials vocally objected to articles about misuse of student funds and convicts living on campus and subsequently took action to cut the paper鈥檚 funding by $25,000. Thankfully, after FIREand organizations like the Student Press Law Center intervened, the Helmsman鈥檚 budget was restored.
After swift pushback on social media from , , , and , Buffalo State鈥檚 USG posted a statement on its yesterday acknowledging that its attempt to censor the newspaper was not consistent with freedom of the press. The Buffalo News reported that Buffalo State Vice President Hal Payne influenced 鲍厂骋鈥檚 reversal. Payne released his own on the controversy:
While the The Record's April Fools' satire edition may have been upsetting to some and certainly pressed the boundaries of humor, I am concerned that the United FIREGovernment's decision to freeze the paper's funding may infringe on students' right to free speech. Because The Record is a recognized student organization, United FIREGovernment provides oversight of the paper, not the college administration. However, I will reach out to the leaders of both organizations in the coming days to encourage a swift resolution.
Payne is correct鈥敱С意檚 decision did infringe on students鈥 right to free speech, and it is critical that USG understand it cannot take similarly motivated action against The Record or any other student publication or student group in the future.
鲍厂骋鈥檚 still raises concerns, though. The group writes that it 鈥渨ould like for The Record to be a wonderful platform for communication to our community, as well as making sure students feel comfortable and protected by USG,鈥 and that 鈥渨ill continue on reaching out to The Record for a meeting where a medium can be reached.鈥 But newspapers exist primarily to inform, not to ensure comfort. If anything, they often serve to make readers appropriately uncomfortable, as when the campus community should be alerted to a problem. It is not clear whether USG still hopes to limit what The Record prints, but the newspaper staff is under no obligation to tone itself down at the request of USG or 鈥渦ncomfortable鈥 students.
The Record has allies over at the State University of New York at Buffalo (UB). Sara Dinatale, editor-in-chief of UB鈥檚 independent student newspaper The Spectrum, expressed incredulity today at 鲍厂骋鈥檚 delay in acknowledging The Record staff鈥檚 First Amendment rights. She what bothers her most:
But the scariest part of this situation is how easy it was for the student government to freeze The Record鈥檚 funds. SUNY and universities need to do more to ensure student governments can鈥檛 just mess with funding whenever they don鈥檛 like what a college paper does.
As Dinatale points out, if student newspapers can raise funding through ad revenue instead of relying on student fees, they may have an easier time covering controversial stories and criticizing those in power at the university without setbacks like The Record鈥檚. Even a temporary obstacle can set a staff on edge and potentially chill student expression.
This probably won鈥檛 be the last April Fool鈥檚 Day student newspaper edition that inspires retaliation. (It鈥檚 certainly not the first, as this recent FIREcase involving the University of Alaska Fairbanks鈥 student newspaper demonstrates.) As long as April Fool鈥檚 censorship remains an annual tradition, FIREwill be here to remind students, professors, and administrators alike that freedom of speech is no joke.
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