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Disturbing trend of prior review at University of Northern Iowa opens the door to press censorship
One of the most common threats to student and faculty rights that we see here at FIREis administrators鈥 practice or policy of requiring prior review of faculty and staff communications with the media. Preventing prior review is a major focus of 果冻传媒app官方鈥檚 newly launched Student Press Freedom Initiative, which provides resources for student journalists to know their rights and fight back against censorship.
Just a week after our last run-in with a university demanding prior review, FIREwrote today to the University of Northern Iowa urging it to end its practice of requiring resident assistants to get approval from university officials if they would like to communicate with the media in their personal capacities 鈥 that is, when they speak as students, not on behalf of the university.
After student newspaper sent resident assistants an anonymous survey asking about their experiences on campus, a UNI official told RAs that university media relations officials must approve all 鈥淩A-themed media responses鈥 to the press. UNI said the purpose of this is to make sure officials can 鈥渁ddress any issues鈥 and that RAs should 鈥渃onsider the potential impact鈥 of responding to the Northern Iowan鈥檚 survey. This requirement by the university is concerning for many reasons.
UNI cannot prevent students from speaking as private citizens
FIRE informed UNI officials that while they may properly regulate when RAs speak on behalf of the university or prevent RAs from sharing confidential information, they may not regulate students鈥 ability to speak with the media about their personal experiences.
UNI cannot condition employees鈥 communication with members of the media on an administrator鈥檚 prior approval of the message.
The law is clear: Government employees, including RAs at public institutions, have the right to speak to the media in their individual capacities on matters of public concern.
Requiring approval for any 鈥淩A-themed鈥 comments to the media threatens the expressive rights of the university鈥檚 student employees and violates students鈥 First Amendment rights to speak about their experiences on campus 鈥 including their personal experiences, even those related to their jobs as RAs. For example, in 2020, FIREsaw RAs worried that if they spoke out against the university's handling of the COVID-19 pandemic they would be fired. At UNI, RAs would have to ask administrators for approval in order to criticize their actions.
Requiring university officials to approve these communications is prior review
Additionally, requiring that administrators review all communications between RAs and journalists, including comments and questions, constitutes an unconstitutional prior review of both RAs鈥 comments and journalists鈥 questions. Because information and quotes gathered through interviews often encompass much of any specific content, knowing the questions that journalists ask and the answers they receive gives UNI officials power to control the message.
By requiring RAs to provide this information, the university is effectively coercing them into giving UNI an advance window to respond to what is said. And that journalists and RAs know UNI has this access threatens to chill both the kinds of questions the media will pose and the answers RAs will provide.
Requiring UNI officials approve RAs鈥 messages could lead to prior restraint
Especially problematic is UNI鈥檚 requirement that officials not only view RAs鈥 communications with the media but that they approve those messages. This is an unjustifiable violation of students鈥 First Amendment rights.
As the U.S. Supreme explained in Watchtower Bible & Tract Society of New York v. Village of Stratton, requiring individuals to seek official approval before speaking is 鈥渙ffensive鈥攏ot only to the values protected by the First Amendment, but to the very notion of a free society.鈥
We built on this in our letter:
If the university were to bar an RA from sending a particular message to a journalist, that would constitute an unconstitutional prior restraint, 鈥渢he most serious and the least tolerable infringement on First Amendment rights.鈥 UNI cannot condition employees鈥 communication with members of the media, including student media, on an administrator鈥檚 prior approval of the message. This practice impermissibly burdens the First Amendment rights of those subject to it.
Restricting students journalists access to RAs violates the public鈥檚 right to know
Courts have long recognized that members of the press act as 鈥渟urrogates for the public鈥 in keeping a watchful eye on the operations of government 鈥 in this case, UNI as a public university. By preventing journalists from speaking with student employees like RAs, UNI prevents the public from learning about university operations 鈥 a matter of deep public concern.
As we said in our letter:
Obstructing journalists鈥 access to UNI RAs not only violates those RAs鈥 expressive rights, but also restricts press freedom and impinges upon the public鈥檚 right to know about important decisions and actions made by the institution, including important matters of public concern like public safety for student residents during the COVID-19 pandemic, health and safety conditions of university housing, and other issues of public concern on campus.
This is unacceptable at a public university like UNI.
UNI must clarify RAs may speak with the media without approval
Given the unconstitutionality of UNI鈥檚 current practice, it is now incumbent on the university to implement a policy clarifying that the university will no longer require RAs to share media requests and the responses they make in their personal capacities as private citizens.
UNI does not have the authority to view these messages and must make that clear to all RAs. To do so, we request that UNI provide training to RAs regarding their First Amendment rights and their right to speak with the media.
We asked UNI to respond to our letter in the next two weeks, and we will keep readers updated.
UNI is not alone in censoring student press 鈥 and 果冻传媒app官方鈥檚 working to address this issue nationwide
FIRE has seen similar situations time and time again. Just last week, we wrote the University of Wisconsin Oshkosh urging it to end similar practices of prior review and prior approval to interview employees. (Hint: we鈥檙e already working on several similar cases behind the scenes.)
By preventing journalists from speaking with student employees, UNI prevents the public from learning about university operations.
In launching SPFI (or 鈥渟piffy鈥), FIREaims to combat issues such as prior review of media questions and student or faculty responses. Student journalists curious to learn more about these issues should visit 鈥 an interactive guide designed for student journalists to common media law and First Amendment concepts, where they鈥檒l find a on prior review and prior restraint. We will also continue to advocate for student journalists鈥 rights by writing letters to institutions and providing students resources and information about their rights.
FIRE defends the rights of students and faculty members 鈥 no matter their views 鈥 at public and private universities and colleges in the United States. If you are a student or a faculty member facing investigation or punishment for your speech, submit your case to FIREtoday. If you鈥檙e a college journalist facing censorship or a media law question, call the Student Press Freedom Initiative 24-hour hotline at 717-734-SPFI (7734).
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