Censorship and restraint: lessons learned from the catalyst

College Student Journal, Sept, 2001 by Paul Bankes, Jeffrey Boss, Amanda Cochran, Lee Duemer, Jaci McCrary, Dora Salazar

Censorship of the student press at higher education institutions has and continues to be a dilemma faced by administrators, students and the legal system. Contemporary implications of student press censorship were explored using the case study of The Catalyst, an underground student publication at Texas Tech University during 1969-1971. This study determined that the legal system has not provided a conclusive stance on censorship. Recommendations for handling student press issues are provided for administrators and students.

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America's universities and colleges have long served as forums for debate and marketplaces of ideas, often challenging students to question the status quo (Avery & Simpson, 1987; Oettinger, 1995). The academic environment seems an ideal place for young adults to engage in honest discussion about personal, academic and political matters. A vital element of the academic community that allows for open discourse between students is the student newspaper; however, university administrators have sometimes targeted student publications in an effort to control campus climate (Oettinger, 1995).

The more recent court ruling in Hazelwood vs. Kuhlmeier (1988), that high school officials could censor student expression if a legitimate pedagogical concern existed, has been cited and upheld in cases involving collegiate press (Phillips, 1998). Since that time colleges and universities have passed policies restricting students' freedom of speech (Byron, 1992). Such policies are based on the idea that written expression can be limited when administrators believe it could result in a substantial disruption of the educational process (Lemley, 1982). Universities are restricted in how they can regulate student publications because student newspapers are regarded as public forums and are protected by the First Amendment (Gibbs & Stoner, 1985).

Additionally, the lawsuit (Channing Club vs. The Board of Regents of Texas Tech University, 1970) cited for this study has been used as a legal precedent in similar press censorship cases. Trager and Dickerson's College Student Press Law (1976) cited Channing for its importance in demonstrating that administrators had to prove the likelihood of a disruption occurring directly because of the students' publications before restricting distribution. A thorough understanding of Channing has become increasingly important since the Hazelwood decision and the recent Kentucky State University confiscation of student yearbooks determined to be of too poor quality to release to the public (Selingo, 1997). The effects of Hazelwood and subsequent cases have been to drive more student publications off campus where computers, the Internet and publishing software make it easy for almost anyone to publish. Concurrently, complaints and protests against editorial content have become increasingly common at colleges and universities (Phillips, 1998). Such conflict has often resulted in the theft, destruction or suppression of the publication in question (Phillips, 1998).

This study is based on the outcomes of a university attempt to ban a student newspaper and the effect of that case on subsequent rulings concerning censorship. The Catalyst made its debut in September 1969 on the Texas Tech University campus in Lubbock, Texas. The Catalyst was a biweekly underground newspaper directed at a radical, liberal audience seeking change. The editors encouraged the students of Texas Tech to take a vigilant interest in all campus media. The newspaper frequently included profane language, inflammatory phrases, satires, and opinioned articles highly critical of the Texas Tech administration. The Catalyst was also opposed by administrators due to concern about possible student unrest. After a series of conflicts between the newspaper staff and the administration, the Third issue of The Catalyst was banned from campus for the use of "vulgar words" (testimony of Owen Caskey in Channing Club v. Board of Regents of Texas Tech, August 4, 1970). Tech administrators felt such constraint was justified because it "was responsible for a lowering of moral standards, for contributing to a disrespect for authority, and for contributing to the eventual breakdown of the essential functions of the university" (Pontius & Taylor, 1970, p. 15). Criticisms of Tech administrators were framed in terms of trying to convey that The Catalyst was representative of the larger overall deterioration of the educational process.

The civil action trial known as Channing Club v. Board of Regents of Texas Tech took place on August 4th and 5th, 1970 in the United States District Court in Lubbock, Texas. The Channing Club was The Catalyst's sponsor and therefore represented it in the trial. The judge found in favor of The Catalyst and ruled that Texas Tech could not prohibit the club's privately printed newspaper from being sold in places selling books and periodicals containing language identical to that which the administrators objected. The actions taken by Texas Tech administrators represented a form of restraint that prevented students from buying the paper on campus and was found to be unconstitutional in nature. The Channing Club case serves as a landmark case from which numerous other cases of censorship have been decided. It also is a reminder of the boundaries of administrative authority to limit student speech.