Cecily Zamora
In 1988, the U.S. Supreme Court's decision in Hazelwood School District v. Kuhlmeier restricted the First Amendment rights of high school student journalists, allowing school officials to censor student media. In response, several states have passed anti-Hazelwood laws to protect student press freedom and curb censorship. Kansas is one of these states, where student journalists are protected by both the federal First Amendment and the Kansas Student Publications Act, allowing for greater freedom of expression in student media.
| Characteristics | Values |
|---|---|
| What are Anti-Hazelwood laws? | Laws designed to counteract Hazelwood's effects by protecting student journalists from administrative censorship. |
| What is Hazelwood? | A First Amendment case where the U.S. Supreme Court restricted the First Amendment rights of high school student journalists working on school-sponsored media. |
| What is the First Amendment? | Establishes the minimum level of free speech protection nationwide. |
| What do Anti-Hazelwood laws do? | They curb censorship and restore free expression rights to students. |
| Which states have Anti-Hazelwood laws? | Arkansas, California, Colorado, Iowa, Kansas, Massachusetts, and Oregon. |
| What is the Kansas Student Publications Act? | A law that protects student journalists in Kansas from censorship except in narrowly defined situations where legal boundaries are crossed. |
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What You'll Learn
Kansas Student Publications Act
The Kansas Student Publications Act (K.S.A. 72-7209 – 72-7211), signed into law by Gov. Joan Finney in 1992, protects the press freedom of Kansas's public school student journalists and their advisers. The law states that student journalists cannot be censored by school officials except in certain narrow circumstances. These circumstances include instances where student journalists cross clear legal boundaries, such as publishing content that is libelous, slanderous, or obscene, or content that promotes conduct defined by law as a crime.
The Act also protects advisers and supervising employees from being terminated, transferred, or relieved of their duties for refusing to infringe upon their students' lawful expression. It is important to note that this law does not prevent an administrator from shutting down an entire journalism program, as seen in a case at Sterling High School in 2020.
The Kansas Student Publications Act has been invoked in landmark cases, such as the lawsuit filed by Grace Altenhofen of Shawnee Mission North High School against the Shawnee Mission School District. In this case, school administrators confiscated cameras from student journalists during a protest against gun violence, and Altenhofen, with legal aid from the ACLU, sued the district. This case provided increased legal legitimacy to the Act and demonstrated its applicability in protecting student press freedom.
The Act has also empowered student journalists to uncover and report on important issues, such as the work of Madeline Gearhart, who earned the 2021 Courage in Journalism Award from the Kansas Scholastic Press Association (KSPA). Gearhart's investigation into the hidden history of her school's namesake, Fred Seaman, who was a leader in the KKK, led to national media attention and the possibility of a name change for the school.
The Kansas Student Publications Act, along with the federal First Amendment, provides a stronger safeguard against censorship for student journalists in Kansas. While the First Amendment sets a minimum level of protection against censorship, the Kansas law raises the bar by allowing censorship only in specific situations where clear legal boundaries have been crossed. This combination of federal and state protections ensures that Kansas student journalists can exercise their right to free expression with greater confidence and support.
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The First Amendment and Hazelwood
The First Amendment of the US Constitution establishes a minimum level of free speech protection nationwide. This means that no government official, law, or policy can curtail an individual's right to free speech.
In 1988, the US Supreme Court ruled in Hazelwood School District v. Kuhlmeier that schools may limit student First Amendment rights if student speech contradicts the school's educational mission. This decision was based on the argument that the First Amendment rights of students in public schools are not the same as those of adults and must be applied in light of the characteristics of the school environment. The ruling gave educators significant leeway to control the content of student publications, provided they had legitimate educational reasons for doing so.
The Hazelwood ruling significantly restricted the First Amendment rights of high school student journalists working on school-sponsored media. In response, several states have passed laws, originally called "anti-Hazelwood laws," to protect student press freedom and curb censorship. These laws have effectively restored free expression rights to students, giving them the same protections that existed before the Hazelwood ruling.
Kansas is one such state with anti-Hazelwood laws. Kansas student journalists are protected by both the federal First Amendment and the Kansas Student Publications Act. The First Amendment, as interpreted through Hazelwood, provides limited protection against administrative censorship. However, Kansas state law allows censorship only in specific situations where student journalists cross clear legal boundaries. As a result, school officials in Kansas must be cautious, even if their actions technically comply with Hazelwood, as they can still be held accountable under state law.
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Student journalists' rights
In 1988, the U.S. Supreme Court's decision in Hazelwood School District v. Kuhlmeier restricted the First Amendment rights of high school student journalists working on school-sponsored media. The ruling gave school officials greater authority to control the content of such publications. However, it is important to note that this decision sets a minimum standard, and state laws and local policies can provide stronger protections for student journalists' free expression rights.
Kansas is one of several states that have passed "anti-Hazelwood" laws, also known as New Voices laws, to enhance student press freedom. The Kansas Student Publications Act, signed into law by Governor Joan Finney in 1992, protects the press freedom of Kansas's public school student journalists and their advisors. The law establishes that student journalists cannot be censored by school officials except in certain narrow circumstances, and advisors cannot be penalised for refusing to infringe on their students' press rights.
The Kansas Student Publications Act has been invoked in court cases, providing it with increased legal legitimacy. For example, in a landmark case, a student journalist from Shawnee Mission North High School, Grace Altenhofen, sued the school district with the help of the ACLU after administrators confiscated school cameras from student journalists during a protest. While the law does not prevent an administrator from shutting down a journalism program, it has been used by students to challenge such decisions.
The Kansas Student Publications Act also outlines the responsibilities of student publication advisors and other certified employees who supervise student publications. They are tasked with teaching and encouraging free and responsible expression while upholding high standards of English and journalism. These advisors are protected from termination, transfer, or relief of duties for refusing to infringe upon the right to freedom of expression conferred by the Act.
In summary, the Kansas Student Publications Act provides added protection for student journalists in Kansas public schools, ensuring their right to free expression and limiting censorship by school officials. This law empowers student journalists to determine the content of school-sponsored media and strengthens their press freedom rights.
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Anti-Hazelwood laws in other states
In 1988, the U.S. Supreme Court's decision in Hazelwood School District v. Kuhlmeier restricted the First Amendment rights of high school student journalists working on school-sponsored media. In response, several states have passed laws to protect student press freedom. These laws are known as New Voices laws, but were originally called "anti-Hazelwood laws".
As of 2025, 18 states have passed New Voices legislation, and at least two jurisdictions—Pennsylvania and the District of Columbia—have enacted regulations. Additionally, numerous local school districts have adopted policies to limit the power of school officials to censor student media. These laws and policies have successfully curbed censorship and restored free expression rights to students.
Six states—Arkansas, California, Colorado, Iowa, Kansas, and Massachusetts—have passed student free expression laws, also known as anti-Hazelwood laws. California's law, in particular, has been in place since 1977 and protects student expression by prohibiting school districts from disciplining students based on speech or communication that is protected by the First Amendment outside of campus.
North Dakota has also passed an anti-Hazelwood law, which has sparked a national movement. Additionally, Washington and Kentucky have introduced anti-Hazelwood legislation, although it did not pass. These laws and efforts demonstrate a growing trend of states and local school districts taking action to protect student press freedom and limit censorship.
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The impact of Hazelwood
The 1988 Hazelwood School District v. Kuhlmeier decision by the U.S. Supreme Court significantly restricted the First Amendment rights of most high school student journalists working on school-sponsored media. The Court ruled that the First Amendment rights of student journalists are not violated when school officials prevent the publication of certain articles in school newspapers. This decision gave school administrators considerable discretion to regulate speech they deemed inappropriate and not in line with the school's educational mission.
The Hazelwood decision has had a significant impact on the rights of high school students to free speech. It has limited their ability to express controversial or unpopular opinions in school-sponsored publications and has been criticised by civil liberties advocates and educators for eroding the First Amendment rights of students and creating a chilling effect on student journalism and expression. The decision has also been viewed as a departure from previous Supreme Court rulings on student free speech, such as Tinker v. Des Moines Independent Community School District (1969), which held that students have the right to express themselves as long as their speech does not disrupt the educational process.
In response to the Hazelwood decision, several states have passed legislation known as New Voices laws, originally called "anti-Hazelwood laws". These laws aim to curb censorship and restore free expression rights to students. As of 2025, 18 states have passed such legislation, and at least two jurisdictions—Pennsylvania and the District of Columbia—have enacted regulations. Additionally, numerous local school districts have adopted policies to limit the power of school officials to censor student media.
Kansas is one of the states that have passed student free expression laws, known as the Kansas Student Publications Act. This law provides stronger safeguards for student journalists in the state, as the First Amendment, post-Hazelwood, offers limited protection against certain types of administrative censorship. The Kansas law allows censorship only in narrowly defined situations where student journalists cross clear legal boundaries. As a result, school officials in Kansas must be cautious, even if their actions technically comply with Hazelwood, as state law provides greater protection for free expression.
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Frequently asked questions
Anti-Hazelwood laws are state laws that protect student journalists from administrative censorship. They are called anti-Hazelwood laws because they were enacted in response to the 1988 Hazelwood School District v. Kuhlmeier case, in which the U.S. Supreme Court restricted the First Amendment rights of high school student journalists working on school-sponsored media.
Anti-Hazelwood laws give back to students the free speech protections that existed before the Hazelwood ruling. They vary by state but generally protect student journalists from censorship and give them more rights than those recognized by the First Amendment.
Yes, Kansas is one of at least 18 states that have passed anti-Hazelwood laws, also known as New Voices laws. Kansas student journalists are protected by both the federal First Amendment and the Kansas Student Publications Act.
