Court Rulings Threaten Free Expression

Student Press
A federal district court in Kentucky ruled that the censorship of student press by high school officials, which was permitted by the Kuhlmeier v. Hazelwood Supreme Court decision in 1988, allows for censorship of college and university press as well. At issue was the confiscation of yearbooks at Kentucky State University and removal of the faculty advisor by administrators critical of the yearbook's content. The ruling, Kinkaid v. Gibson, represents a severe threat to college student press and First Amendment rights and will be appealed by the Kentucky students. The Student Press Law Center is soliciting support from media and civil rights groups for the students' cause. Executive Director Mark Goodman can be reached in Washington, D.C. at (703) 807-1904.

Military "Honor and Decency"
The United States Court of Appeals for the Second Circuit ruled that the Defense Department can bar military post exchanges from selling magazines, recordings and videos that "lasciviously" depict nudity (Censorship News 64). The decision overturns a Federal District Court decision which held that the law violates the Constitution's free speech protections. Court of Appeals Judge Cabranes wrote for the 2-1 majority that the policy was a reasonable way for the government to uphold the military's "values of honor, professionalism and discipline." The ruling is expected to be appealed.