The Mountaineer

Issue date: 10/9/06 Section: News

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In a landmark moment, Governor Schwarzenegger signed into law on August 28 two bills designed to protect college newspapers from censorship. The first piece of legislation, the anti-censorship bill, prevents colleges from enforcing disciplinary actions against any student based solely on conduct considered to be speech.

Rather than creating new rights for students, the bill simply states that any form of speech that is protected from government intrusion outside public universities is now protected on campus.

According to a press release, the bill was created in the wake of a 7th Circuit Court of Appeals decision that said "college media can be subject to prior review in Illinois, Wisconsin and Indiana."

This ruling raised fears that censorship may be exercised on college newspaper publications, prompting the creation of the anti-censorship bill.

Even if a college administration cannot directly prevent an unwanted story from being published, what is to prevent them from simply confiscating the newspaper so the story cannot be read after publication?

The answer to that comes in the form of the second piece of legislation, the newspaper theft bill. That law makes it a crime to take more than twenty-five copies of the current issue of a free publication and imposes a maximum fine of $500 and up to ten days in jail, thus filling the gap left by the anti-censorship bill.

An exception to the law provides that the publisher, advertisers or distributors of the publication may take more than the maximum number of issues allowed. Also, if the publisher would like to allow individuals to take more than twenty-five copies, it must be stated on or inside the paper.

Aside from forbidding the newspaper from being confiscated in order to prevent an unwanted story from being read, the bill also establishes that people may not take more than the maximum if they wish to recycle the paper for profit; sell it or barter it; or to cause harm to a business competitor.

The bill recognizes that these newspapers provide "an important alternative to the news and ideas expressed in other local media sources" and that any attempt to "deprive others of the opportunity to read or enjoy the newspaper" would inhibit the rights of the public.

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