The daily Nebraskan. ([Lincoln, Neb.) 1901-current, January 26, 1999, Page 3, Image 3
Bill focuses on censorship issues By Brian Carlson Staffwriter When Omaha Westside High School administrators introduced drug sniffing dogs onto the school’s parking lot, the high school newspaper was on the story. But the high school journalists did n’t get far, said Allison Conway, an edi tor for the newspaper. At a hearing of the Legislature’s Education Committee Monday, she told lawmakers that administrators barred the paper from photographing the dogs. Later, when the paper learned that a student had been suspended for drug use, administrators denied it - even after the newspaper presented them with the student’s name, Conway said. “The student who wasn’t allowed to attend class would have been surprised to find out no one had been suspended,” she said. Conway and several other students and high school newspaper advisers tes tified in support of LB 182, known as the Student Freedom of Expression Act. It would increase students’ freedom of expression in school publications. In 1988, the U.S. Supreme Court ruled in Hazelwood School Districts v. Kuhlmeier that the First Amendment did not prohibit school officials from exercising editorial control over student publications, as long as the control was related to an educational purpose. That broad standard for editorial control too often allows school adminis trators to censor student articles not because of poor journalism or libel, but because they are controversial, said John Bender, a University of Nebraska Lincoln news-editorial professor. “When an administrator is attempt ing to censor an article or editorial that is tempered, respectful, well-written and well-researched, then something is out of balance,” said Bender, who also serves as executive director of the Nebraska High School Press Association. LB 182, sponsored by Sen. Chris Beutler of Lincoln, would allow only sponsoring teachers to exercise editorial control over student publications. Material could be suppressed only for being obscene, libelous or demon strably likely to incite law-breaking or disruptions at the school. It could not be suppressed because of controversial subject matter. Doris Martin, newspaper adviser at Beatrice High School, said administra tors’ censorship had created an “envi ronment that’s not conducive to teach ing students about journalism and democracy.” “I firmly believe we can’t send stu dents to government class and teach them what a brilliant document the Bill of Rights is,” she said, “and then have them come to journalism class and say that because an article is not positive, it will not be printed.” Sen. Kermit Brashear reminded proponents that the Supreme Court had already ruled the First Amendment did not specifically grant students the free doms contained in LB182. But Matthew Beermann, editor of Lincoln Southeast High School’s news paper, noted that states have the power to extend students’ rights of free expres sion. School newspapers should not be subject to censorship because they are supported by taxpayer money, he said. “It is wrong to say that simply because it receives funding from the government, a school newspaper should be blindly uncritical of that gov ernment,” he said. Brian Hale of the Nebraska Association of School Boards was the lone person to testify against the bill. He said school boards and adminis trators, who allot funding for school publications, should be able to control the product. This is similar to the real world, where publishers control what appears in their publication, he said. Education bills bring change ByIevaAugstums Senior staff writer Members of Nebraska’s higher edu cation community decided Monday they weren’t going to sit around and wait for state legislators to advance 21 bills and two constitutional amend ments. Instead, the Coordinating Commission for Postsecondary Education said it would take immediate action on the legislation that would, if passed, change the responsibilities and structure of the commission, as well as area state and community colleges. “Our plan is to keep the commission and its staff informed and updated on legislation,” said Commission Executive Director David Powers. “When necessary, we will talk with the higher education community and with senators individually about the bills.” Larry Scherer, the commission’s policy analyst, presented a report detail ing the Legislature’s higher education bills and identified key bills that would be of interest to the commission. Commissioner Jane Hood ques tioned whether any of the bills present ed would be advanced to the floor, espe cially LB631, sponsored by Speaker Doug Kristensen of Minden. LB631 would make Chadron State and Wayne State colleges part of the University of Nebraska system, as well as turn Peru State College into a com munity college. ^•Attention " May 1999 Graduates , Your Degree Application is Due January 29,1999 Apply at 107 Canfield Admin. Bldg. Hibler responds to harassment suit it ... I'll even tone down my rhetoric on the late-night Internet Mind Radio Shows about having my followers file their own lawsuits” David Hibler former English professor By Shane Anthony ' Staff writer Former UNL Assistant Professor David Hibler’s filing Friday in response to a sexual harassment lawsuit against him goes beyond denying charges. In a 28-page affidavit to support his motion, Hibler uses profanity, refers to President Bill Clinton several times and indicates he might sue the universi ty if the lawsuit is not dismissed. “So you have my word, Your Honor. I won’t file my lawsuit. And I promise I’ll even tone down my rhetoric on the late-night Internet Mind Radio Shows about having my follow ers file their own lawsuits,” he said on page 25 of the affidavit. In the motion, Hibler said he has never been served with a copy of the complaint against him and is “ill equipped” to answer. Former UNL student Valerie Giunca sued the NU Board of Regents and Hibler in February alleging that Hibler sexually harassed her during the 1996 fall semester. Giunca’s attorney, Carole McMahon-Boies, said U.S. District-* Judge Richard G. Kopf had already ruled Dec. 16 that the documents had been signed for at UNL in February, while Hibler was still an employee. The university revoked Hibler’s tenure and fired him June 20. On Jan. 8, Kopf ordered that Hibler must respond to Giunca’s motion for summary judgment. Kopf had already ruled Dec. 16 that a previous motion from Hibler asking to quash service or dismiss the suit because of lack of personal jurisdiction was untimely. Hibler’s current motion asks for reconsideration of his previous filing. It also offers a general denial “to any and all matters of fact contained in said complaint.” Hibler, who has been representing himself, said in the affidavit he has had difficulty finding attorneys to repre sent him. For that reason, he said, the motion asks the court for 120 days to find adequate legal representation. McMahon-Boies said the court normally requires a response within 20 days of the complaint being served on the defendant. Hibler is entitled to addi tional time to answer, she said, but his requests are not timely. She said Hibler has a right to defend himself, but the court is not likely to give him much more time. Hibler’s language in the affidavit is littered with profanity. “In light of all the other shit I’ve just laid on this Court, and I remind this Court that I am still bound under oath and I swear everything above to be the truth, the whole truth, and nothing but the truth the way I see it” the affidavit said. “Whether you personally like it doesn’t mean shit to a tree.” On page 19, he referred to Giunca as “what some people might call a ‘lit tle, lying bitch’ but which yours truly, Defendant Hibler, rather chooses to call a ‘woman of proven selective memory and medically documented mental instability.’” Explore your future tonight! Study A vaganza Cen nion Discover the op World Campus Featuring Summer 1999p blic, England, Fiji, France, Greece, Italy, Mexico, Trinid; g programs are also available. Invest in uture^0&Udy Abroad! Win a $250 Scholarship! Door Prizes from: Moose’s Tooth, the NZone, Homer’s and more... MBPMyP^I|Bippifl|KPlM§|lM|IBI»^^ll|l|l||HMi|l^^