Dean v. Utica
Encyclopedia
Dean v. Utica Community Schools (345 F.Supp.2d 799 [E.D. Mich. 2004]) is a landmark legal case in United States constitutional law
, namely on how the First Amendment
applies to censorship
in a public school environment. The case expanded on the ruling definitions of the Supreme Court
case Hazelwood v. Kuhlmeier
, in which a high school journalism-oriented trial on censorship limited the First Amendment
right to freedom of expression in curricular student newspapers. The case consisted of Utica High School Principal Richard Machesky ordering the deletion of an article in the Arrow, the high school's newspaper, a decision later deemed "unreasonable" and "unconstitutional" by District Judge Arthur Tarnow.
, Michigan
was being sued by a husband and wife who claimed that the diesel fumes from school buses (which regularly idled in the neighborhood for very extended periods of time) had contributed to the husband's lung cancer
and similar illnesses, Arrow sports editor Katy Dean, a junior, researched and wrote a story to be printed in the newspaper on the issue. Dean had contacted school and town officials who declined to comment, as noted in the story. Dean also included several scientific studies on the carcinogenic exposure to diesel
fumes.
On March 7, 2002, Utica High School Principal Richard Machesky asked the Arrow advisor, Gloria Olman, to cut the story along with the adjoining cartoon and editorial, at the time claiming it was based on "unreliable" sources and was "highly inaccurate." After a year of asking school officials to reconsider their decision, Dean filed a lawsuit against the school district in federal court.
On October 12, 2004, Judge Arthur Tarnow determined that the "Spectrum" was an example of a limited public forum after reviewing the degree of control school officials exercised over the paper, which ultimately separated this case from the decision expressed in Hazelwood. A limited public forum—in this context, a public forum created for use by student editors—can reasonably be regulated in terms of time, place, and manner of expression, but not on the substance of that expression.
Tarnow also examined Dean's article and determined that there was not a "significant disparity in quality between Dean's article in the Arrow and the similar articles in 'professional newspapers.'" In addition to these two factors, the judge decided that the school had censored the article in its own interest, by preventing the expression of its viewpoint, and then claiming it was "inaccurate."
United States constitutional law
United States constitutional law is the body of law governing the interpretation and implementation of the United States Constitution.- Introduction :United States constitutional law defines the scope and application of the terms of the Constitution...
, namely on how the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
applies to censorship
Censorship
thumb|[[Book burning]] following the [[1973 Chilean coup d'état|1973 coup]] that installed the [[Military government of Chile |Pinochet regime]] in Chile...
in a public school environment. The case expanded on the ruling definitions of the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
case Hazelwood v. Kuhlmeier
Hazelwood v. Kuhlmeier
Hazelwood School District et al. v. Kuhlmeier et al., was a decision by the Supreme Court of the United States, which held that public school curricular student newspapers that have not been established as forums for student expression are subject to a lower level of First Amendment protection...
, in which a high school journalism-oriented trial on censorship limited the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
right to freedom of expression in curricular student newspapers. The case consisted of Utica High School Principal Richard Machesky ordering the deletion of an article in the Arrow, the high school's newspaper, a decision later deemed "unreasonable" and "unconstitutional" by District Judge Arthur Tarnow.
Case overview
After receiving a tip that her school district in UticaUtica, Michigan
Utica is a city in Macomb County in the U.S. state of Michigan. The population was 4,577 at the 2000 census. The 2008 Census Bureau Estimate places the population at 4,924.- History :...
, Michigan
Michigan
Michigan is a U.S. state located in the Great Lakes Region of the United States of America. The name Michigan is the French form of the Ojibwa word mishigamaa, meaning "large water" or "large lake"....
was being sued by a husband and wife who claimed that the diesel fumes from school buses (which regularly idled in the neighborhood for very extended periods of time) had contributed to the husband's lung cancer
Lung cancer
Lung cancer is a disease characterized by uncontrolled cell growth in tissues of the lung. If left untreated, this growth can spread beyond the lung in a process called metastasis into nearby tissue and, eventually, into other parts of the body. Most cancers that start in lung, known as primary...
and similar illnesses, Arrow sports editor Katy Dean, a junior, researched and wrote a story to be printed in the newspaper on the issue. Dean had contacted school and town officials who declined to comment, as noted in the story. Dean also included several scientific studies on the carcinogenic exposure to diesel
Diesel exhaust
Diesel exhaust is the exhaust gas of a diesel engine....
fumes.
On March 7, 2002, Utica High School Principal Richard Machesky asked the Arrow advisor, Gloria Olman, to cut the story along with the adjoining cartoon and editorial, at the time claiming it was based on "unreliable" sources and was "highly inaccurate." After a year of asking school officials to reconsider their decision, Dean filed a lawsuit against the school district in federal court.
On October 12, 2004, Judge Arthur Tarnow determined that the "Spectrum" was an example of a limited public forum after reviewing the degree of control school officials exercised over the paper, which ultimately separated this case from the decision expressed in Hazelwood. A limited public forum—in this context, a public forum created for use by student editors—can reasonably be regulated in terms of time, place, and manner of expression, but not on the substance of that expression.
Tarnow also examined Dean's article and determined that there was not a "significant disparity in quality between Dean's article in the Arrow and the similar articles in 'professional newspapers.'" In addition to these two factors, the judge decided that the school had censored the article in its own interest, by preventing the expression of its viewpoint, and then claiming it was "inaccurate."
See also
- Environmental journalismEnvironmental journalismEnvironmental journalism is the collection, verification, production, distribution and exhibition of information regarding current events, trends, issues and people that are associated with the non-human world with which humans necessarily interact...
- Tinker v. Des Moines
- Bethel v. Fraser
- Hazelwood School District v. Kuhlmeier