Tag: VICTORY

  • VICTORY: University of Wyoming administrators reject student government’s proposal to slash media funding

    VICTORY: University of Wyoming administrators reject student government’s proposal to slash media funding

    Administrators at the University of Wyoming have agreed to cut student media funding by only 8.5%, repudiating a censorial student government proposal to punish student media by cutting the funding by 75% because students “don’t like” student newspaper the Branding Iron’s editorial choices. The change came after FIRE wrote to the university, explaining that the proposed funding cut was based on the content of the student newspaper, flagrantly violating the First Amendment.

    On Nov. 19, the Associated Students of the University of Wyoming passed a resolution recommending a drastic 75% cut to the fee that funds student media, including the student newspaper Branding Iron. The resolution, drafted by the Tuition Allocation and Student Fee Review Committee, cited staffing challenges, the quantity of advertising, and supposed “errors” in content as reasons for the cut. During the debate, several senators made their true motivations plain, tying their votes to personal distaste for the Branding Iron’s editorial choices, writing quality, and student opinions.

    When they distribute student fee funding, student government members exercise state power. The First Amendment bars the government, and the students to whom it delegates its power, from taking away resources based on the content of a media outlet’s expression. For good reason.

    Student media often have to write critical stories about their peers, administrators, and student government officials. So it goes when serving as a check on power, but that work would be nigh impossible without the First Amendment’s guarantee that citizens cannot be retaliated against for what they say. Cutting funding based on content impairs student journalists’ ability to confidently report on the world around them, and FIRE has beat back similar efforts across the country.

    Student media is the microphone that makes sure all these voices are heard. And FIRE is here to make sure that mic is never cut off.

    Though several student senators argued they had no “vendetta” against the student paper, their reliance upon opinions about the content of student media was enough to render their decision content-based. And any content-based restriction, however innocuous the stated motivation, must be regarded with a jaundiced eye lest those in power go unchecked.

    Thanks to FIRE’s efforts, student journalists at UW are back to covering events in their community and beyond.

    Having such dedicated staff on the local beat is especially important in places like Wyoming, where there are fewer outlets to cover local issues.

    “When we look at the University of Wyoming, and we consider that it is the only four year university in our entire state, our student media’s impact is so much more important,” said Branding Iron editor-in-chief Ven Meester. “We are a college campus in one of the reddest states in the nation. From student organizations, to speakers, to community events, we have an exceptional amount of political diversity.”

    Student media is the microphone that makes sure all these voices are heard. And FIRE is here to make sure that mic is never cut off.


    FIRE defends the rights of students and faculty members — no matter their views — at public and private universities and colleges in the United States. If you are a student or a faculty member facing investigation or punishment for your speech, submit your case to FIRE today. If you’re a faculty member at a public college or university, call the Faculty Legal Defense Fund 24-hour hotline at 254-500-FLDF (3533). If you’re a college journalist facing censorship or a media law question, call the Student Press Freedom Initiative 24-hour hotline at 717-734-SPFI (7734).

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  • VICTORY: FIRE lawsuit leads California to halt law penalizing reporters, advocates, and victims who discuss publicly known information about sealed arrest records

    VICTORY: FIRE lawsuit leads California to halt law penalizing reporters, advocates, and victims who discuss publicly known information about sealed arrest records

    SAN FRANCISCO, Dec. 19, 2024 — A federal court, acting on a stipulation agreed to by the California attorney general and San Francisco city attorney, today halted enforcement of a California law that officials deployed to suppress journalism about a controversial tech CEO’s sealed arrest records. 

    Under the law, any person — including journalists, advocates, witnesses, and victims of crimes — faced a civil penalty of up to $2,500 for sharing public information. The court order results from a First Amendment lawsuit filed by the Foundation for Individual Rights and Expression in November, which led the California attorney general and San Francisco city attorney to agree not to enforce the law while the lawsuit is pending.

    “The press and public have a constitutional right to discuss what’s publicly known,” said FIRE attorney Adam Steinbaugh. “Government officials can’t punish the press and public when officials fail to safeguard information. That responsibility starts and ends with the government.”

    In October 2023, journalist Jack Poulson published articles about a controversial tech CEO’s arrest, sharing a copy of the arrest report sent to him by an unidentified source. The San Francisco Police Department had previously made that report public, even though the executive had successfully petitioned a state court to seal the record. 

    Almost a year after Poulson published the report, the city attorney of San Francisco — working with the tech executive — sent three letters to Poulson and his webhost, Substack, demanding they remove articles and the sealed report. Those letters threatened enforcement of California’s anti-dissemination statute, Penal Code § 851.92(c). The law imposes a civil penalty of up to $2,500 on any person (except the government officials charged with maintaining the secrecy of sealed records) who shares a sealed arrest report or any information “relating to” the report — even if the information is already publicly available.

    Concerned by the implications of the statute, FIRE sued the San Francisco city attorney and the California attorney general on behalf of the Bay Area-based First Amendment Coalition, its Director of Advocacy Ginny LaRoe, and legal commentator Eugene Volokh. Each regularly comments on censorship campaigns precisely like the one the tech CEO and city attorney launched against Paulson and Substack. But the anti-dissemination statute prohibited them from covering the CEO story, even though the information has been publicly available for over a year.

    Today, the court entered a preliminary injunction agreed to by both California and the city attorney that prohibits them from enforcing the law with respect to publicly available information. 

    The preliminary injunction protects not only FAC and Volokh, but anyone — including journalists like Poulson — who publishes information made available to the public. 

    “Discussing and sharing lawfully obtained information about arrests is not a crime — it’s a core First Amendment right,” said FIRE Staff Attorney Zach Silver. “The rich and powerful shouldn’t have the luxury of deploying the government to put their skeletons back in the closet. By standing up for their own rights, the First Amendment Coalition and Eugene Volokh have helped to protect others from facing legal action under California’s anti-dissemination law.”

    The Foundation for Individual Rights and Expression (FIRE) is a nonpartisan, nonprofit organization dedicated to defending and sustaining the individual rights of all Americans to free speech and free thought — the most essential qualities of liberty. FIRE educates Americans about the importance of these inalienable rights, promotes a culture of respect for these rights, and provides the means to preserve them.

    CONTACT:

    Jack Whitten, Communications Campaign Specialist, FIRE: 215-717-3473; media@thefire.org

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