Legacy
Under the First Amendment, school officials can censor non-forum student newspapers when they can justify their decision by stating an educational purpose. However, this decision does not allow school officials to censor articles wantonly or based on personal opinion, as shown in Dean v. Utica.
However, it is important to note that seven states have passed laws guaranteeing that all student newspapers have the right to publish freely.. These states include Arkansas, California, Colorado, Iowa, Kansas, Kentucky, Massachusetts and Oregon. The Hazelwood standard does not apply to student newspapers in these states; with limited exceptions, student editors control the content.
In 2005, the Seventh Circuit Court of Appeals decided Hosty v. Carter, which applied Hazelwood to college newspapers. That decision currently applies only to colleges in Wisconsin, Illinois, and Indiana. College publications in other states retain strong First Amendment protection. Similarly, in 2012, the Sixth Circuit Court of Appeals, in the case of Ward v. Polite et al. held that college students have a reduced level of First Amendment protection, as per Hazelwood.
Read more about this topic: Hazelwood V. Kuhlmeier
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