Expert: Michael Troy - 10/24/2007

Question
My question involves the authority of a public high school, specifically a yearbook advisor, to censor school photos represented in the yearbook. The advisor has threatened to delete several club pictures from the yearbook without the support of the student staff and without informing the student body. Her reason is not based on any breach of school rules or due to any lewd or offensive material, but simply because she doesn't think any clubs other than academic clubs should be represented. She has specifically targeted  a Harry Potter Fan Club, Ping Pong, and even a new community service Medical Club. Her reasoning is that social clubs, without any scholastic purpose, should be deleted. However, the club pictures have already been taken, so many of the students will be shocked when on distribution day they do not see their club photos.

Has this advisor over stepped her authority? Does free speech apply, since the material is not offensive?

Answer
Hi Charlie,

As a former high school yearbook staffer myself, it certainly sounds like the advisor is overstepping her appropriate bounds.  An advisor should advise but leave editorial decisions like this up to the editor.

That said, there have been several Supreme Court decisions holding that school newspapers are run by the school and the school administrators are entitled to control content in ways that a government official could not do against a private paper.  I suspect a court would apply the same standard to a yearbook.

I hope this helps!
- Mike