Hosty v. Carter

Last updated
Hosty v. Carter
Seal of the United States Court of Appeals for the Seventh Circuit.svg
Court United States Court of Appeals for the Seventh Circuit
Full case nameMargaret L. HOSTY, Jeni S. Porche, and Steven P. Barba, Plaintiffs-Appellees, v. Patricia CARTER, Defendant-Appellant, Governors State University, et al., Defendants.
Decided June 20, 2005
Case history
Related action(s) Hazelwood v. Kuhlmeier
Court membership
Judge(s) sitting Joel Martin Flaum, Richard Posner, John Louis Coffey, Frank H. Easterbrook, Kenneth Francis Ripple, Daniel Anthony Manion, Michael Stephen Kanne, Ilana Rovner, Diane Pamela Wood, Terence T. Evans, Ann Claire Williams

Hosty v. Carter was a 2005 decision by the United States Court of Appeals for the Seventh Circuit that limited the free press rights of college newspapers.

United States Court of Appeals for the Seventh Circuit

The United States Court of Appeals for the Seventh Circuit is a federal court with appellate jurisdiction over the courts in the following districts:

Freedom of the press or freedom of the media is the principle that communication and expression through various media, including printed and electronic media, especially published materials, should be considered a right to be exercised freely. Such freedom implies the absence of interference from an overreaching state; its preservation may be sought through constitutional or other legal protections.

Contents

Background

In October 2000, the editor of Governors State University's student newspaper, The Innovator, was told by Dean Patricia Carter to hold future issues until they were approved of by a school administrator, because it had published stories and editorials critical of the administration. This was done despite a policy stating that student newspaper staff would "determine content and format of their respective publications without censorship or advance approval." [1]

Governors State University public university in Illinois, USA

Governors State University is a public university in University Park, Illinois. The 750 acres (3.0 km2) campus is located 30 miles (48 km) south of Chicago, Illinois. GSU was founded in 1969. GSU is a comprehensive public university with a broad curriculum, offering degree programs at the undergraduate, master's, and doctoral levels. GSU has four colleges: the College of Arts and Sciences, the College of Business, the College of Education, and the College of Health and Human Services.

Journalists Margaret Hosty, Jeni Porche, and Steven Barba filed suit against the University and Dean Carter in January 2001. A federal district court allowed the case to go forward in November 2001. The school appealed in early 2002. [2]

Holding

The court of appeals held that college newspapers could be subject to the same amount of school control allowed under Hazelwood v. Kuhlmeier (1988) for high school newspapers.

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References

  1. First Amendment Center, Case Summary for Hosty v. Carter
  2. Student Press Law Center, Hosty v. Carter Information Page