Raines, TBR to discuss creation of newspaper policy
By: Stacia Doss
Issue date: 11/17/09 Section: News
Even though the paper is free to students, some legal experts have confirmed that trashing newspapers is a crime.
Adam Goldstein, attorney advocate with the Student Press Law Center in Washington, D.C., said taking and destroying the newspapers is considered theft.
"The fact that (the newspaper) is given away doesn't mean that it doesn't have value," he said. "Owners can do what they want in the distribution of their property, but that gives others no right to steal it."
The total financial value of the Thursday issue, not including the salaries of reporters and editors, was $1,925, which included advertising and printing costs, said Bob Willis, business and advertising manager for The Daily Helmsman.
After Police Services' decision, several U of M officials began seeking methods for punishing such actions.
Joseph Hayden, associate professor of journalism, sent an e-mail to Police Services last week complaining about their failure to take criminal action against Jennifer Burton.
"This was a difference in legal opinion, and we're hoping to resolve it, " he said. "This is more than just a civil law because the act hurts not only an individual, (but also) society."
Similar cases at several schools across the country have resulted in successful criminal prosecutions for newspaper theft.
In 2003, Berkeley, Calif., Mayor Tom Bates was fined for his role in trashing 1,000 copies of the student newspaper of the University of California at Berkeley, which carried an editorial endorsement of his mayoral opponent.
But some U of M faculty said there is more at stake than the violation of criminal or civil laws. Burton's actions violated the First Amendment to the U.S. Constitution, according to several journalism professors.
David Arant, chair of the journalism department, said he has contacted both the Commercial Appeal media law attorney Lucian Pera and the Tennessee Press Association, among other sources, concerning the issue of the student newspaper's being trashed.
"The public thinks that just because it's free, they can throw it away, but this is silencing free speech," he said. "We cannot afford for this to happen again, and I know we can come up with a way to stop students and others from disposing of press runs."
Adam Goldstein, attorney advocate with the Student Press Law Center in Washington, D.C., said taking and destroying the newspapers is considered theft.
"The fact that (the newspaper) is given away doesn't mean that it doesn't have value," he said. "Owners can do what they want in the distribution of their property, but that gives others no right to steal it."
The total financial value of the Thursday issue, not including the salaries of reporters and editors, was $1,925, which included advertising and printing costs, said Bob Willis, business and advertising manager for The Daily Helmsman.
After Police Services' decision, several U of M officials began seeking methods for punishing such actions.
Joseph Hayden, associate professor of journalism, sent an e-mail to Police Services last week complaining about their failure to take criminal action against Jennifer Burton.
"This was a difference in legal opinion, and we're hoping to resolve it, " he said. "This is more than just a civil law because the act hurts not only an individual, (but also) society."
Similar cases at several schools across the country have resulted in successful criminal prosecutions for newspaper theft.
In 2003, Berkeley, Calif., Mayor Tom Bates was fined for his role in trashing 1,000 copies of the student newspaper of the University of California at Berkeley, which carried an editorial endorsement of his mayoral opponent.
But some U of M faculty said there is more at stake than the violation of criminal or civil laws. Burton's actions violated the First Amendment to the U.S. Constitution, according to several journalism professors.
David Arant, chair of the journalism department, said he has contacted both the Commercial Appeal media law attorney Lucian Pera and the Tennessee Press Association, among other sources, concerning the issue of the student newspaper's being trashed.
"The public thinks that just because it's free, they can throw it away, but this is silencing free speech," he said. "We cannot afford for this to happen again, and I know we can come up with a way to stop students and others from disposing of press runs."