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Re: newspapers on school grounds
- Subject: Re: newspapers on school grounds
- From: Peter Farruggio <pfarr@UCLINK4.BERKELEY.EDU>
- Date: Sat, 8 Sep 2001 09:21:06 -0700
- In-reply-to: <Pine.LNX.3.96.1010908081001.15683D-100000@iris.host4u.net>
- Reply-to: Assessment Reform Network Mailing List <ARN-L@LISTS.CUA.EDU>
- Sender: Assessment Reform Network Mailing List <ARN-L@LISTS.CUA.EDU>
My understanding of this comes from many years of dealing with federal
labor law to guarantee workers' rights. The rule of thumb about workplaces
and the press has always been "in non-working areas during non-working
times" This means that it is protected activity to distribute leaflets,
newspapers, etc and to talk to the press in a breakroom (or other
non-working area) while one is on a break, or before or after working hours.
Any school employee should be able to exercise this right. There might be
a loophole for the employer (eg, the principal) if it can be proven that
the presence of the press is a disruption of the operation of the
business. But how would a reporter, even with a loud, flashy film crew,
interfere with the education of children if the activity were confined to
the teachers' lounge, or some other non-work area? Such a blanket
restriction sounds like a First Amendment violation as well as a worker's
rights issue. This would be a case where you WANT to be interviewed
(workers' rights) and the reporter WANTS to interview you (freedom of press).
Some cautions: the classroom may be considered a "work area" even when
students are not present, and even when the teacher is not on paid time
(before 8:00, after 3:00), I don't know. Teacher prep time is "working
time." EVERY visitor must get permission from the principal to enter the
campus...it would be a policy of blanket refusal that would be a violation
of the teacher's rights; but you can't just have someone sneak on
campus. In these cases, it would have to be fought out first to establish
your rights.
I don';t know if there are other parts of the law that give special
exclusionary rights to schools to permanently bar the press. Doesn't sound
democratic to me.
Sorry to play "jailhouse lawyer," but these rights were won for all
workers in the US by many years of union organizing and struggles, and we
shouldn't abandon them. As a dues-paying member, you should demand that
your teachers' union reps set the principal straight about your (and
others') rights.
Pete Farruggio
At 06:11 AM 9/8/01, you wrote:
meet her off school grounds and then set it up with the kids and their
parents to also meet the reporter off school grounds. the principal cant
stop this.
if the kids want to do this then fine. it may be risky, but without risk,
well, we deserve waht we get.
good luck.
tednellen
On Fri, 7 Sep 2001, Teresa or Jeff Glenn wrote:
> i spoke with a reporter doing a story on high stakes testing and its impact
> on minority/ at-risk students yesterday. she'd like to come visit me for a
> day. my principal says no...
>
> isn't there a responsibility for the principal to allow the public into the
> school? or does she not count because she might say bad things about the
> school? and if we're afraid that she might, what does that say about our
> confidence in ourselves?
>
> i really want her to visit-- i think it would also be wonderful for my
kids.
> any thoughts?
>
> teresa g in nc, one handed typist
>
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Ted Nellen 8-) ted@tnellen.com
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