First Amendment for Me, But Not for Thee

A high school newspaper in Manhattan recently added a new and prestigious editor to its staff: Supreme Court Justice Anthony Kennedy. Adam Liptak of the New York Times reports:

It turns out that Justice Anthony M. Kennedy, widely regarded as one of the
court’s most vigilant defenders of First Amendment values, had provided the
newspaper, The Daltonian, with a lesson about journalistic independence. Justice
Kennedy’s office had insisted on approving any article about a talk he gave to
an assembly of Dalton high school students on Oct. 28.
Kathleen Arberg, the
court’s public information officer, said Justice Kennedy’s office had made the
request to make sure the quotations attributed to him were accurate.

The justice’s office received a draft of the proposed article on Monday and returned it to the newspaper the same day with “a couple of minor tweaks,” Ms. Arberg said. Quotations were “tidied up” to better reflect the meaning the justice had intended to convey, she said.

I’m all for being tidy — and, for all his faults, Kennedy has indeed been friendly to the First Amendment (if not to student speech rights in the “Bong Hits for Jesus” case, Morse v. Frederick) – but public figures don’t usually get to change a story to “better reflect” the intent of their words.

Frank D. LoMonte, the executive director of the Student Press Law Center,
questioned the school’s approach. “Obviously, in the professional world, it
would be a nonstarter if a source demanded prior approval of coverage of a
speech,” he said. Even at a high school publication, Mr. LoMonte said, the
request for prepublication review sent the wrong message and failed to
appreciate the sophistication of high school seniors.

While this is hardly a major scandal — and it’s not unusual for justices to exclude the press entirely from public appearances — Kennedy’s use of a judicial editor’s pen does support the general feeling that students don’t always get a fair shake when it comes to their constitutional rights. As I said about an unrelated case in which Cato filed a brief last week (quoting the landmark Tinker case), students shouldn’t have to “shed their constitutional rights to freedom of speech… at the schoolhouse gate” — especially when a man charged with protecting those rights comes to talk to them about the importance of law and liberty.

H/T: Jonathan Blanks CP: Cato's blog