The New York Times-20080129-Student Dispute Threatens Montclair State-s Paper

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Student Dispute Threatens Montclair State's Paper

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In a rancorous dispute that has pitted student journalists against student government, the editors of Montclair State University's weekly newspaper were forced to stop publishing last week after the student body president froze the paper's financing.

The editors of the paper, The Montclarion, claim that the president, Ron Chicken, improperly used his authority, cutting off the newspaper's funds to silence criticism of the student government.

The student body president, however, told the Montclarion's editors that they had violated the by-laws of the student government association by hiring their own lawyer.

On the bruising civic proving ground of higher education, there is nothing novel in the fight between the editors of a college paper and the student legislators they cover.

Those battles are usually fought on the editorial page, said Frank LoMonte, the executive director of the Student Press Law Center in Arlington, Va. It is unusual to take this extreme step of pulling the plug on funding.

The dispute started in November, when The Montclarion's editor in chief, Karl de Vries, protested at a meeting of the student government that it kept some of its sessions closed to the press. Before that meeting, a lawyer retained by The Montclarion had advised the student journalists about their rights under a state open meetings law.

After Mr. de Vries spoke, Mr. Chicken demanded copies of correspondence between the lawyer and the newspaper, Mr. deVries said in an interview, adding that he refused to provide it. The next day, Mr. Chicken sent a letter to the lawyer -- whose fees were paid with student funds -- firing him.

Mr. Chicken did not return several phone calls seeking comment.

Mr. de Vries said that in the weeks that followed, Mr. Chicken continued to demand copies of communications between the lawyer and the paper, and The Montclarion started publishing articles and editorials criticizing Mr. Chicken.

Last week, the student government association sent word to The Montclarion's printer, RFM Printing in Wall Township, N.J., that it should not publish the Jan. 24 issue of the paper.

I never imagined it would go this far, said Shayna Jacobs, The Montclarion's news editor, as she prepared articles -- on a campus rally for Hillary Rodham Clinton, and on local road improvements -- for this week's issue, which might never run.

Stopping the presses is a worst-case scenario, she said. For now, The Montclarion continues to appear online.

Mr. LoMonte said that even though universities or their agents -- like student governments -- are prohibited from censoring student publications, attempts are often made to get around the rules, by withholding financing, for instance.

The few courts that have reached a final decision have held unanimously that you cannot censor through personnel moves, through funding or through threats, he said.

A student legislator, Bryan Fucetola, said that the decision to cut off the paper's financing had nothing to do with censorship. To have representation, they needed the approval of the S.G.A., he said, referring to the student government association. This wasn't repression.

He added: Both parties are working towards a win-win compromise.

The school's administrators have offered to mediate the dispute but, sensing a teachable moment, have not intervened.

We want our students to experience leadership and conflict resolution, said Minne Ho, a university spokeswoman. This is a very good learning lab.

For the editors at The Montclarion, it is also an expensive lesson, Mr. de Vries said. The paper receives roughly $33,000 in student financing and raises about $60,000 from outside advertisers, he said. The cancellation of last week's issue could mean the loss of thousands of dollars in advertising, and by Monday night, he and his editors still had no idea whether they would publish the paper this week.

For Mr. de Vries, an English major who plans to work in journalism when he graduates, the standoff has provided a sharp lesson in the relationship between journalists and their government.

I think the staff understands what's at stake, and why it's important for us to hold our ground, he said. They're prepared to see this through to the end.

[Illustration]PHOTO: Shayna Jacobs, news editor of The Montclarion, Montclair State University's paper, did not know if this week's issue would run. (PHOTOGRAPH BY MICHELLE V. AGINS/THE NEW YORK TIMES)