"The question is who has the right to pull a publication, thus censoring, stopping the dissemination of information." Jill Nunokawa Attorney and UH Civil Rights Counselor

Continued from previous page:

TO REVIEW OR
NOT TO REVIEW

Also at the forefront of the handbook battle is the issue of prior review -- the right of the university to inspect the handbook prior to publication.

In the middle of September, Alan Yang, dean of students, sent a memorandum to UH President Kenneth Mortimer which explained what steps BOP and CAPS were taking to insure quality control.

According to the memorandum, the current handbook editor was required to sign a memorandum of agreement "which provides for clearer expectations and responsibilities for submitting copy at specified deadlines."

Also, it mentions that a permanent, full-time editorial adviser was recently hired. The position had been vacant since last May, until current editorial adviser Jay Hartwell was hired.

"This individual's responsibilities include a thorough review of all copy prior to publication," stated the memorandum.

Finally, it stated the BOP would be working to establish policy "to clarify the nature of the Student Handbook as a service publication rather than a free speech forum. This clarification should address potential claims of censorship should the Board feel the need to mandate additional corrections."

However, Iezza and Nunokawa challenged the legality of applying prior review to the handbook.

Nunokawa showed BOP members copies of its official website. The section of the website that deals with the handbook stated "all content and artistic expression of the student handbook are the responsibility of the editor."

"All the way to the Supreme Court -- state and U.S. -- they are going to back up the rights of the student editor in this case," she said. "The bottom line is, what are the basic civil rights that people have? At this school, as a student, she (Iezza) has certain rights. She has her First Amendment rights as a student editor."

The introduction to the website also stated the primary role of the BOP is to "regulate the budgeting and spending of student funds by the various programs and to ensure equitable opportunities for student participation."

The introduction also stated while the board can establish certain broad policies, it "cannot legally regulate editorial content in any of the publications -- the sole perogative of the student editors."

Brislin told Iezza that Yang's letter was not from the board.

Associated Students of the University of Hawai`i President C. Mamo Kim was pleased with the meeting.

"It seems to me we won a victory," she said. "Students will either maintain control or the administration will have to pay for it."

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