University of Utah administrators have lifted academic holds on nine graduating student journalists after concluding their vulgar year-end prank involving the Utah Daily Chronicle did not violate the student code.
The nine students used large capital letters on their farewell columns in the newspaper's last issue of year on April 28 to spell out "penis" and a slang term for female genitalia.
While the prank was obvious to anyone looking at the facing pages on which the columns appeared, it took a week for administrators to notify the students that the stunt may have run afoul of the code.
E-mails from the administration received by the students just days before the May 7 commencement said the prank could be considered an "intentional disruption or obstruction of teaching, research, administration, disciplinary proceedings or university activities" and "unauthorized or improper use of any university property, equipment, facilities or resources."
The stunt, which followed a 10-year tradition by senior Chronicle staffers of imbedding racy language in the final issue each year, was roundly criticized by the newspaper's faculty adviser, but the threat of sanctions raised press-freedom concerns.
Adam Goldstein, attorney advocate for the Student Press Law Center, claimed withholding diplomas or transcripts violates the First Amendment.
"The problem was pretending that this was a violation of student code of conduct. If speech is a violation of the code then the code of conduct is unconstitutional," said Goldstein, who sent a letter to U. administrators on the students' behalf. "I get they don't like it and it's a goofy tradition, but what tradition isn't goofy? No one runs with the bulls in Spain because it's good cardio. Nobody really pulls a groundhog out of the ground to check the weather."
The students were instructed to meet with the U.'s associate dean of students, Lori McDonald. On May 21 they received e-mails from her clearing them of misconduct.
"I appreciate your reflections on this entire situation and hope that you may consider what you may have learned from this incident when faced with similar circumstances in the future," McDonald wrote editor Rachel Hanson, who participated in the prank.
