Kincaid v. Gibson

191 F.3d 719, 1999 WL 691835
CourtCourt of Appeals for the Sixth Circuit
DecidedSeptember 8, 1999
DocketNo. 98-5385
StatusPublished
Cited by14 cases

This text of 191 F.3d 719 (Kincaid v. Gibson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kincaid v. Gibson, 191 F.3d 719, 1999 WL 691835 (6th Cir. 1999).

Opinions

NORRIS, J., delivered the opinion of the court, in which RYAN, J., joined. COLE, J. (pp. 730-32), delivered a separate opinion concurring in part and dissenting in part.

OPINION

ALAN E. NORRIS, Circuit Judge.

Plaintiffs Charles Kincaid and Capri Coffer challenge Kentucky State University (“KSU”) officials’ ban on the distribution of KSU’s 1992-94 yearbook and the officials’ alleged attempt to influence the content of the school newspaper. Plaintiffs appeal the district court’s grant of defendants’ motions to dismiss and for summary judgment. We affirm the judgment of the district court.

[722]*722I.

Charles Kincaid is currently a student at Kentucky State University. During the occurrence of the events underlying this action, Kincaid was a consumer of and contributor to The Thorobred News, the KSU student newspaper, and purchased The Thorobred yearbook at issue. Capri Coffer was at all relevant times a KSU student, a staff writer for, and consumer of, the student newspaper, and an editor and purchaser of the yearbook.

KSU is a state-funded public university. The KSU student newspaper and yearbook are operated on, and by means of, KSU property and are funded by the university, the yearbook at least partially by some portion of a mandatory $80.00 student activities fee. Payment of this fee entitles a student to a copy of the yearbook. Both publications are subject to oversight by the Student Publications Board, on which sits (among others) the editors of the newspaper and yearbook, the Vice-President for Student Affairs, and the Student Publications Coordinator. The Board’s functions are to select the editors and staff for each of the student publications, arrange seminars for journalism education, provide the publications with counsel, and approve the written publications policy of each student publication, including such items as purpose, size, quantity controls, and time, place, and manner of distribution.

At the time of the events giving rise to this action, the Student Publications Board had not yet adopted a governing policy detailing the scope of its oversight of student publications.1 The only written indication of the University’s intent in this regard may be found in the KSU student handbook, under a section entitled “Student Publications.”

The Board of Regents respects the integrity of student publications and the press, and the rights to exist in an atmosphere of free and responsible discussion and of intellectual exploration. The Board expects student editors and faculty advisors to adhere to high standards of journalistic ethics and the highest level of good taste and maturity in the integrity, tone and content of student publications.

Student Publications Board

The Thorobred News (Student Newspaper) and the Thorobred yearbook shall be under the management of the Student Publications Board. Though both publications are subsidized by the University, it is the intent that both shall be as free of censorship as prevailing law dictates.
The Student Publications Board shall:
1. Approve the written publications policy of each student publication, including such items as purpose, size, quantity controls, and time, place and manner of distribution;
2. Set qualifications for and (upon nomination by the Student Publications Advisor), appoint the editor of each publication who shall serve for a one-year term, unless reappointed or removed by the Board for cause;
3. Set qualifications for and appoint staff members for each publication upon nomination of its editor with concurrence of the Student Publications Advisor, also, remove any of these staff members for cause;
4. Arrange seminars for student publications personnel with skilled publications experts for discussion of reporting, editing, and other journalistic techniques;
5. Provide the Thorobred News and Thorobred yearbook staffs with counsel, and encourage them to maintain for fiscal, news and editorial responsibilities.
[723]*723In subsidizing the Thorobred News through the Student Publications Board, the University expects the newspaper to maintain at least these two standards of quality control.
1. Report accurately and fairly newsworthy campus events; and
2. Pursue important news events to make sure they are reported and commented upon on the editorial pages with comprehension and full understanding of the facts.
Since the Thorobred News is not an “official” organ of the University, the Student Publication Board shall cause to be inserted in the masthead a standing and distinct disclaimer indicating that the views expressed are not necessarily those of the University, but rather are those of the named student author, editor or board of editors. In setting qualifications for the editors of the newspaper and yearbook, the Board shall include a sufficiently high academic average or the successful completion of a basic journalism course, or both. To assure that the newspaper and yearbook is not overwhelmed by ineptitude and inexperience, the Board shall require the use of an experienced advisor. In order to meet responsible standards of journalism, an advisor may require changes in the form of materials submitted by students, but such changes must deal only with the form or the time and manner of expressions rather than alteration of its content.
It is the responsibility of the editor to verify the accuracy of all printed matter, and to recognize that he/she will be subject to the legal exigencies that may arise from improper reporting of news.

Plaintiff Capri Coffer was the editor in charge of the 1992-94 yearbook. Although she was at first assisted by several other yearbook staff members, those members soon dropped out, leaving the sizeable task of creating the two-year Thorobred to Coffer. Coffer decided to structure the book around the theme “Kentucky State: Destination Unknown.” She selected this theme because, in her words, “it was a commentary [on] just about everything that was happening at the University and within the lives of the students.... It was about ... saying where are we going in our lives.... Destination Unknown, where am I going to be in five years from now[?] Where am I going to be ten years from now[?]” Coffer also chose to include a collection of photographs that depicted not only the goings-on at Kentucky State University, but current events in the community and around the world. Finally, Coffer chose a purple cover for the yearbook rather than the university colors of gold and green. Although it was not the first time the yearbook had been clad in non-university colors, Coffer explained that “we want[ed] to do something different. We wanted to bring Kentucky State University into the nineties.... I wanted to present a yearbook to the student population that was what they ha[d] never seen before.”

When the final copies of the yearbook arrived at KSU, defendant Betty Gibson, then Vice-President for Student Affairs, was displeased with the results of Coffer’s efforts.

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Bluebook (online)
191 F.3d 719, 1999 WL 691835, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kincaid-v-gibson-ca6-1999.