FAQ

First Amendment Center (5)

View category →

The Freedom Forum Institute’s First Amendment Center does not provide legal representation and does not fund litigation. We’re a nonprofit organization focused on education and information about First Amendment issues.

No, you need a qualified attorney for that. Laws differ from state to state. Martindale, Findlaw and other online legal services offer ways to find lawyers by specialty where you live. However, the information posted on our site may help you and your attorney. Use the search engine for topics or terms that interest you.

No. We are an educational organization. We provide information and sometimes expert testimony that members of Congress or others may find useful, but we do not lobby.

Our website has a wealth of information that may be useful in your project. Search the site for your topic and other terms that interest you. If you quote or paraphrase our information, be sure to cite where you obtained it.

Yes, as schedules and duties permit, Freedom Forum Institute’s First Amendment Center experts speak to groups and conferences or participates in programs. Generally, the inviting group must fund travel-related expenses for the First Amendment Center participant. The Center welcomes invitations to participate in nonpartisan, educational events about First Amendment issues.

Free Spirit (11)

View category →

No. We require samples of writing, photography, audio, video or other media that were produced for publication or for classroom assignments.

All candidates will be notified by mail no later than mid-May 2019. Recipients will be required to sign an acknowledgment form to confirm their acceptance. Scholars’ names will be posted online in early June 2019.

No. Freedom Forum will pay all expenses for travel, lodging, ground transportation and meals for participants. Additional details will be sent to the winners.

The conference will be held June 16-21, 2018, at the Newseum. Scholars will stay in a Washington, D.C., area hotel.

The Close Up Foundation, which has been bringing high school students to Washington, D.C., for 30 years, will handle travel logistics. The foundation also will provide supervision and oversight of participants.

No. All scholars are required to participate in the entire conference. This is an inspiring opportunity to interact with distinguished journalists, visit newsrooms, tour Washington and share experiences with other Free Spirit Scholars.

Freedom of Speech (73)

View category →

School officials cannot pull books off library shelves simply because they dislike the ideas in those books. In Board of Education v. Pico, the Supreme Court ruled that school officials in New York violated the First Amendment by removing several books from junior high school library shelves for being too controversial.

The Court said the First Amendment protects students’ rights to receive information and ideas and that the principal place for such information is the library.

However, in Pico, the Supreme Court also said that school officials could remove books from library shelves if they were “pervasively vulgar.” The Court noted that its decision did not involve school officials’ control over the curriculum or even the acquisition of books for school libraries.

An offended person’s decision not to speak is hardly a reason to suppress the speech of others. Those who find an idea, epithet, literary work or other form of expression offensive can oppose, counteract and perhaps refute it with further speech — not by banning the speech deemed to be offensive.

As Justice Louis Brandeis said in a famous quote, “If there be time to expose through discussion the falsehood and fallacies, to avert the evil by the processes of education, the remedy to be applied is more speech, not enforced silence.”

States take different approaches to allocating time for public comments at public meetings, and courts across the country have provided some guidance on this issue. Most states do not expressly require, via statutes or legal precedent, time for public participation in public meetings, although it has become a customary practice to allow individuals to speak. Often in the case of school board meetings, members of the public are required to provide notice, or to register with the board well before the meeting, to be allowed to make a comment.

The Florida Supreme Court has recognized that public comments in open meetings are important in maintaining an open government. The court has stated that government bodies “should not be allowed to deprive the public of this inalienable right to be present and to be heard at all deliberations wherein decisions affecting the public are being made.” Board of Public Instruction of Broward County v. Doan, 224 So. 2d 693,699 (Fla. 1969). Furthermore, the Florida Code expressly provides that members of the public have a right to participate in local government meetings regarding land use, but the comment time can be regulated by the decision-making body. Fla. Stat. § 286.0115(2)(b).

California has a statute that requires public bodies to allow for public comments at meetings. Cal. Gov. Code § 54954.3(a). A California case provides legal precedent for when a public meeting is continued to a later date for some reason. In Chaffee v. San Francisco Library Commission, 115 Cal. Rptr. 3d 336 (Cal. App. 2004), a public meeting was continued to a later date after the meeting body lost its quorum to continue. A California citizen brought suit alleging that the state sunshine laws (or open-meeting laws) required public comments at every meeting of a public body, not just a comment section on each agenda. The California Court of Appeals in the 1st Appellate District held in favor of the public body by holding that public comments are mandated only once per agenda, not once per body meeting. Allowing for public comments at each meeting regarding the same meeting would cause a “surplusage,” the court said.

Some states, such as Wyoming, statutorily make it a right of a public body to prevent willful disruption of a meeting by removing anyone causing a disruption or by taking a recess. Wyo. Stat. § 16-4-406.

Many supporters feel that the flag is a unique symbol deserving of dignity and respect. To burn this object of veneration is akin to an “inarticulate grunt or roar” that is devoid of any meaningful speech, intended only to enrage others, and undeserving of free-speech protection. The supporters say that when so many other avenues exist for free expression, any burden on the First Amendment is too small to outweigh the desecration of the flag and the memories of the millions who have died for the liberty it represents.

Yes. Individuals are not subject to the rules and regulations concerning online campaign advertising. An individual may send unlimited personal emails on any political topic. There is no need even to identify yourself, and it is not necessary to state whether or not you have been authorized by a political party in sending the email.

Freedom of expression refers to the ability of an individual or group of individuals to express their beliefs, thoughts, ideas, and emotions about different issues free from government censorship. The First Amendment of the U.S. Constitution protects the rights of individuals to freedom of religion, speech, press, petition, and assembly. Some scholars group several of those freedoms under the general term “freedom of expression.”

Most state constitutions also contain provisions guaranteeing freedom of expression. Some provide even greater protection than the First Amendment.

Freedom of expression is essential to individual liberty and contributes to what the Supreme Court has called the marketplace of ideas. The First Amendment assumes that the speaker, not the government, should decide the value of speech.

Freedom of the Press (39)

View category →

Not from a First Amendment standpoint. The First Amendment limits what government in its various forms can do to restrict speech. Many individuals are subject to employment or other contracts that limit their right to speak freely. That’s a private matter.

The courts haven’t recognized that the news media have any constitutional guarantee of access to any particular scene. However, there are statutory rights in a few states and case law in others that protect press access from unreasonable restriction.

The courts have generally stood behind journalists who act reasonably in trying to get information — but courts have not protected those who blatantly disregard police orders. Courts have recognized under the First Amendment a press privilege to be left alone by the police, so long as the media do not unreasonably interfere with or obstruct police activity or risk their own personal safety. In Connell v. Town of Hudson, for example, a 1990 case in New Hampshire, a federal judge found that a news photographer had a First Amendment right to be at a car accident scene.

Under FCC rules, broadcast indecency is “language or material that, in context, depicts or describes, in terms patently offensive as measured by contemporary community standards for the broadcast medium, sexual or excretory organs or activities.” By “contemporary community standards,” the FCC means the standard “of an average broadcast viewer or listener, and not the sensibilities of any individual complainant.”

It’s the Health Information Portability and Accountability Act, a federal health-privacy law that went into effect in 2003.

Some states passed “right of reply” statutes to require newspapers that criticized candidates to give those candidates space to respond. In Miami Herald Publishing Co. v. Tornillo (1974), the U.S. Supreme Court said such statutes violated the First Amendment, because the government cannot compel a newspaper to publish information. “A responsible press is an undoubtedly desirable goal,” the Court said, “but press responsibility is not mandated by the Constitution, and like many other virtues, it cannot be legislated.”

No. HIPAA does not regulate what the press can report. But it does limit the kinds of information that hospitals and various government agencies can disclose.

Freedom of Religion (89)

View category →

The free-exercise clause of the First Amendment says the government may not prevent individuals from freely practicing their religious faith. Also, Title VII of the Civil Rights Act of 1964, the major federal anti-discrimination law that covers virtually all public and private employers with 15 or more full-time employees, generally prohibits an employer from discriminating against employees on the basis of race, color, sex, national origin or religion. Under Title VII, an employer must “reasonably accommodate” an employee’s religious practice unless doing so would create an “undue hardship on the conduct of the employer’s business.”

Congress didn’t define “reasonably accommodate” and “undue hardship,” so that was left to the courts. In the 1977 ruling Trans World Airlines v. Hardison, the Supreme Court said requiring an employer “to bear more than a de minimis (minimal) cost” to accommodate an employee’s religious practice is an undue hardship. In 1986, the Court ruled that an employer meets its obligation to reasonably accommodate an employee’s religious practice when it demonstrates that it has offered a reasonable alternative to work requirements interfering with faith. See Ansonia Board of Education v. Philbrook.

Generally, yes. Although schools are not required to open their facilities to any community group, when they do, all groups — including those with a religious viewpoint — must be treated the same (see Good News Club v. Milford Central School Dist., 2001). In fact, the Supreme Court has ruled unanimously that schools may not discriminate on the basis of religious viewpoint when making their facilities available to community groups during nonschool hours (see Lamb’s Chapel v. Center Moriches Union Free School Dist., 1993).

Schools may, of course, impose reasonable, content-neutral restrictions on the use of their facilities. For example, schools may decide when meetings may be held, how long they may last, whether they may continue during weeks or months when school is not in session, what maintenance fee must be paid, and what insurance might be required.

Some content-based restrictions may also be allowed. For example, schools may probably exclude for-profit, commercial businesses, even though community nonprofits are allowed to use school facilities after hours. They may also limit the use of the facilities to such things as “educational purposes,” but such distinctions may prove difficult to administer, as many groups may claim to meet the stipulated purpose.

Schools should be aware that the imposition of content-based restrictions could raise difficult constitutional questions. For example, the Supreme Court has held in Good News v. Milford that in the case of the Good News Club, a content-based restriction excluding religious worship and instruction amounted to impermissible viewpoint discrimination. School districts should be especially mindful to consult with legal counsel if they decide to draft content-based restrictions.

Court decisions on the issue generally fall into two categories.

Most courts hold that although schools may place some restrictions on distribution of religious materials by students, they may not ban them altogether. The courts base their decisions on the landmark case of Tinker v. Des Moines School District, which upheld the right of students to wear black armbands protesting the Vietnam War, even in a public school. Included in this right of free speech is not only the right to speak for oneself but also to distribute the writings (i.e., speech) of others. Thus, courts have generally upheld the rights of students to distribute non-school religious literature subject to the school’s right to suppress such materials if they create substantial disruption, harm the rights of other students or infringe upon other compelling interests of the school. Again, the Mergens decision makes clear that the fear of a First Amendment violation is not sufficient justification to suppress a student distribution of material that happens to be religious. Some states, such as California, have incorporated the majority view into their own state education codes.

A minority of decisions hold that schools can prohibit the distribution of any material that is not sponsored by the school. Of course, the ban must be applied even-handedly to all students. A school could not, for example, allow the distribution of political literature while barring religious publications. This is particularly evident in light of the Supreme Court’s 1990 decision in Westside Community Board of Education v. Mergens, upholding the federal Equal Access Act. Under this minority view, however, a blanket prohibition on all student distributions would be permissible.

Students from certain religious traditions may ask to be excused from classroom discussions or activities related to particular holidays. For example, holidays such as Halloween and Valentine’s Day, which are considered by many people to be secular, are viewed by others as having religious overtones.

Excusal requests may be especially common in the elementary grades, where holidays are often marked by parties and similar nonacademic activities. Such requests should be routinely granted in the interest of creating good policy and upholding the religious-liberty principles of the First Amendment.

In addition, some parents and students may make requests for excusals from discussions of certain holidays, even when these holidays are treated from an academic perspective. If these requests are focused on a limited, specific discussion, administrators should grant such requests, in order to strike a balance between the student’s religious freedom and the school’s interest in providing a well-rounded education.

Administrators and teachers should understand, however, that a policy or practice of excusing students from a specific activity or discussion may not be used as a rationale for school sponsorship of religious celebration or worship for the remaining students.

Yes. A student group may use school media — such as the public-address system, school paper, and school bulletin board — as long as other noncurriculum-related student groups are allowed to do so. Any policy concerning the use of school media must be applied to all noncurriculum-related student groups in a nondiscriminatory manner. Schools, however, may issue disclaimers indicating that extracurricular student groups are not school-sponsored or endor

Probably not, but current law is unclear on this point. Although the Equal Access Act does not apply to public schools below the secondary level, some courts have held that the free-speech clause protects the right of middle school or elementary school students to form religious or political clubs on an equal footing with other student-initiated clubs. When the EAA was debated in Congress, many lawmakers expressed doubt that young children could form religious clubs that would be truly initiated and led by students. In addition, younger students are more likely to view religious clubs meeting at the school as “school sponsored.” For these and other reasons, Congress declined to apply equal access below the secondary level.

Freedom of Assembly (13)

View category →

Groups that wish to engage in public activism must abide by generally applicable laws, such as criminal trespass or prohibitions on litter, excess noise, crowd congestion and permit requirements. If the government seeks to intervene in the internal affairs of a group in a way that impairs its advocacy, the regulation must be narrowly tailored to serve a compelling state interest that outweighs any burden on the group’s speech.

This freedom protects the right of people to meet and publicly support a cause or message. It also protects the right of people not to be affiliated with certain messages or ideas. For example, the government cannot force expressive associations to accept unwanted members who would impair the effectiveness of the group. Nor can the government force people to support undesirable causes through required fees or dues as part of belonging to a group.

The movement drew upon several First Amendment freedoms — primarily speech, assembly and petition — to protest racial injustice and promote racial equality. In addition, the U.S. Supreme Court strengthened these First Amendment freedoms through its rulings in court cases arising out of the civil rights movement.

In some cases, anti-abortion demonstrators physically obstruct and/or intimidate those entering and exiting abortion clinics. Legislatures and judges create and permit buffer zones to ensure that people can work safely at the clinics and that women have access to them.

Generally, no. The Bill of Rights provides protection for individual liberty from actions by government officials. This is called the state-action doctrine. Private property is not government-owned. Restrictions on individuals’ free-speech rights on private property do not involve state action.

However, a few states have interpreted their own state constitutions to provide even greater free-speech protection than the federal Constitution offers. For example, the New Jersey Supreme Court has ruled that individuals have free-speech rights at privately owned shopping malls. Most state supreme courts that have examined the issue have disagreed. In April 2002, the Iowa Supreme Court refused to extend its definition of public property to include large, privately owned shopping malls.

A 2010 case, Snyder v. Phelps, involved whether a verdict assessing damages against the Westboro Baptist Church for a protest causing emotional distress to a soldier’s family violates the First Amendment.

In a somewhat related case, the Court in Frisby v. Schultz (1988) upheld a Wisconsin city ordinance banning picketing in front of private residences. “The type of picketers banned by the Brookfield ordinance generally do not seek to disseminate a message to the general public, but to intrude upon the targeted resident, and to do so in an especially offensive way,” Justice Sandra Day O’Connor wrote for the Court. The Court has also decided a series of cases involving limitations on abortion protesters outside clinics. For example, in Hill v. Colorado (2001), a divided Court (6-3) upheld a Colorado law that imposed an 8-foot floating buffer zone between protesters and those entering and leaving abortion facilities.

 

Freedom to Petition (9)

View category →

No. The right to such legal resources in prison falls under due process.

Historically, a petition was a written request stating a grievance and requesting relief from a ruling authority such as a king. In modern America, petitioning embraces a range of expressive activities designed to influence public officials through legal, nonviolent means.

The right to petition reaches back at least to the Magna Carta in 1215. The English Declaration of Rights in 1689 confirmed that subjects were entitled to petition the king without fear of prosecution.

Courts seldom address the petition clause in isolation, instead grouping it with other rights to free association and collective speech. The U.S. Supreme Court has noted that the right to petition at least provides the opportunity to institute nonfrivolous lawsuits and mobilize popular support to change existing laws in a peaceful manner.

No. The U.S. Supreme Court has incorporated the petition clause of the First Amendment as part of the 14th Amendment’s guarantees against the states. The petition clause applies equally to state and local governments and protects petitions directed to the judicial, executive and legislative branches.

The First Amendment does not mandate that the government consider the public’s petitions or actually provide any “redress.” At a minimum, the government must have a mechanism for receiving complaints and grievances from the public, even if only to file them without consideration. Of course, due process — the guarantee that justice will be administered fairly — would apply if a citizen’s “petition” took the form of a court case.

Students (4)

View category →

It depends. If you attend a private school, the First Amendment will not protect you from any restrictions your school places on your right to protest. (The First Amendment prevents the government from punishing you for your speech. It doesn’t prevent a private organization for punishing you for your speech.)

If you attend a public school, you do have First Amendment rights, even at school. However, your rights are more limited than the rights of adults. Your school can punish you for taking part in a protest if it causes substantial disruption of school activities, or if it invades the rights of others.

This standard was established by the Supreme Court in a case called Tinker v. Des Moines Independent Community School District. The students in that case wore black armbands to school to protest the Vietnam War, and were suspended for refusing to take them off. The Supreme Court found that their First Amendment rights had been violated, because the armbands were considered a non-disruptive expression of their political point of view.

You may decide that you are willing to incur those penalties, but remember to consider alternative methods of advocacy and protest as well.  Sometimes civil disobedience–challenging the rules on matters of conscience and policy–is justifiable.  But sometimes there are several different ways to achieve the same goal.

This is may be a fire code violation–contact the proper authorities if you are concerned.

You may not be able to vote–but you have the First Amendment rights to speak, assemble, and petition.

Organizing marches and rallies can raise public awareness for your cause. Doing so off-campus and outside of school hours will be protected by the First Amendment.  Reach out and collaborate with as many people as possible–parents, teachers, school administrators, and members of your community–in order to have the greatest possible impact.

The right to petition means the right to ask for the laws that you want and speak out against the ones that you don’t want.  Contact your elected officials and tell them what you think.   Letters, phone calls, and personal interactions at town hall meetings have more of an impact than emails and tweets.  Contact your Senators and members of Congress, since they’re elected to serve you.  Don’t forget that state and local officials also make laws that impact you.  The My Reps website allows you to find and contact your federal, state, county, and local elected officials.  This guide by  former Congressional staffer Emily Ellsworth contains some very helpful tips on what you should say and do.

Parents (1)

View category →

First, you may want to reach out to the school administrators and/or the school board and make your own voice heard on how you feel about this policy.

In giving advice or instructions to your children, you should consider the potential penalties but also discuss the underlying issues behind the walk-out.  You may wish to help your child with alternative forms of activism–for instance, by contacting your legislators on their behalf.  (After all, you have a vote.)

This could also be an opportunity to work collectively with other parents and your school leaders to organize a community discussion about the political issues, and also the on the the larger civic lessons surrounding free speech, protest, and representative democracy.

Teachers (1)

View category →

If you’re caught between students motivated to join in protests, marches or other kinds of activities that are under the general heading of “free expression” [that is actual speech or expressive conduct] and your administration’s view of such actions as disruptive and therefore prohibited, perhaps you can strike a compromise between these groups  – a task that teachers’ lounge chatter daily confirms. How about leading your students in discussion about the history of protest in America, or the explore the various sides of what Supreme Court justices wrote in the “Tinker” court case.

While the 7-2 majority on the court supported student free speech rights – with some caveats – one justice wrote that the decision would usher in an entirely new era of “permissiveness” that it seems would wreck American public schools. To engage your students in a discussion, you can find review the basic information about the case and use this discussion guide from Newseum Education.

School Administrators (1)

View category →

You first face the decision of whether to forbid the walk-out at all or to simply deal with the disruption caused by a walk-out.  (This decision might depend on whether you are considering the disruption caused by a 17-minute walkout versus that of an all-day walkout).  You then face the decision of whether or not to punish the participants.  Note that a punishment must be proportional to the misconduct committed.  Furthermore, if you decide to mark truant the students who participate in a walk-out, keep in mind that the punishment for them cannot be any more severe than the punishment for students who are truant for another reason.

Simply locking students into their classrooms in order to keep them from leaving may well be a fire code violation. Such a “lockdown” lacks the urgent “true threat” justification that a court might accept with regard to an active, dangerous incident in your building or near your location.

You should also consider that there may be another approach altogether. Given that we live in an age where there is much concern that young people don’t understand the Constitution or support free speech, punishing them for exercising it, even if the even if the Tinker decision gives school administrators that discretion, seems counterproductive. In the words of law professor Erwin Chemerinsky, “Schools cannot teach the importance of the First Amendment and simultaneously not follow it.”

This could be a teaching moment for your students and your community.  In cooperation with students, parents, and teachers, you may wish to organize a town hall meeting in which all sides surrounding the political issue or debate are head.  Newseum Ed’s Teaching Controversial Topics instruction guide provides tools and tips for educators on leading classroom conversations about sensitive topics.  

You can also use this as an opportunity to educate your students about how the First Amendment works and how far their rights extend.  You can start by introducing students to what the limits of free speech are, both inside of school and out of it, with discussion materials from Newseum Ed about what counts as a violation of the First Amendment and what you can and can’t say in school.

 

 

 

 

Lawyers (8)

View category →

Yes, students do possess First Amendment rights at school.   The U.S. Supreme Court famously wrote in Tinker v. Des Moines Independent Community School District (1969) that students “do not shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.”  However, the Court cautioned that students’ rights must be considered “in light of the special characteristics of the school environment.”

That is an excellent question.  The determination of what constitutes a “substantial disruption” is decided on a case-by-case basis.  The interruption of classes, threats to teachers, racially harassing conduct and significant race-based tension, fights or violent behavior on school grounds, the flooding of angry calls from parents, the canceling of school events, and emotional distress suffered by teachers have all been considered substantial disruptions within the meaning of the Tinker standard.

No, courts have stated that school officials do not have to wait for an actual disruption or riot.  The 9th U.S. Circuit Court of Appeals explained in Karp v. Becken (1973): “The First Amendment does not require school officials to wait until disruption actually occurs before they may act.”

This where the “reasonable forecast” part of the standard comes in play.   In Dodd v. Rambis (S.D. 1981), a federal district court judge reasoned that students’ distribution of leaflets urging fellow students to engage in another student walkout was substantially disruptive to school activities.  The judge explained: “The First Amendment does not require school officials to forestall action until disruption of the educational system actually occurs. Indeed, this is the very essence of the forecast rule.”

For example, in many cases involving Confederate flag garb, courts have reasoned that a significant amount of race-based tension at the school is enough to satisfy the “reasonable forecast of substantial” disruption standard.

Usually, courts find that student walkouts are substantially disruptive under the Tinker standard.  They focus on the fact that classes and class schedules are disrupted and the students who remain in school are distracted.

Furthermore, the 9th U.S. Circuit Court of Appeals in Corales v. Bennett (2009) reasoned that a high school’s anti-truancy policy was a “content neutral rule that furthers an important interest unrelated to the suppression of expression.”  The appeals court explained that the anti-truancy rule “furthers several substantial government interests, including enforcing compulsory education, keeping minors safe from the influences of the street, maximizing school funding based on attendance  and limiting potential liability for negligent failure to supervise a truant student properly.”

The other part of the Tinker test is sometimes called the “invasion of the rights” prong or “invasion of the rights of others” test.   The Court in Tinker explained that student speech is not protected by the First Amendment if it impinges on the rights of other students.  The Court has not explained the contours of this test.

However, lower courts have applied this test to prohibit student speech that sexually harasses other students or to student speech containing anti-gay themes.  For example, the 9th Circuit ruled in Harper v. Poway Unified School District (2006) that school officials could prohibit a student from wearing t-shirts containing Biblical verses condemning homosexuality. The appeals court explained: “Speech that attacks high school students who are members of minority groups that have historically been oppressed, subjected to verbal and physical abuse, and made to feel inferior, serves to injure and intimidate them, as well as to damage their sense of security and interfere with their opportunity to learn.”

Absolutely not.  U.S. District Court Judge Rodney Sippel expressed this well years ago in Beussink v. Woodland IV School District (E.D. Mo. 1998), writing “Disliking or being upset by the content of a student’s speech is not an acceptable justification for limiting student speech under Tinker.

In a case out of Tennessee, Giles County public school officials contended that a t-shirt with pro-gay and lesbian themes would be disruptive to the school. A review federal district court judge disagreed in Young v. Giles County (M.D. Tenn. 2015), writing that “[m]erely invoking the word ‘disruption’ falls far short of the showing that Tinker requires.”

Workplace Integrity Curriculum (7)

View category →

The 2016 report of an EEOC task force reviewed research on traditional anti-harassment training and found scant evidence that it worked. It often made people defensive. The videos used could be corny or dated, and online versions of training could come off as a “box-checking” exercise. I know from my many years of teaching ethics and diversity that talking across differences, and raising issues of power and privilege, is hard work for humans. Framing it as compliance to company rules doesn’t set the table for candid, earnest and even painful conversations. But it is in those that we find the human insights that inform our minds and hearts. Whenever I’ve had success in helping organizations improve their cultures, it’s been through setting the table for conversations people wouldn’t otherwise have, and helping them see the world through others’ eyes in an open-minded atmosphere of trust. That’s the goal of the Workplace Integrity curriculum.

One of the most popular sessions I teach in leadership workshops is “Difficult Conversations.” I traditionally have the workshop participants share scenarios from their own experiences, and then I coach them on how to handle them. I’ve heard so many great case studies, and coached so many conversations, that I drew from that experience. The cases are nuanced and real. I intentionally crafted them in second-person voice. “You” are facing various proactive and reactive scenarios: proposing a change in intern onboarding, reacting to a powerful, talented and mercurial co-worker, responding to unwelcome physical contact, stepping in when a person is being harassed, and coaching a coworker who brings a concern to you. When “you” consider your options, we also ask “you” to consider how the case might play out differently for a variety of other “you’s” — who differ from you in multiple ways.

Harvard’s John Kotter has written that people don’t “Analyze, think, and change.” Instead, they “See, feel and change.” I think this curriculum has the potential to help people see the world through the eyes of others and feel how everyday actions, big and small, can have a profound impact for better or worse. But best of all, they get to create their own roadmap, not be handed one with every route pre-determined for them. After all, journalists love nothing more than ideas and solutions of our own creation. So, they’ll have the chance to do that in the Workplace Integrity modules. I’m confident it can work.

It’s the product of both research and experience. I drew on the findings from the Power Shift Summit, EEOC data on harassment and discrimination, research on bias in decision making, contemporary writing on gender and diversity issues, and combined it all with my own experiences working with journalists and leaders who want to improve their cultures.

Let me answer that by providing a peek at the Facilitator’s Guide for the curriculum, where the learning objectives are laid out:

Format: The interactive program consists of three modules, designed to be taught in succession, as one complete event. Each session builds on the others.

Learning objectives: Participants who complete the workshop should be able to take away these skills from each of the modules:

  1. Critical Thinking: How to analyze common workplace exchanges related to harassment, discrimination and incivility — checking facts, providing context, identifying bias, surfacing assumptions and challenging logic.
  2. Courageous Conversations: How to better understand conflict and responses to it. How to speak proactively (introducing subjects) and reactively (responding to the words and actions of others) to ensure workplace integrity.
  3. Cultures of Respect and Trust: How to assess and improve your workplace culture.

I’ve spent a great deal of time helping newsrooms who want their cultures to be more investigative, multi-platform, digital-first, audience-centric, enterprising, collaborative or breaking-news focused. To do that, I developed a very practical analytical framework for assessing a culture, and exercises for staff to use to upgrade it. I built on that foundation to apply it to the Workplace Integrity curriculum. Now, newsroom teams will address “Cultures of Respect and Trust” — with both of those terms carefully defined and translated into daily choices and behaviors. We use a format that allows staff to work together in teams, under the guidance of a skilled facilitator who knows and loves journalism and journalists, and speaks the language of the newsroom.

Power Shift Project (0)

View category →

It’s the product of both research and experience. I drew on the findings from the Power Shift Summit, EEOC data on harassment and discrimination, research on bias in decision making, contemporary writing on gender and diversity issues, and combined it all with my own experiences working with journalists and leaders who want to improve their cultures.

Let me answer that by providing a peek at the Facilitator’s Guide for the curriculum, where the learning objectives are laid out:

Format: The interactive program consists of three modules, designed to be taught in succession, as one complete event. Each session builds on the others.

Learning objectives: Participants who complete the workshop should be able to take away these skills from each of the modules:

  1. Critical Thinking: How to analyze common workplace exchanges related to harassment, discrimination and incivility — checking facts, providing context, identifying bias, surfacing assumptions and challenging logic.
  2. Courageous Conversations: How to better understand conflict and responses to it. How to speak proactively (introducing subjects) and reactively (responding to the words and actions of others) to ensure workplace integrity.
  3. Cultures of Respect and Trust: How to assess and improve your workplace culture.

I’ve spent a great deal of time helping newsrooms who want their cultures to be more investigative, multi-platform, digital-first, audience-centric, enterprising, collaborative or breaking-news focused. To do that, I developed a very practical analytical framework for assessing a culture, and exercises for staff to use to upgrade it. I built on that foundation to apply it to the Workplace Integrity curriculum. Now, newsroom teams will address “Cultures of Respect and Trust” — with both of those terms carefully defined and translated into daily choices and behaviors. We use a format that allows staff to work together in teams, under the guidance of a skilled facilitator who knows and loves journalism and journalists, and speaks the language of the newsroom.

The issues are complex and intertwined. Even if we magically ended sexual misconduct in workplaces tomorrow, we’d still be left with longstanding issues of inequality in pay and power — and even in respect. The curriculum aims to make these connections and discuss the intersections among gender, race and ethnicity, age, and power. It constantly challenges the participants to try to see every item we discuss from multiple perspectives, especially those different from their own. And, while it teaches people how to respond to improper workplace behavior, there’s an even bigger emphasis on how each of us, but especially leaders, has the opportunity to be proactive. “Courageous Conversations” will fail as a session if all it does is help victims push back or report wrongdoing. What it must also do is help us all find the words to propose solutions, take a stand, and embed the values of workplace integrity into our everyday communication.

The 2016 report of an EEOC task force reviewed research on traditional anti-harassment training and found scant evidence that it worked. It often made people defensive. The videos used could be corny or dated, and online versions of training could come off as a “box-checking” exercise. I know from my many years of teaching ethics and diversity that talking across differences, and raising issues of power and privilege, is hard work for humans. Framing it as compliance to company rules doesn’t set the table for candid, earnest and even painful conversations. But it is in those that we find the human insights that inform our minds and hearts. Whenever I’ve had success in helping organizations improve their cultures, it’s been through setting the table for conversations people wouldn’t otherwise have, and helping them see the world through others’ eyes in an open-minded atmosphere of trust. That’s the goal of the Workplace Integrity curriculum.

One of the most popular sessions I teach in leadership workshops is “Difficult Conversations.” I traditionally have the workshop participants share scenarios from their own experiences, and then I coach them on how to handle them. I’ve heard so many great case studies, and coached so many conversations, that I drew from that experience. The cases are nuanced and real. I intentionally crafted them in second-person voice. “You” are facing various proactive and reactive scenarios: proposing a change in intern onboarding, reacting to a powerful, talented and mercurial co-worker, responding to unwelcome physical contact, stepping in when a person is being harassed, and coaching a coworker who brings a concern to you. When “you” consider your options, we also ask “you” to consider how the case might play out differently for a variety of other “you’s” — who differ from you in multiple ways.