Freedom of the Press -- The Victor!

By: Michael M. Shapiro

In January, the Student Government Association (SGA) at Montclair State University (MSU), under the leadership of SGA President Ron Chicken, stopped funding for the MSU student newspaper, The Montclarion. The SGA took this drastic step because the newspaper had used its SGA-funded attorney, Sal Anderton, to pursue action against the SGA for holding closed meetings allegedly in violation of the Open Public Meetings Act. In addition to freezing funding for the paper, the SGA also fired Anderton and demanded the newspaper use the SGA’s attorney, Aaron Easley. As part of the SGA’s requirement that the newspaper use Mr. Easley, Mr. Chicken also required the newspaper to submit legal inquiries for Easley through Mr. Chicken and was not permitted access to Mr. Easley directly. Hmmm.

Fortunately, while the dispute was being mediated, funding was unfrozen to allow for publication of the newspaper. This past week, the administration at MSU, led by MSU President Susan Cole, determined that the newspaper should not be financially dependent on the SGA because it is important for the press and the government to remain as separate and independent entities. As a result, President Cole has agreed to work with the newspaper and the SGA to separate them by the summer. In addition, Dr. Cole has committed to finding an independent funding source for the newspaper.

While some may not make much of a dispute between a college newspaper and the college’s student government, the issues involved are very real and troubling. Here, the SGA was not only infringing upon the newspaper’s ability to publish but also severely undermining its ability to retain independent legal counsel. The process set up by Mr. Chicken to serve as a gatekeeper between the newspaper and the SGA’s attorney and not to allow the newspaper to have direct contact with the attorney is questionable, at the very least, this having resulted from the newspaper's audacity to challenge the SGA for holding meetings behind closed doors. Unfortunately, we should not be surprised that college students would engage in such behavior given that their role models in government and the media behave similarly.

Governmental entities throughout the State of New Jersey violate the Open Meetings Act and there is little recourse for citizens. It is unfortunately not uncommon for politicians who resent newspaper coverage to contact advertisers of the paper to encourage them to seek other advertising avenues, thereby impacting the newspaper’s financial ability to function. Meanwhile, newspapers, especially on the local level, are often dependent on the administration in power to provide news for their readers and encourage local merchants to advertise with the paper.  Thus, they either do not cover contentious governmental issues or take a decidedly pro-administration stance in such coverage. Since most local newspapers are found in one-newspaper towns, they have a virtual monopoly on local news and citizens are left with few options. In addition, because of these factors, most local media have no interest in covering Open Meetings Act disputes that never result in positive support for the government in power.

Fortunately for MSU, the newspaper stood its ground and fought for its ability to publish as well as to have independent legal counsel. The Administration of MSU is to be commended for its attempt to resolve the dispute. The SGA and Mr. Chicken deserve just what they are getting – negative publicity.

Michael M. Shapiro, founder of ShapTalk.com, is an attorney who resides in New Providence, New Jersey. He currently serves as the Editor of The Alternative Press, www.thealternativepress.com Contact Mike at mike@shaptalk.com