Editors at the Montclarion, the student newspaper of New Jersey's Montclair State University, returned from winter break to find that the funds for printing their newspaper had been frozen. The College's student government (SGA) cut the Montclarion's funding because the newspaper consulted an outside attorney for a probe into possible SGA violations of New Jersey's open meeting laws.

Although funding was temporarily restored Jan. 30 after a marathon SGA meeting, press freedom advocates say that the development sets a troubling precedent.

Tthe SGA voted to fire Montclarion attorney Sal Anderton last December, arguing that because the newspaper is technically a subsidiary of the SGA, it should use the SGA's attorney for any legal matters. Montclarion edtors and college officials say that because the newspaper was consulting Anderton for stories investigating the SGA, using the student government's attorney constituted a conflict of interest.

The SGA is also demanding that the Montclarion surrender copies of its correspondence with Anderton. The newspaper's editors have refused, citing attorney-client privilege.

Professional journalism organizations, as well as other college newspapers, are lining up to support the Montclair student journalists. The Student Press Law Center says:

"The Montclarion can make a strong argument for the correspondence being protected under attorney-client privilege, said Mike Hiestand, legal consultant for the SPLC. Even though Anderton was being paid from SGA funds, he was advising the paper on its claims against the SGA. This strongly suggests that 'any attorney privilege was between the attorney and the paper,' Hiestand said."

The Society of Professional Journalists says this case should put college journalists on notice:

“'This dispute should demonstrate to all college journalists that they need to carefully examine the relationship their media have with student government,' said Neil Ralston, SPJ’s vice president for campus chapter affairs."

SPJ urges campus administrators and student government leaders to support its College Media Statement Program, which identifies campus media as a "designated public forum" that is entitled to legal protections under the First Amendment.

In a guest editorial at The Signal, the student newspaper of The College of New Jersey, Montclarion managing editor Peter Schaus was defiant:

"Because we aren't just fighting for our organization and publication. We're fighting to make sure that this case does not set a precedent which allows other school newspapers to be silenced by the whims of corrupt student leaders like [SGA president Ron] Chicken. We're fighting not just to keep the voice of the student populous at MSU from being silenced, but for college students all over."

The Bergen Record noted that the the battle reflects the "necessary tension between press and government.":

"The role of the press is to keep an eye on government and to expose the inevitable excess, bungling, fraud and corruption that all too frequently accompany rulers who govern unchecked and who do business in the backrooms, obstructing scrutiny by the people's guardians, the press."