Students Win Settlement in California Free Speech Case
California Political Desk
January 12, 2010
SACRAMENTO – As a result of a legal settlement at a California high school, school administrators are on notice to stop censoring student speech says a state senator. After settling an 18-month legal battle, Fallbrook Union High School District must pay nearly $28,000 as a result of a principal violating the speech rights of student journalists and unfairly retaliating against the high school´s newspaper advisor.
The author of California´s laws that prohibit prior restraint of student press and protect journalism advisors and other employees who defend students´ speech rights, Senator Leland Yee (D-San Francisco), is continuing his legislative efforts on the issue. Today, a Senate committee will consider a new bill to ensure that charter schools also adhere to the law.
In 2008, Fallbrook high school teacher Dave Evans was removed by the principal as the newspaper advisor a day after Evans warned the school board that parents and students were preparing to sue the district for the principal's censorship of a news article about the dismissal of the superintendent and an editorial critical of the federal government´s abstinence-only sex education program. The principle, Rod King, also cancelled the journalism program, which had just captured second place in the American Scholastic Press Association national competition.
Yee authored a 2006 law that prohibits censorship of student press by administrators and protects students from being disciplined for engaging in speech or press activities. In 2008, he followed up with a law to protect high school and college teachers and other employees from retaliation by administrators as a result of student speech.
"The Fallbrook case should put all school administrations on notice," said Yee. "Allowing censorship by a school district undermines the democratic process and the ability of a student newspaper to serve as a watchdog and bring sunshine to the actions of administrators. School principals should be supporting student free expression and fostering an open dialogue of ideas; not teaching values that are contrary to the foundation of our republic."
Yee will continue to push for greater student speech rights tomorrow when his SB 438 will be considered in the Senate Judiciary Committee. SB 438 explicitly states that California charter schools must adhere to the state´s student speech and employee protection laws.
Recently, administrators at the Orange County High School of the Arts interpreted state law to not include charter schools when they halted printing of the student newspaper last September.
"Students in California, and throughout the country, have a fundamental right to free expression," said Yee. "It is quite disheartening to hear that taxpayer-funded charter schools think their students do not deserve the same rights as those afforded to students at public and private schools throughout our state."
For his efforts to bring greater transparency to government and protect the speech rights of students and faculty, Yee was recently awarded the Beacon Award by the First Amendment Coalition. The organization also presented its Darkness Award to Fallbrook High School´s principal.
In addition to the $27,500 monetary payment, the Fallbrook administration is obligated to issue letters praising the student journalists as part of the lawsuit settlement.
The author of California´s laws that prohibit prior restraint of student press and protect journalism advisors and other employees who defend students´ speech rights, Senator Leland Yee (D-San Francisco), is continuing his legislative efforts on the issue. Today, a Senate committee will consider a new bill to ensure that charter schools also adhere to the law.
In 2008, Fallbrook high school teacher Dave Evans was removed by the principal as the newspaper advisor a day after Evans warned the school board that parents and students were preparing to sue the district for the principal's censorship of a news article about the dismissal of the superintendent and an editorial critical of the federal government´s abstinence-only sex education program. The principle, Rod King, also cancelled the journalism program, which had just captured second place in the American Scholastic Press Association national competition.
Yee authored a 2006 law that prohibits censorship of student press by administrators and protects students from being disciplined for engaging in speech or press activities. In 2008, he followed up with a law to protect high school and college teachers and other employees from retaliation by administrators as a result of student speech.
"The Fallbrook case should put all school administrations on notice," said Yee. "Allowing censorship by a school district undermines the democratic process and the ability of a student newspaper to serve as a watchdog and bring sunshine to the actions of administrators. School principals should be supporting student free expression and fostering an open dialogue of ideas; not teaching values that are contrary to the foundation of our republic."
Yee will continue to push for greater student speech rights tomorrow when his SB 438 will be considered in the Senate Judiciary Committee. SB 438 explicitly states that California charter schools must adhere to the state´s student speech and employee protection laws.
Recently, administrators at the Orange County High School of the Arts interpreted state law to not include charter schools when they halted printing of the student newspaper last September.
"Students in California, and throughout the country, have a fundamental right to free expression," said Yee. "It is quite disheartening to hear that taxpayer-funded charter schools think their students do not deserve the same rights as those afforded to students at public and private schools throughout our state."
For his efforts to bring greater transparency to government and protect the speech rights of students and faculty, Yee was recently awarded the Beacon Award by the First Amendment Coalition. The organization also presented its Darkness Award to Fallbrook High School´s principal.
In addition to the $27,500 monetary payment, the Fallbrook administration is obligated to issue letters praising the student journalists as part of the lawsuit settlement.
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