FALLBROOK: ACLU files suit over high school newspaper row

Group alleges freedom of speech, press violations in two held articles, adviser's removal

By TOM PFINGSTEN - Staff Writer | Wednesday, November 12, 2008 9:36 AM PST

FALLBROOK ---- The American Civil Liberties Union filed a lawsuit this week accusing Fallbrook High School administrators of violating students' rights to free speech over a pair of student newspaper articles that were held last year at Principal Rod King's request.

The suit, filed in Vista Superior Court on Monday afternoon, accuses the Fallbrook Union High School District and King of suppressing students' freedom of speech and freedom of the press in a series of events that ended with the newspaper class being closed and the paper's faculty adviser removed.

FORUM: Censored Fallbrook High editorial

Dan Shinoff, an attorney who represents the school district, said Tuesday the ACLU is incorrect in saying Fallbrook High School's administrators are trying to censor student journalists.

"I think they embrace free speech, and they embrace the discipline that's necessary to be a good journalist, as well," said Shinoff.

The student-produced Tomahawk newspaper is still around as an extracurricular program and the newspaper's former adviser, Dave Evans, still teaches at the high school, but the lawsuit alleges violations based on what civil liberties union legal director David Blair-Loy described as censorship.

Blair-Loy said Tuesday that California law guarantees student newspapers the same freedoms as professionally run publications.

"What we want is for Fallbrook High School to respect students' rights to freedom of speech and freedom of the press by reinstating the newspaper and the newspaper class as a credit class, and to allow the reinstated student newspaper to publish the two pieces that were previously censored," he said.

The suit alleges that King first told Evans to hold a news article about former Superintendent Tom Anthony's forced resignation in November 2007. The article was held despite Evans' "strong objections," according to the ACLU.

The principal later ordered Evans to hold an editorial critical of the district's abstinence-only sex education program.

After Evans complained to school board President Bill O'Connor about King's alleged censorship, King then told Evans that the newspaper class would be transitioned into an after-school program and that he would be removed as the Tomahawk's adviser.

King couldn't be reached for comment Tuesday (the school was closed in observance of Veterans Day) but Shinoff said he plans to prove that the district had legitimate reasons for holding the two articles and turning The Tomahawk into an extracurricular program.

"The school district is certainly not taking the position that the district has absolute control over free speech as it relates to students," Shinoff said. "The issues here are more complex than that."

He said the news article about Anthony's forced buyout was held because of inaccuracies and the newspaper class was closed because of budgetary constraints.

Regarding the sex education editorial, Shinoff said King was hearing conflicting reports of who had written it.

The civil liberties union said Tomahawk editors Margaret Dupes and Daniela Rogulj wrote the editorial, and Blair-Loy said it was "ridiculous" to suggest that the piece could have been written by someone else.

Dupes and Rogulj are listed as plaintiffs in the lawsuit filed this week, along with Evans, Chantal Ariosta, who wrote the first piece that was held, and two other students listed as minors.

Shinoff objected to the idea that the school district removed Evans and canceled the newspaper class because administrators disliked or disagreed with certain articles that had been submitted for publication.

"I don't believe that's the administration's attitude at all," he said. "From my perspective, they want students to be able to express themselves, they want students to be engaged, and they certainly want students to develop the fine writing skills that are necessary to become a fine journalist."

But Blair-Loy said the timing of the decision to close the class says otherwise.

King told Evans the class was being canceled one day after Evans went to the school board president to "blow the whistle," said Blair-Loy.

"The district may claim it was a budgetary issue, but the coincidence is just overwhelming ---- I don't believe in coincidences that strong," he said.

No hearings have yet been scheduled in the case.

A copy of the complaint is available at the American Civil Liberties Union's Web site, www.aclusandiego.org.

Contact staff writer Tom Pfingsten at (760) 740-3516 or tpfingsten@nctimes.com.

-- PDF of the American Civil Liberties Union's Nov. 10 complaint

-- Fallbrook Union High School District

-- PDF of the April edition of "The Tomahawk"

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Frida wrote on Nov 11, 2008 10:49 PM:Right on ACLU. Thank you for protecting our civil liberties...you are the best organization when it comes to defending out constitution.

fallbrook resident9 wrote on Nov 12, 2008 2:17 AM:thank god we are censoring free speech at the high school! Heavens forbid it might leak out into the community at large!

The ACLU wrote on Nov 12, 2008 6:53 AM:is the biggst joke in today's judical system. The are part of the problem and not the solution. Imagine, a facility housing 800-1000 Children....yes most high schoolars are still children. And then controlling and editing newspaper that goes to other children. Sounds like tha ACLU is making headlines over nothing. The principal should have the final say on what is published and what is not. The schools paper is from his school. Game over.....move on.

to - The ACLU writer wrote on Nov 12, 2008 7:45 AM:Why is the ACLU a big joke? Because your 'beliefs' say so? If we removed all of your beliefs and emotions and we left you only the 'thinking' process - why?
In the journalism education system, if we tested you, who started the ACLU and why? Where do ACLU memebers come from? What is their motivation? When will they defend the constitution?
So you have a belief. Does it come from experience only? Something you read or something you were told? By whom? Are those sources true or simply from belief sources?
If the principal has final say because it is his school. than what is being taught? His beliefs only and not what the constitution of the United States says? What was the name of that school in Alabama that wanted no black children in the '60s? Is that what you are advocating? (look that word up, please)
You made one true comment. High schoolers are children. What are you teaching them? I would rather have the ACLU.

lisa wrote on Nov 12, 2008 7:48 AM:My son goes to Fallbrook High and he asked me what does ACLU stand for and what do they do? I answered that they're the American Civil Liberties Union, but I doubt they'd defend my liberties or of other people who don't agree with most of their liberal ideologies. I wish I could say they defend our constitution, but it seems only for those people who think like them and don't stand for morality, submitting to authority (as the minors high school students are), and in practicing their religious freedom (as in Christians- it seems other religions are left alone) In this case, it seems the ACLU is bent on interfering with the principal's authority to govern the school. Minor students don't (or at least I believe) have the same "rights" as adults when it comes to things like censorship, freedom of speech, etc. Imagine trying to teach a child discipline and respect of authority and then telling them they can say whatever they feel like saying or whatever they feel like writing about authority.

Thanks Lisa wrote on Nov 12, 2008 9:10 AM:Some children do have opinions and have a thirst to learn and figure things out. Others don't even pay attention but still manage to get through high school.
Kids should be encouraged to express their own opinion, but like any other print (nomatter how poorly written or edited) will have censorship & rightly so.
Children don't usually have the wisdom that we have accumulated as we became adults. I know that statement wont' go over well with teens, because they know everything. ha ha
I for one am glad the ACLU is losing some wind (obviously since they're playing in the kids pool).

Two cents wrote on Nov 12, 2008 9:19 AM:The whole truth will come out. It you saw the other side of the story on the news, the stories were pulled because one of the stories had inaccurate information. The other story may have been written by the editor and NOT a student. Soooo lets wait to get ALL the facts before we start hooting and hollering that our rights to freedom of speech have been violated!!!Besides, FHS does not have the money to even fight this!

Anybody know wrote on Nov 12, 2008 9:23 AM:Does anybody know what ever came of the lawsuit from awhile back. A Fallbrook student involved the ACLU in a lawsuit because of an American flag bandana??? Her freedom of expression was being violated..etc etc. How far did that case go?I have no life and I am just curious!

OLD NEWS wrote on Nov 12, 2008 9:40 AM:Isn't this issue old news?

Didn't the Supreme Court already rule on similar cases?

By the way this is what was posted on the San Diego Union.

BOSTON -- The American Civil Liberties Union will represent a group that advocates sex between men and boys in a lawsuit brought by the family of a slain 10-year-old.
The family of Jeffrey Curley of Cambridge said the North American Man/Boy Love Association and its website which is now offline incited the attempted molestation and murder of the boy.
One of two men convicted in the killing, Charles Jaynes, 25, reportedly viewed the group's website shortly before the killing, and also had in his possession some of NAMBLA's publications. Also convicted in the killing was 24-year-old Salvatore Sicari.
The ACLU said the case, filed in federal court in mid-May, involves issues of freedom of speech and association.
"For us, it is a fundamental First Amendment case," John Roberts, executive director of the Massachusetts branch of the ACLU, told Boston Globe Wednesday. "It has to do with communications on a website, and material that does not promote any kind of criminal behavior whatsoever." (if you don't count adults having sex with 10 year olds.....)

Similiar wrote on Nov 12, 2008 9:48 AM:I had a similiar situation in high school I was a writer for the school paper and I did an editorial on the schools invasive dog search / metal detectors searching policy. The vice principle suspended myself and the teacher that lead our class... In my editorial I gave the opinion that it was disruptive to our "learning process" that the school was so adament on protecting. In the end it ended with a massive teacher / student walk out and our suspensions being reduced and also an apology from our vice principle. But... we compromised the Principle literally read through each of our papers before we released them and asked us to modify certain things in the future which we did but we still got our point across. As an adult I can see why stories such as those written by the Fallbrook students may be disruptive but at the same time my opinion is that the students need to learn about their rights and do what they can to protect them. Also as I did, a compromise should be considered to keep the teacher do what he does best etc and allowing others to view the paper before released so that nothing would be printed that was libel or slanderous to the school.

hey lisa wrote on Nov 12, 2008 9:56 AM:yeah its the Anti Christian Lawyers Union your thinking of

becky wrote on Nov 12, 2008 10:15 AM:Here's what the ACLU says on its website about student free speech and expression--all reasonable and all established law. Folks should read the Constitution and our state constitution before giving up more of our precious freedoms!

- Speech and Political Expression
Freedom from governmental interference with speech is guaranteed to everyone in California by the First Amendment to the U.S. Constitution, and by Article I, Section 2, of the California State Constitution. Public school teachers and administrators are all considered government actors, which means that students have free speech rights at public schools. It also guarantees that school officials must provide students with wide latitude in the expression of their ideas and opinions.

These rights, however, do have limitations:

Schools can impose reasonable restrictions on when, where, and how speech activities take place in order to prevent disruption of educational activities. For example, a school can limit passing out flyers in hallways to before or after school begins and during the lunch hour, but they may not have a blanket rule against handing out literature anywhere or any time during school.

However, students cannot be disciplined for merely expressing an idea, whether as part of a classroom discussion or protesting a government or school policy outside class, as long as it does not disrupt educational activity or interfere with the rights of others. No peaceful expression, no matter how unpopular or controversial, may be censored.

Students may express their views verbally--as oration or in writing--but also symbolically, such as wearing political buttons, flags, decals, or armbands, as long as they are not obscene and do not provoke a "material and substantial" interference with classroom activities or the rights of others. But students' rights to express their views cannot be abridged simply because the views are unpopular with school officials or other students, or because administrators fear students reacting to a symbol will cause a disruption.

Students may not encourage others to commit acts of violence.

Students who make false personal attacks may be disciplined or sued for slander or libel.

Students may be punished for speech that is obscene, and may even be disciplined for using sexual innuendo.

Laura wrote on Nov 12, 2008 10:25 AM:As a parent of an under-age high schooler, I give permission to the principal to censor what is deemed inappropriate freedom of speech or conduct. One student's comments or actions can violate the rights of another students, just like smoking causes air pollution which can hurt another individual. Freedom of speech is not entirely granted to minors and they need to learn how their words can affect others before they are unleashed into the world of adulthood. As a parent, I respect the right of the principal to determine what is appropriate and what is not.

To Lisa wrote on Nov 12, 2008 10:42 AM:Great comment. I for one get sick and tired of the ACLU defending only those who they feel is appropriate. I guess another way to look at this is a "lawyer" from the ACLU goes up to his director and tried to tell him how to do his job, or he/she will sue them. It is the same thing with the principal. The principal is responsible for ALL the children in his school. Every single one of them and HE is doing his job very well. Protecting all the kids is what he is doing. Now for the ACLU - why do I not like them. November 2nd the MAJORITY of Californian's voted to pass a prop 8. ACLU is filing lawsuit after lawsuit oppossing it's passing. Why? Well we all know why. But heck the voice of californians do not matter to the ACLU, they only care about a few voices. Life would be a whole lot better if the ACLU wsa disbanned.

Get A CLU wrote on Nov 12, 2008 11:08 AM:I read the editorial piece and its overdone "Bush Administration" mantra used to mask the fact the writing had no substance. It reminded me of the guy in Bill & Ted's Excellent Adventure who was making a pointless speech but got the audience fired up by yelling "San Dimas High Football Rules!" Obviously, "Bush Administration" was used to get the same effect. There's no doubt this drivel was written by a high schooler.

Sleeping but Awake wrote on Nov 12, 2008 11:22 AM:Thank goodness that the ACLU is helping our children understand that their rights are not to be taken lightly. Rod King was not protecting the students but censoring the opinions of others. The ACLU is now teaching our mistaken faculty that the law rules their conduct when they act like tyrants. In fact, the law teaches respect for the nations way of doing business as described within the constitution. It is absurd to suggest that the principal can do as they like without respect to California and National laws. Hurray for the ACLU and meet our little friend, right wing, ultra-conservsative and achingly religous fallbrook. Go get them.

Cardiffian wrote on Nov 12, 2008 11:46 AM:To Lisa - yea right, the KKK is SUCH a liberal organization. It had to be since their right to march in a parade was protected by the ACLU. You say they will never protect ypur rights? If you think your right is to dictate your religious beliefs to others, then I guess your right. What are you going to do when your child becomes a card carrying ACLU member? Most young 'uns are!

To Laura wrote on Nov 12, 2008 1:31 PM:It's not up to you to give a school administrator the right to censor that which is not allowed by law.
Lots of people are expressing their opinions and beliefs of how things should be, but the issue at hand is what the law IS and whether or not FHS followed it. Public school administrators have lots of resources they can rely on to find out what to do in these kinds of situations. It's not clear whether or not the FHS admins acted on their own or with legal advice. Better to check before rather than after.
The facts of this case aren't all known yet, so let's keep watching to learn more.

To Cardiffian wrote on Nov 12, 2008 1:33 PM:To Cardiffian- your extreme example of the KKK is not persuasive- certainly not an example of mainstream Christianity & totally unrelated to Christianity. Thank you for proving even more how the ACLU represents extremist fringe groups (maybe not all are liberal as I stated above, but they definitely tend to be outside of Christian morality) instead of mainstream decent people.

Since when wrote on Nov 12, 2008 1:40 PM:have we allowed minors to out rule the adult voice. If the ACLU wins this, it will send a messege to all youth in america that they do not need to listen to their parents or any other adult authority. Just call the ACLU and get them to sue those who are opressing them. It is said that the ACLU has strayed so far from its origination, if it were possible Hellen Keller would be rolling in her grave right now, to see something she helped create become such a horrible monster.

Where is the ACLU when the churches rights are being violated? Oh wait the ACLU doesn't support the church, it sues them.

Christianist Liberties Union wrote on Nov 12, 2008 1:43 PM:Oh, look, the Christianists are screaming about discrimination again. What a surprise! Actually, I can't remember the ACLU ever treating a Christian group differently from any other religious or atheist group. The only difference is that the Christianists want to disrupt public activities or take over public squares and other public spaces. Oh, and the Christianists always try to justify it by claiming that the U.S. is a Christian country.

Curious wrote on Nov 12, 2008 1:45 PM:What does the ACLU do with their Lawyers and employees who disregard their management wishes or are just poor performers? Do they just keep paying them to continue going against their "company"? Does anyone know? If so you donators should think about where your hard earned money is going.

Students mom wrote on Nov 12, 2008 1:56 PM:I thank the Goddess for the ACLU. They do an incredible amount of good. If people would look past the more sensational cases, they would find that the ACLU will often defend mainstream churches as well, when the need arises, and according to the LAW. Ufortunately, some people will insist that thier religious beliefs must override the civil rights of others, and we get cases like this. Please keep religion in the home and in the churches/temples/covens, and leave the secular world to secular law.

Albert wrote on Nov 12, 2008 1:58 PM:If the students want to express a differing opinion, let them find a sponsor who's willing to pay for their publications outside the school. The principal should be vigilant to whatever opinion is published within its jurisdiction because they are ultimately responsible and not the ACLU for what is printed on the school paper.

Nathan wrote on Nov 20, 2008 10:17 AM:An ACLU attorney was in Fallbrook Nov.16 in regards to the gang injunction explaining how the police violate the rights of 8 year old kids by documenting them as gang members (makes me sick). Rodney King a.k.a (Rod King) don't be ashame of your name; Rodney is amongst the worst principals Fallbrook has ever seen. I wish they can somehow bring Ruth Hellams back now she was a good principal. Good for the kid that stood up against being oppressed not taking Rodney's nonsense. It is saddens me to live in a town that is becoming to be known to oppress the youth. What's next are we going to revoke babies the right to cry?

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