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Students' censorship suit nears settlement

BY SHELLIE BRANCO, Californian staff writer
e-mail: sbranco@bakersfield.com | Thursday, Nov 16 2006 9:20 PM

Last Updated: Thursday, Nov 16 2006 9:33 PM

Former East Bakersfield High School newspaper students neared victory Thursday in their fight against the Kern High School District over censored articles about homosexual teens.

That's when the district and the American Civil Liberties Union of Southern California, which is representing the students, filed a joint request to settle a lawsuit.

The agreement is contingent upon Kern County Superior Court Judge Sidney P. Chapin's approval and would hold the district to its recently changed student free speech policy, said ACLU staff attorney Christine Sun.

Sun and district spokesman John Teves said they expect the judge to approve the request.

That might happen in the next few days, Sun said.

Staff members of The Kernal newspaper and gay teens featured in the stories fought East High Principal John Gibson and the Kern High School District last year to publish stories on the lives of homosexual students at the school.

The five stories were slated to run in April 2005; the stories ran that November.

The parties settled the case in the last few weeks, Sun said.

The new district policy, approved Oct. 19 by the district board, states "All students have the right to exercise freedom of speech and of the press."

It explicitly requires school officials to seek all other alternatives before censoring student stories.

Under the old district policy, school administrators didn't have explicit instruction to explore alternatives before censorship.

It only directed the superintendent to develop rules to ensure students' freedom of expression.

Former Kernal Editor in Chief Maria Krauter, one of the plaintiffs, said she was proud to have been a part of changing district policy. The 18-year-old is now a freshman at the University of California at Berkeley.

"It shows student journalists still have the right to think about and explore more sensitive issues, such as homosexuality, in an in-depth, educational manner," she said.

Gibson has said he pulled the articles because he was concerned hostile students would harm the teens featured in the stories.

Teves said the settlement affirms Gibson's actions.

"We view this as a win-win," he said.

Gibson could not be reached by phone for comment Thursday.

Teves said the district would still consider delaying stories that would create a situation of "clear and present danger" on campus. Schools could also take steps to increase campus security to address safety concerns.

Under the California Education Code, there are three instances in which a school can censor a story: if the speech is obscene, defamatory or incites students enough to create a "clear and present danger" of unlawful behavior.

Sun said none of those apply to The Kernal's case.

Alternatives to censorship might include increasing security on campus, school announcements that harassment is not tolerated, and meetings with parents and community members, Sun said.

The plaintiffs had asked the district to take such steps, Sun said.

"This would require the principal to address bullying and not turn to censorship as an easy way to resolve the problem," she said.

Teves said the problem was never about students' right to expression; it was about student safety. Gibson wanted to delay the stories until the "environment on campus was conducive to their release," Teves said.

Prior to the stories' first scheduled publication date, there were some school safety violations on campus that "indicated there was some tension in the air with regard to homosexuality," Teves said.

Teves would not comment on the nature of the incidents or examples of what would constitute a clear and present danger.

The new policy "better defines the district's practices," he said.

Sun said it is a model policy for high schools across the state.

It doesn't just affect speech on homosexuality -- it will help students to speak freely about religion, immigration, national defense and other topics of interest to students, she said.

Student plaintiff Krauter said the months of fighting have been worth it. The decision will benefit reporters at her high school and throughout the district. It also serves as an example for students across the state and the nation.

"I've taken away that it is really important to stand up for something you think and know is the right thing to do," she added.

Krauter is pursuing a degree in the humanities. She said she's considering a career in journalism, but she's keeping her options open.

KHSD policy changes

Old:

“The District Superintendent will develop regulations to ensure students’ right of expression on the high school campus.”

New:

“Consistent with the California Education Code and other applicable state and federal law, it is the policy of the Kern High School District that all students have the right to exercise freedom of speech and of the press, and that all students have the right to participate fully in the educational process, free from discrimination and harassment. Accordingly, school officials will only restrict student speech in accordance with the provisions of Education Code Sections 48907 and 48950. Prior to any restriction of student speech, school officials will consider all practical alternative options, and, where feasible, will implement any such practical alternative options instead of restricting the speech.”

Story so far:

April 2005: Five stories about sexual orientation at East Bakersfield High are slated to run in the school newspaper, but Principal John Gibson pulls them, citing safety concerns for the homosexual students featured.

May 2005: Newspaper staffers again request publication but Gibson says no. The students, with the help of the American Civil Liberties Union of Southern California, sue the Kern High School District. A judge refuses to force publication, saying a full hearing is necessary to explore all the facts.

Nov. 4, 2005: The articles are published in The Kernal virtually unchanged. The district says the safety issues that were present at the time are no longer a problem on the campus. The lawsuit continues.

June 2: The students request a court order requiring the district to protect free speech on campus.

Aug. 18: Kern County Superior Court Judge Sidney P. Chapin tentatively sends the case to trial.

Oct. 19: After ACLU and district discussions of a settlement this fall, the district board passes a change to the district’s student expression policy. The old policy directed the superintendent to develop regulations to ensure free speech. The new policy gives students the right “to exercise freedom of speech and of the press.”

Nov. 16: The district and the ACLU file a joint request to settle the lawsuit. Judge Chapin is expected to approve a court order that would hold the district to the new student expression policy.