First Amendment topicsAbout the First Amendment
News Story
 
Court won't stop principal from censoring stories on gays

By The Associated Press
05.26.05

BAKERSFIELD, Calif. — A Kern County judge declined to immediately overrule a high school principal’s decision to censor student newspaper articles on homosexuality, saying the issue deserved a full review.

“This is an important issue that would require an opportunity to have a full and complete hearing,” Kern County Superior Court Judge Arthur E. Wallace said yesterday after denying the plaintiffs’ request for an emergency order that would have allowed the articles to be published in The Kernal’s May 27 year-end issue.

The journalists from East Bakersfield High School sued the Kern High School District on May 19, after Principal John Gibson decided they couldn’t run five articles discussing subjects such as gay students’ relationships with their parents, whether homosexuality is biologically determined, and how it felt to come out.

Gathered in the Central Valley’s wilting heat after school, the students involved talked about their disappointment in the judge’s decision.

“It’s our story; it’s our voice,” said Janet Rangel, a senior who was interviewed for the pieces. “We won’t be able to read it as a class.”

School officials said they simply could not be responsible for helping to incite violence or harassment by allowing the articles to be published. Gibson didn’t respond to repeated calls for comment.

“If one of these people is heckled or harassed, that’s an unlawful act,” said John Szewczyk, an attorney for the school district. “Statements have been made that these students are out, but we have no proof of that.”

He also said there were unspecified “incidents” concerning students on campus that caused school officials concern.

Bakersfield is a conservative community in California’s agricultural Central Valley, but students at East Bakersfield High said they haven’t known of any threats against students who are already open about their sexual orientation, and whose names and photos are appearing in news articles around the country.

“These people have been out to their school, to the community here in Bakersfield, and to the state and country now,” said Joel Paramo, the student paper’s editor-in-chief. “Do they want to see them hold hands in public and make out? We could get a lot of people together for a demonstration of homosexuality, if that’s what it takes.”

Student reporters also obtained written permission from those they interviewed and from the parents of those who were minors.

“The students don’t have to choose between free expression and their safety. They have a right to both,” said attorney Christine Sun, with the American Civil Liberties Union of Southern California, which filed the suit.

She added that school officials have not taken any other measures to protect these students from perceived threats, such as contacting their parents or speaking to campus law enforcement.

Earlier this week, Gibson agreed to allow publication of the series if the names and photos of students involved were withheld. The newspaper staff rejected the offer.

“It’s the student’s names, their photographs, that make our readers connect with them,” said Maria Krauter, editor of the paper’s feature section, where the articles would have run.

What ultimately happens in this case will impact other high school campuses, where “we’re seeing a lot of censorship of gay and lesbian issues,” said Sun, who is working on similar issues in other high schools around the state.

Students have decided move forward with the case and seek another hearing, the ACLU said.

“We’re definitely going to try to get these articles out,” Paramo said.


Update
Calif. student newspaper finally prints controversial articles
School officials relent, allow Bakersfield students to publish stories written last school year that were based on interviews with homosexual students. 11.08.05

Previous
California teens challenge censorship of high school newspaper
'The Kernal staff, along with the gay students we interviewed ... have lost our voices,' says editor, plaintiff in suit against Bakersfield district. 05.22.05

Related

Georgia principal kills student newspaper's final edition

Pebblebrook High's Randolph Bynum also eliminates journalism class, citing teacher shortage, need to keep more popular courses. 05.27.05

Minnesota principal pulls opinion piece from student newspaper
Richfield administrator says essay critical of open enrollment, its effects on basketball team unfairly singled out transfer student. 06.06.05

Student editors challenge prior review of newspaper
Washington teens sue, arguing that since 1989, Kodak has served as public forum for Everett High students, with no content oversight by school administrators. 12.16.05

Principal recalls student newspaper, cites 'inappropriate' images
Washington educator says she has no problem with subject matter — embarrassing moments — but photo of student with fly unzipped, tampon illustration crossed the line. 02.10.06

Gay themes spark lawsuit against Mass. school district
Two couples claim their rights have been undermined by kids receiving, hearing certain storybooks without parental notification. 04.29.06

Texas school refuses to distribute student newspaper
District officials say Panther Press, which included articles about sex, should have been reviewed beforehand by Danbury principal. 01.16.07

When school grounds become free-speech battlegrounds
By Paul K. McMasters Should high school students have full freedom to exercise their First Amendment rights? 06.05.05

K-12 newspapers & yearbooks

News summary page
View the latest news stories throughout the First Amendment Center Online.

print this   Print


Last system update: Thursday, August 21, 2008 | 23:52:12
 SEARCH  MORE
About this site
About the First Amendment
About the First Amendment Center
Video/RSS/podcasts
First Amendment programs
State of the First Amendment
reports

First Reports
Supreme Court
Experts
Columnists
First Amendment publications
First Amendment Center history
Glossary
Freedom Sings™
Events
First Amendment
Schools

Congressional Research Service reports
Guest editorials
FOI material
The First Amendment
Library

Lesson plans
freedomforum.org
Newseum
Contact us
Privacy statement
Related links