California Supreme Court lets stand free-speech ruling for student

原创 2007年09月14日 08:52:00

The state Supreme Court rejected the Novato school district's challenge Wednesday to a ruling that upheld a high school journalist's right to write an anti-immigrant editorial and affirmed California's strong legal protections for students' free speech.

The justices unanimously denied review of an appeal by the Novato Unified School District, which was told by a lower court that it had violated the student's rights by yanking copies of the school newspaper out of circulation and telling parents that the editorial shouldn't have been published.

The student, Andrew Smith, wrote an editorial in the Novato High School newspaper in November 2001 saying any Latino who couldn't speak English was probably an illegal immigrant and should be taken in for questioning.

After hearing complaints, the principal held an assembly for parents and students, then ordered the remaining issues removed from circulation and sent a letter to parents saying the editorial violated school standards and shouldn't have run.

Smith said he was physically attacked on campus soon afterward. He was not disciplined by the school for the editorial and continued writing for the newspaper. He now attends community college in Santa Rosa, his lawyer said.

His suit sought $1 in nominal damages and a declaration that the school district had violated his rights. A Marin County judge rejected Smith's claims but was overruled May 21 by the First District Court of Appeal in San Francisco.

"A school may not prohibit student speech simply because it presents controversial ideas and opponents of the speech are likely to cause disruption," Justice Linda Gemello said in the 3-0 ruling.

The court relied on a 1971 California statute, the nation's first state law to protect free speech in public schools. The law says students are entitled to freedom of speech and of the press unless what they say is obscene or libelous, or creates a "clear and present danger" of lawbreaking or disorder on campus.

Speech that is provocative remains protected, Gemello said, unless the speaker calls for a disturbance, or "the manner of expression (as opposed to the contents of the ideas) is so inflammatory that the speech itself provokes the disturbance."

Gemello said Smith's editorial was written in a "disrespectful and unsophisticated manner" but contained no direct provocation or racial epithets.

The ruling said the California law is a stronger shield for student expression than the constitutional protections recognized by the U.S. Supreme Court.

The nation's high court has ruled that students have free-speech rights, but has also allowed school officials to remove material they considered inappropriate from student newspapers.

In June, the court upheld the suspension of an Alaska high school student who unfurled a banner reading "Bong Hits 4 Jesus" outside the school grounds, a message that Chief Justice John Roberts said could be reasonably interpreted as promoting illegal drug use.

"The (U.S.) Supreme Court is moving away from protection of student speech on high school campuses, and the California courts seem to be moving in the opposite direction," said attorney Paul Beard of the Pacific Legal Foundation, which represented Smith.

The Novato school district argued that the state law wasn't intended to go beyond the federal standard and should be interpreted to let school authorities decide whether a statement is likely to incite disruption.

The appeals court ruling "greatly curtails the ability of school administrators to deal with incidents of violence which may be caused by students exercising their free-speech rights," Dennis Walsh, the district's lawyer, said in court papers.

The case is Smith vs. Novato Unified School District, S154067. E-mail Bob Egelko at  

California Mathematics Grade-6 Content in Brief:

California Mathematics Grade-6 Content in Brief: Start Smart: Be a Better Problem Solver Unit 1: ...
  • ccwwff
  • ccwwff
  • 2012年07月27日 08:59
  • 1196

lets encrypt教程

【准备】 我的服务器是CentOS 7 ping出acme-v01.api.letsencrypt.org的IP,得到IP后加入服务器的白名单。(可选,主要是为了防止被云服务器的防火墙给挡了数据)...
  • tangxinzhuan
  • tangxinzhuan
  • 2016年12月06日 12:58
  • 708

Linux-stand alone与super daemon

鸟哥的Linux私房菜--基础学习篇内谈到,在一般正常的Linux系统环境下,服务的启动与管理主要有两种方式: stand alone:顾名思义,stand alone就是直接执行该服务的可执行...
  • skc361
  • skc361
  • 2013年11月26日 00:14
  • 679

POJ 1015 Jury Compromise

Jury CompromiseTime Limit: 1000MS Memory Limit: 65536KTotal Submissions: 14666 Accepted: 3757 Specia...
  • hqd_acm
  • hqd_acm
  • 2010年08月01日 18:12
  • 773

hotel california(加州旅馆)中英对照歌词

很早以前看过的,今天无意中又看到了,遂收藏之,相当经典!on a dark desert highway cool wind in my hair warm smell of colitas risi...
  • schneier
  • schneier
  • 2006年07月27日 18:53
  • 1207

It takes nothing to join the crowd

It takes nothing to join the crowd. It takes everything to stand alone. ...
  • pursue16
  • pursue16
  • 2017年05月26日 21:29
  • 1142

poj2528 线段树 区间合并 特殊离散化

Description The citizens of Bytetown, AB, could not stand that the candidates in the mayoral elec...
  • yslcl12345
  • yslcl12345
  • 2016年03月14日 21:37
  • 398

Stand Up!

Stand Up!Udi DahanAS ARCHiTECTS, MAny oF uS HAvE gRoWn from highly technical positions where our su...
  • wangzi11322
  • wangzi11322
  • 2015年07月30日 09:25
  • 763

使用 Android NDK Stand-alone 交叉编译工具

使用 Android NDK Stand-alone 交叉编译工具 NDK r5 正式支持作为独立的交叉编译toolchain(不必依靠Android Make 系统),参考andro...
  • CHALLEN537
  • CHALLEN537
  • 2012年01月03日 20:58
  • 1232

UVALive - 6039 Let's Go Green

There are a lot of cities in Tree Land kingdom and each city is connected to other cities with roads...
  • Wabrush
  • Wabrush
  • 2017年07月26日 09:31
  • 173
您举报文章:California Supreme Court lets stand free-speech ruling for student