Because I sat at the helm of my community college and university newspapers once upon a time, stuff like this tends to grind my gears.
According to the Orange County Register, the principal of Orange High School in Orange, Calif., stopped the distribution of a student magazine because it had a “gang-looking” tattoo on the cover and because of a Top 10 list of things to do before graduation that included a clothing-optional swim in the school pool.
I understand where maybe the Top 10 list could be seen as encouraging students to break school rules. But even when students volunteered to tear out those pages the principal still refused distribution because of the tattoo.
Was the principal wrong in doing this? I think so. But what do the legal guys have to say?
From the O.C. Register’s article :
“California has the strongest set of laws protecting student speech and student publications in the nation, said Frank LoMonte, the executive director of the Student Press Law Center.
State law allows school administrators to restrict student speech that is obscene, libelous or slanderous. They can also prohibit material that creates a ‘clear and present danger’ of inciting students to break the law, violate school regulations, or cause ‘substantial disruption’ of school operations.
That may apply to the Top Ten list, with its suggestions to skinny dip and skip school. But LoMonte said a judge might consider the list to be nothing more than satire, and therefore no real threat to school operations.
The tattoo cover and story appear to be ‘well within the protection’ of California law, LoMonte said. The magazine, he said, was ‘not promoting tattooing any more than informing people about a rash of fires is promoting arson.’ “
Luckily for the students, they have a wealth of resources now if they still want to continue publication, albeit in another medium.
If I were in the student editors’ position, as a “frak you” to the principal, I would take the PDFs for the magazine and publish them online through a site like Issuu, then invite members of the school community to comment on it through Facebook, MySpace or Twitter.
It won’t erase what the principal did, but at least the students would get a chance to showcase their work.
Read the story and take a look at photos of the magazine here.
The case is also highlighted at the The Student Press Law Center, the National Coalition Against Censorship, the California First Amendment Coalition and the Citizen Media Law Project.
Photo: zalgon / Flickr
About The Chronicles of a Blawgirl
This blawg follows Julie Anne Ines as she continues her law school journey as a 3L in Fall 2011. Learn more about her here. Find/stalk her online profiles using the social toolbar at the bottom of your browser. Email her at ja_ines (at) msn (dot) com. Thank you for reading!Recent tweets!
Latest Tumblr Post!
I would not send a poor girl into the world, ignorant of the snares that beset her path; nor would I watch and guard her, till, deprived of self-respect and self-reliance, she lost the power or the will to watch and guard herself .
Anne Brontë (via thisgreeneyedgirlleftscars)
Explore!
1L 3L anagrams art book review books boyfriend browncoats cambodia chapman cheap eats cool cute deep dark secret deviant art deviantART Diversions firefly flickr frugal finds frugal living fun funny glawsip i can has thoughtz julie anne ines law school law school news law student law students legal issues legal news life lolcat music penned posts phnom penh shark attack student loan debt teenie me tweets of the day uc irvine wordless wednesday words youtubeBlawgroll
- Above the Law
- Chicago Criminal Defense
- Dennis Jansen
- Frugal Law Student
- Hate is easy … Love takes courage
- Law Actually
- Law and the Multiverse
- Law School / Technology
- Law School Ninja
- law:/dev/null
- LSAT Blog: Ace the LSAT
- Ms. JD
- Never Been Lived Before
- Not Guilty, No Way
- Paragon2Pieces
- Social Media Law Student
- Sustained!
- The Legal Line
- The Popehat
- The Reasonably Prudent Law Student
- The Shark
- The Volokh Conspiracy
- Write and Wrong
Classroom reading (Just kidding. Not really.)
How to be a Lady
Advertisement













