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Two California student journalists and a student media advisor have filed a lawsuit against their school district and administration, accusing them of “bullying, intimidation, and coercion.”[ing]”, he retaliated against the staff of the student newspaper in order to “save face,” causing him to skip journalism classes and dismiss his advisor.
Hannah Olson, co-editor-in-chief of Mountain View High School’s student newspaper, Oracle, former reporter Hayes Duenow, and former advisor Carla Gomez said the act was reported in an investigative article about a student-on-student sex incident last spring. It is claimed that they were related. Harassment at school.
The lawsuit was filed today in Santa Clara County Superior Court on the occasion of Student Press Freedom Day, a national movement to raise awareness of student journalists’ censorship and assert their right to press freedom.
In their complaint, the plaintiffs say that Principal Kip Glaser “repeatedly used his authority and position to subject student journalists to significant and unlawful pressure” to “substantially water down their thorough investigations.” “I put it to him,” he accused. After multiple meetings about the draft article, Glaser told them they should instead write about the school in a “positive light.”
The complaint details several significant changes the student journalists made to the article before publication because they were intimidated by Glaser’s “unlawful censorship pressure.”
Shortly after publication in spring 2023, Glaser said: oracle Officials said she would cancel the introductory journalism class, remove Gomez as an advisor and appoint a teacher with career and technical education credentials. The complaint alleges these actions were in retaliation for the article and that the CTE description was a “pretext” because the journalism program is not designated as a CTE program for the 2023-2024 academic year.
Mr. Olson, Mr. Duenow and Mr. Gomez allege that these actions violate California Education Code Section 48907 and state labor law.
California Section 48907 protects student journalists from administrative censorship, with limited exceptions, and protects student media advisors from retaliation for refusing to censor students in violation of the law. California was the first state to pass such a law, which is now enacted in 17 states and is commonly referred to as the New Voices Act.
Gomez is asking the court to order the school to resume journalism classes and reinstate Gomez as an advisor.Olson and Duenow are seeking a court order barring schools from censorship or enforcement. oracle Future plans include allowing current or future student editors to publish uncensored versions of articles if they wish.
They each explained why standing up against censorship and retaliation is important to them.
- Hannah Olson: “This lawsuit is important to me because I want to ensure the long-term stability and prosperity of my school’s journalism program and I want to ensure that my school’s student journalists have the right to publish the stories that deserve to be told. I want them to be given the authority to protect them.”
- Hayes Duenow: “This case is important to me because all student journalists should express their thoughts and opinions and disseminate information freely without feeling pressured by those in charge to change stories to suit their priorities. Because it’s important to me to have a platform where I can do that.”
- Carla Gomez: “This case is important to me because student journalists have the right to exercise their First Amendment rights without retaliation, censorship, or intimidation.”
They are represented by Jean-Paul Jassy, Kevin L. Vick, Jeffrey A. Payne, and Jordyn Ostroff of the law firm Jassy, Vick & Carolin LLP, who previously represented the firm. It sent a letter to the district demanding that it rescind its retaliatory measures. oracle. Lawyers from the Student Press Law Center have been working with students since last spring, connecting them with her girlfriend, Jassy, who is part of SPLC’s National Volunteer Lawyer Referral Network.
“These student journalists were working in the highest traditions of a free press, the lifeblood of our democracy,” Jassy said. “Their brave advisor stood by our students, but she was unfairly punished. We are proud to fight for them and their work.”
“Rather than bullying or threatening student journalists, Mountain View High School administrators should listen to, empower, and support student journalists,” said SPLC Executive Director Gary Green. “We hope Mountain View parents and community members will join us in calling on the school district to correct these acts by reinstating Counselor Carla Gomez and the journalism class. Students’ detailed reporting on issues is exactly what the California Legislature sought to protect with the New Voices Act.
View the lawsuit complaint here.
The Student Press Law Center (splc.org) is a nonpartisan nonprofit organization working at the intersection of education, journalism, and law to promote, support, and defend the free press rights of student journalists and their advisors. SPLC provides free information, training, and legal assistance to high school and college journalists and the educators who work with them.
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