Posted on 05/22/2007 3:10:28 PM PDT by republicpictures
SAN FRANCISCO, California; May 22, 2007: Novato High School officials violated the free-speech rights of student Andrew Smith by condemning an opinion article he wrote in the student newspaper opposing illegal immigration, according to an appellate court ruling issued this week. The California First District Court of Appeal held that California law “mandates that a school may not prohibit student speech simply because it presents controversial ideas and opponents of the speech are likely to cause disruption.”
The ruling reverses a 2005 Superior Court decision that favored school officials and even ordered Andrew and his father to pay the Novato Unified School District’s litigation costs.
“This is a resounding victory for the speech rights of public high schools students up and down California,” said Pacific Legal Foundation attorney, Paul J. Beard II, who represents the Smiths. “California school districts are now on notice that they can’t enforce a code of political correctness on their students.”
In 2001, while he was a high school senior, Smith’s speech was chilled by District officials after he expressed a “politically incorrect” viewpoint in the school newspaper. He submitted a commentary piece criticizing illegal immigration. In order for a person to become a citizen they have to comply with a few very reasonable requirements,” he wrote. “The first and most obvious is that you have to speak, write, and understand simple English. Second, you cannot have any felony convictions. ... You must pass a test on American history and culture, and you must be patriotic. ... There should be no tolerance for anyone to be an illegal immigrant. If you can’t comply with our requirements, then stay out of our country.”
Was he trying to incite? No, Smith insists. “The only reason why I wrote the article and the way I wrote it ... was to get people to read it and to think about the topic I was presenting,” he told the Fox News Channel. Indeed, the article was approved for publication in The Buzz by the principal and the journalism faculty adviser. As the Court of Appeal noted, the article did not urge or provoke disruption on campus, and it was not designed to incite.
Nevertheless, the school changed its tune when Smith’s editorial drew more jeers than cheers. The day after the piece ran, as many as 150 teens and adults showed up on campus and called on students to leave class and protest Smith’s message. Instead of defending a student’s exercise of free speech, school officials responded by turning on him. They ordered that the remaining issues of the paper be pulled from circulation, and sent a letter to parents stating that the article never should have been published.
This week’s appellate ruling gives Andrew the relief he sought: A declaration that his article was protected speech and that his rights were violated, along with nominal monetary damages.
“The opportunity for students to express legitimate ideas and opinions on issues of the day is part of the learning process,” said PLF Principal Attorney Sharon L. Browne. “This vital development of communications skills and critical thinking must not be hampered by rigid ideological constraints that might be imposed either because of bias or because of fear. So says common sense, and so says California law, and we are glad that the Court of Appeal has recognized as much.”
Now a corporal in the Marine Corps Reserves, Andrew Smith is currently in Thailand on training.
Run his article in every newspaper starting now up until the end of the next school year.
ping
Semper Fi and well done, Cpl Smith.
He’s in THAILAND????
Isn't that where Murtha wanted to "redeploy" our troops?
Best bit of news on the public school front in YEARS!
No, that's Okinawa, Japan.
Hope Andrew knows enough to stay away from the red-light district.
Ah, thanks.
Hope Andrew knows enough to stay away from the red-light district.
Well, from his article he seems like a pretty bright kid.
So the stalinists in the education system are actively trying to eliminate opinions that they don’t like! not a susprise.
Check this out!
I’ll be traveling from here (NW Arkansas) in two weeks to see my Dad, who lives in Novato. Have never been there; haven’t seen my Dad in 50 years...
Indeed. But be careful...the sword of Free Speech cuts both ways.
>>Best bit of news on the public school front in YEARS!<<
The only disappointment is that it took over 6-years to iron this issue out in the courts. This should be a no-brainer.
Hey, we are talking about California courts. It's a wonder this didn't have to go to the 9th Circus Court of Appeals, where it likely would have been stopped in its tracks.
One more thing: is it just me, or do the conservative folks who sue school districts in order for redress when their free speech rights are violated refuse to threaten districts with multi-millions in penalties? My memory is that when liberals do the same with the ACLU-types representing them, they go for the cash.
Not to be personal, but that’s sad. Hope your reunion with your Dad is a happy one.
For his sake, when he's got one night in Bangkok, I hope he gets his kicks above the waistline, sunshine.
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