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Kern County judge declines to allow publication of gay students’ articles
Principal’s censorship will stand for now; full review possible
Published Thursday, 02-Jun-2005 in issue 910
BAKERSFIELD, Calif. (AP) – A Kern County judge declined to immediately overrule a high school principal’s decision to censor student newspaper articles on homosexuality, but noted the issue deserved a full review.
A group of high school journalists sued the Kern High School District on May 19 in an effort to keep their principal from stopping them from publishing articles that included photos and interviews with gay students discussing their sexual orientation.
The suit, filed by the American Civil Liberties Union in Kern County Superior Court, requested an emergency order to allow the paper to publish the stories in The Kernal’s year-end issue.
“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 May 25 in denying the plaintiffs’ request.
East Bakersfield High School Principal John Gibson had said he blocked publication because he was worried about violence on campus.
Student reporters obtained written permission from those they interviewed and from the parents of those who were minors. Still, Gibson pulled the stories but later agreed to allow publication if the names and photos were withheld. The newspaper staff rejected the offer.
“The students don’t have to choose between free expression and their safety. They have a right both,” said ACLU attorney Christine Sun.
School officials said they simply could not be responsible for helping to incite violence or harassment by allowing the articles to be published.
“If one of these people is heckled or harassed, that’s an unlawful act,” said John Szewczyk, a school district attorney.
Students have several options now, ACLU attorneys said. They could file an emergency appeal of the judge’s decision, move forward with the case and seek another hearing, or accept the school’s deal to publish the articles without names.
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