Journalism teacher claims school newspaper unjustly censored

David Evans, journalism teacher and adviser of Fallbrook High School’s student newspaper, the Tomahawk, claims his students were censored by the school’s principal, Rod King, on two occasions during the 2007-2008 school year.

Evans also claims he has been removed from his position as adviser for the newspaper, and that the journalism class has been removed from the school’s 2008-2009 curriculum, because he took issue with the censorship and violated the “chain of command” by speaking with a member of the governing school board in regard to the issue.

“I am sorry this situation even exists,” Evans says.

Evans sought advice on his concerns of censorship from the Student Press Law Center in Arlington, VA, which subsequently broadcast Attorney Advocate Adam Goldstein’s written opinion via electronic mail to media outlets.

Goldstein’s opinion places blame on Fallbrook High School, saying, “…both instances of censorship were in violation of Education Code Section 48907.”

Education Code Section 48907, in part, protects written expression by students unless it is considered to be obscene, libelous or slanderous.

The 2007-2008 school year was the first that Evans served as the paid, credentialed teacher of the journalism class at Fallbrook High, although he has taught there for four years. For two years prior, he served as a “coaching volunteer” in journalism, he says.

The first claim of censorship

Evans claims the first instance of censorship occurred last November when King pulled an article from publication that was written by a student claiming former superintendent Tom Anthony had refused a request (for three hours) from a fire marshal to shut down the school so that it could be used as an evacuation point during the Rice Canyon Fire.

Several sources say the information contained in the article was based on a rumor started by individuals supporting an effort to remove Anthony from his position as superintendent.

It appears possible that publishing the story could have put the school district at risk of legal action for libel if administrators, such as King, knew the claim about Anthony was false.

When asked if he knew whether the article about Anthony may have contained libelous information, Goldstein, who was quick to condemn the school administration, admitted, “I don’t have any knowledge of anything like that,” and said in a telephone interview on July 11 that his opinion was strictly based on information provided by Evans and he did not know anything about what factors may have affected the administrator’s decision to pull the article.

Although Goldstein didn’t have what many would consider both sides of the story, he wrote to Evans that “fresh and fertile grounds” have been created for litigation against the district.

Nonetheless, Goldstein scripted his opinion in favor of Evans, outlining demands Evans should make of district’s administration and threats that should be made as to the consequences that may follow if his demands are not met.

The second claim

The second incidence of censorship, Evans claims, took place in May when the final 2007-2008 issue of the school newspaper was about to go to press.

The teacher claims that King pulled an editorial written in opposition of abstinence-only sex education. Evans says King called the editorial “one-sided” and “controversial.”

Evans provided a copy of the e-mail he received from King pertaining to the removal of the editorial from the paper. In reading it, there was another statement made by King which read, “I’m perplexed as to how a high school student continually uses the phrase ‘our children.’”

While all copy for a school newspaper, including editorials (opinions), is expected to be written by students, it appears by the comment King made that he could have been suspicious about whether the piece was indeed written by a student.

In reviewing a copy of the editorial, provided by Evans, there are four instances of phraseology that indicate it may have been written by an adult.

While an editorial about a subject such as sex education can be regarded as merely the writer’s opinion – provided it does not make libelous statements about individuals, businesses or organizations or contain crude language – it is unlikely to be viewed as obscene, libelous or slanderous under the Education Code.

Other than that, to be justly refused for publication the contents would have to be such as to create the impending danger of unlawful acts on school premises, the violation of lawful school regulations or a significant disruption of the orderly operation of the school.

Based on the limited information available, in this journalist’s opinion, it appears more likely that the decision not to publish the editorial may have been based on a concern about whether the editorial was written by a student, as it should have been, versus a concern that the contents presented a threat of danger to the campus.

It becomes more complex

Complicating the issue further, Evans claims he has been penalized for speaking with a member of the FUHSD Board of Education about the matter.

It appears Evans attended an athletic event on June 4 where he spoke with Board President Bill O’Connor about the matter of censorship.

Evans says he was informed the very next day that the journalism class was being cancelled for next year, although approximately 30 students were already registered for it.

He says King also told him he would no longer serve as adviser.

Evans claims the reason King gave him for the decisions was that [Evans] had “violated the chain of command.” What exactly was said, and how it was said, by both parties is not possible to verify at this time.

What is known is that the journalism class has been removed from the regular curriculum and will be offered as an extracurricular option for 2008-2009.

The adviser for the after-school class, who has yet to be named, will be paid a stipend, like that of an athletic coach.

Journalism isn’t the only class pushed to extracurricular status. District budget shortfalls have led to King having to trim several classes from the curriculum.

Would the journalism class have been changed to an extracurricular regardless of Evans’ claim? It appears quite probable, based on the small enrollment numbers for the class.

In any given year, electives in areas such as journalism, music, electronics and agriculture may or may not be offered. Administrators find themselves having to constantly adjust class offerings due to state-mandated requirements they are obliged to address.

Legal demands

Evans has given the district a deadline of August 4 to respond to his claim and meet his demands, which include: 1) his reinstatement as advisor and the return of the journalism class to the curriculum and 2) an apology from school administrators for their actions and an affirmation that they intend to obey the law in the future.

Evans says his demands must be met in their entirety or the district will be subject to litigation.

“On advice of counsel, the aggrieved parents, students and are presenting the district with a final opportunity to avoid a lawsuit over the multiple illegal acts,” Evans said.

Goldstein told this newspaper that the Student Press Law Center may assist Evans with pro bono legal assistance.

In addition to his assistance with the school newspaper, Evans has been the advisor of the FUHS yearbook (the Moccasin) for the past two years, leading the students to two consecutive first place awards for their work at the San Diego County Fair.

Evans has been a teacher for a total of nine years and was the school newspaper and yearbook advisor for one year at Calexico High School.

When contacted for comment on the matter, Dr. Robert French, interim superintendent of Fallbrook Union High School District, said, “This is a personnel matter and I choose not to comment.”

Principal Rod King also said he could not comment on the situation.

In a letter to Evans, French indicated he had forwarded all information and correspondence on the situation to the district’s legal counsel, as can be expected in any situation involving an employee.

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