Calif. court cuts school district’s legal fees to former student for First Amendment lawsuit
June 30, 2009
CALIFORNIA — A California school district is getting hit
with a much cheaper legal bill after illegally censoring an article eight years
ago, an appeals court ruled last month.
Instead of the nearly $1.5 million legal bill initially requested by Andrew
Smith — who penned an article in 2001 that was censored by administrators
— a trial court ruled the Novato Unified School District will pay
$336,350 in attorney fees. The California Court of Appeals in San Francisco,
Calif., affirmed that
decision May 28.
The only matter left to settle is the amount of interest the school
district will be required to pay on that total, which a trial court will decide
within a few months, said Stephan Birgel, who represented the school
district.
Birgel said the reduced amount was "a good ruling," noting he
felt the requested $1.5 million was "very unrealistic." Birgel said
the figure was high because the plaintiffs had included "a lot of
excess," including charging to rent cars, learning new trial technology,
and claiming six hours of attorney fees for a one-page form.
The lawsuit stemmed from Smith's 2001 editorial titled
"Immigration" in the school's newspaper, the Buzz.
Smith criticized immigration laws, causing some students to protest.
Then-Principal Lisa Schwartz quickly implemented prior review and postponed a
second column by Smith titled "Reverse Racism."
In 2005, the Marin County Superior Court said school officials were right
in censoring Smith's editorial. But the California Court of Appeals
reversed the ruling, invoking California's Education Code section 48907,
which guarantees students have free expression rights in schools except with the
speech is "obscene, libelous or slanderous" or incites students to
create a danger or disruption to the school's operations.
The California Supreme Court denied the district's appeal in 2007 and
the U.S. Supreme Court declined to hear the case in 2008.
After the district pays the legal fees, including the interest, the case
will be over, Birgel said.
Smith's attorney, Paul Beard, and officials from the Novato Unified
School District did not return calls for comment.
By Brian Stewart, SPLC staff writer
© 2009 Student Press Law Center
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