The Student Press Law Center ("SPLC"), the nation's only
nonprofit legal-assistance organization serving student journalists, is asking
the Board of Trustees of Los Angeles City College in California to look into a
pattern of threats to the editorial freedom of the award-winning student
newspaper, the Collegian. The letter of concern cites several instances in which the
Collegian and its staff faced intimidation or retaliation for the content
of their journalistic work, including a proposed transfer under which authority
for the newspaper would be shifted to a new department, in an apparent attempt
to exert greater administrative control over the newspaper's editorial
content. The SPLC was joined in its January 15 letter by the Foundation for
Individual Rights in Education, Inc., a nonprofit advocacy group supporting
freedom of speech on college campuses. State Senator Leland Yee, D-San Francisco/San Mateo, California's
leading champion of student First Amendment rights, has called for an inquiry
into possible violations of student journalists' rights, but President
Jamillah Moore has insisted that no violations occurred. "LACC has damaged its own credibility with its stunning inability to
find a First Amendment violation in a climate where such violations seem to
happen as a matter of course. Finding a First Amendment violation at LACC is
like looking for a needle in a needle stack," says the January 15 letter,
directed to LACC Board of Trustees President Mona Field. "It is beyond dispute that at a public college -- especially a
college in California, which has the strongest student free-speech laws in
America -- the student editors of a campus publication have the freedom to
publish anything that is lawful, and to do so free from fear of reprisal,"
said Frank D. LoMonte, an attorney and executive director of the Student Press
Law Center. "Unfortunately, L.A. City College has cultivated a climate in
which student journalists fear that tough, honest journalism will be met with
retaliation against them and their newspaper." "We hope that the Board of Trustees will reinforce to the
administration of LACC that an award-winning newspaper is something to be
celebrated, and that the newspaper's editorial freedom is a vital part of
its educational value," LoMonte said, noting that Collegian staff
writer Mars Melincoff won third-place nationally in the 2009 Associated
Collegiate Press competition for "sports story of the year" --
the only two-year college student recognized in that category -- for her
investigation of academic irregularities in LACC's basketball
program. The letter highlights several examples of apparent violations of free-press
rights on campus, including: President Moore's demand that a student journalist covering an open,
public meeting sign a "waiver" as a condition of being allowed to
report on the events of the meeting.A letter of reprimand issued to an LACC
employee rebuking him for providing the Collegian with a copy of a public
record that documented a (later-rescinded) 40 percent budget cut to the
newspaper. (The letter of reprimand was withdrawn when it was shown that the
employee was not the source of the document, but LACC has never acknowledged
that it is improper to discipline employees for granting lawful requests for
public records.) Students in two-year public colleges in California are protected not only
by the First Amendment to the U.S. Constitution but by California Education Code
Section 76120, which provides that two-year colleges may not prohibit or punish
speech unless it is libelous, obscene, or creates a "clear and present
danger" of inciting its audience to break the law or otherwise disrupt the
operations of the campus. Since 1974, the Student Press Law Center has been devoted to educating
high school and college journalists about the rights and responsibilities
embodied in the First Amendment, and supporting the student news media in
covering important issues free from censorship. The Center provides free
information and educational materials for student journalists and their teachers
on a wide variety of legal topics. © 2010 Student Press Law Center
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