WASHINGTON -- A Pierce County jury found in favor of the Puyallup
School District on Wednesday, establishing that the school's 2008 student
newspaper article about students' sexual practices and histories was not a
violation of those students' privacy.
The 10-2 jury ruling confirmed there had been no privacy violation by the
Emerald Ridge High School newspaper, The JagWire, in printing the
article, said Mike Hiestand, a Student Press Law Center attorney.
"It really was decided as a straightforward invasion of privacy
case," Hiestand said.
The jury determined that there was a level of newsworthiness, a legal
defense in invasion of privacy cases, to the story reporting on oral sex in high
schools, and that the student journalists were"exceptionally
credible," Hiestand said.
In 2008, four students filed suit against the school district, claiming
they had not consented to the JagWire printing their names and
"private details." The issue that instigated the lawsuit was printed
in February 2008, and included information about named students' sexual
experiences, including intercourse and oral sex.
Frank LoMonte, executive director of the Student Press Law Center, said
this verdict maintains sends a positive message that should reassure supporters
of student press rights.
"It's a great relief to be able to say that there is still no
documented case of a school being successfully sued for a penny over something
its newspaper has published," LoMonte said."The 'liability
run amok' argument has always been a smokescreen for people whose agenda
is to do away with independent journalism, and this verdict just further
reinforces and validates that."
John Connelly, of Connelly Law Offices in Tacoma, Wash., the attorney for
the student plaintiffs, said that while the ruling disappointed him, there were
other victories in this case.
Superior Court Judge Susan Serko ruled on Monday that the JagWire
is a limited public forum newspaper, but -- contrary to the way other
courts have interpreted the First Amendment -- also ruled that school
administrators could censor content for any legitimate educational purpose. The
plaintiffs had tried to claim that since the paper was subject to broad
censorship discretion, and the school district gave so much editorial control to
the students on the newspaper staff, that that made the school district
negligent, Hiestand said.
Since the students filed the lawsuit, the school has enacted a more
stringent policy of prior review, under which the newspaper must consult the
adviser and principal on any controversial issue, to"discuss it and
review it before it goes out,"Connelly said.
Connelly said the students are currently researching various aspects of
the case and exploring the possibilities of any appeals in the case.
By Katie Maloney, SPLC staff writer
