WASHINGTON — After much media attention and protests from students, advisers and free speech advocates, the Seattle Public School District has
decided to withdraw the freedom of expression proposal introduced at last
week’s school board meeting. The district announced Monday afternoon that the policy
would be removed from upcoming agendas so administrators can “ensure that it
better reflects the community’s values,” according to a press release. “As a former journalism teacher, it is important for me — as
I know it is for our Board — that we uphold our practice of trusting our
teachers to educate our students on the rights and responsibilities that come
with freedom of expression and free press,” Interim Superintendent Susan
Enfield said in the release. The school board will revisit the proposal in 2012, Enfield
said. Kathy Schrier, executive director of the Washington
Journalism Education Association, said administrators had woken a “sleeping
giant” in the form of the scholastic journalism community. “We headed this one off at the pass,” Schrier said. “But I’m
feeling like it’s still going to be revisited in 2012, and we’ve got this
momentum going.” Many students and advisers were unaware of what the current
policy was, she said, and now they realize they cannot take it for granted. “Finally, something good happens,” Schrier said. “We just
get so trampled sometimes by one bad decision after another happening. When
something finally works, it’s like, ‘My God, what a relief.’” ---------------------------------------------------------- EARLIER MONDAY: Months after winning a libel lawsuit based on its hands-off
treatment of student journalism, the Seattle Public School District seems
poised to clamp down on its freedom of expression policy as part of a major
school code overhaul. Amid a flurry of updates to policies and procedures
introduced at last week’s school board meeting, school principals would be
granted prior review authority, and publications could be barred from running
anything “disruptive” or “inappropriate.” The new language is a reversal of the district’s long-held
stance, which helped it defeat defamation claims lobbed by two Seattle
landlords in response to a 2009 Roosevelt High School newspaper story. Mike Hiestand, consulting attorney for the Student Press Law
Center, called the move “nonsensical.” “We dodge this rare bullet that comes our way because we do
things a certain way, so let’s change that way,” Hiestand said. “Let’s do things completely differently so
maybe we can encourage more lawyers to file lawsuits.” The story in The
Roosevelt News reported that brothers Hugh and Drake Sisley had been
accused of “racist renting practices” at properties they own near the high
school, which the article referred to as the “Sisley slums.” The Sisleys filed separate lawsuits against the district. A Washington state court judge dismissed Hugh Sisley’s claim
in a July 22 judgment that found the district was not liable for allegedly
defamatory remarks made by student media because of its freedom of the press
policy. The judge also ruled that the story was not defamatory
because the Sisleys were unable to prove it false. Sisley’s attorney is appealing to the Washington Court of
Appeals. Under the new rules, principals would be allowed to halt
publication if they deem material to be potentially libelous or “not in keeping
with the school’s instructional mission and values.” The language in the policy draft is lifted from suggested
wording by the Washington State School Director’s Association, which works with
the state’s school boards, the Seattle
Times reported. The association allows school boards to purchase sample
policy drafts and updates via an annual subscription fee, according to its
website. Kathy Schrier, executive director of the Washington Journalism
Education Association, said she was stunned that the district would even
consider such a restrictive policy, calling it “the policy language that just
won’t die.” “It’s just bad, bad policy that got in the pipeline and
won’t go away,” Schrier said. “And it keeps being recommended by state
associations and school districts just buy it hook, line and sinker. It’s like
a really bad virus, and once it takes root, it just devastates the scholastic
press.” District spokeswoman Teresa Wippel said the public does have a month to comment and let their voices be heard before the board votes. She referred additional questions to school board member Harium Martin-Morris, who did not immediately return a message seeking comment. However, Martin-Morris told the Times, “It's to make sure we don't do
things that are libelous or inflammatory or any of those things.” Similar prior review measures in the Puyallup School
District, resulting from a 2008 lawsuit, have stifled student voices, Schrier said.
Several students sued that district for invasion of privacy after the Emerald
Ridge High School newspaper quoted them by name in a story about oral sex. The
district won the case in 2010, but the prior review remains. “The kids are self-censoring like crazy,” Schrier said.
“They don’t even try important stories anymore. They know that they do all the
work, and it’s just going to get crushed.” Seattle students have wasted little time in letting their
feelings about the proposed changes be known. Two editors at Ballard High School’s The Talisman used the weekend to post signs around the school
proclaiming “Student 1st Amendment Rights at Risk,” the Seattle Times reported. Despite the Roosevelt ruling, district officials told the Times they were wary that another judge
could find the district liable because student newspapers use school resources
and property. District attorneys are arguing now the lower court ruling
was a “fluke,” Schrier said. Schrier said the WJEA is interested to see what interim
superintendent Susan Enfield, a former journalism adviser who has not yet
commented on the situation, has to say at the next school board meeting Nov.
16. The board will also be taking public comments on the
proposal at that meeting, and Schrier said she wants to make sure all students
and advocates follow proper protocol. “What can happen if you’re raucous about stuff, there’s a
pushback,” she said. “[It’s] the ‘We can’t let the inmates run the asylum’
thing.” The school board is scheduled to vote Dec. 7 on the
proposal. Now that it has raised eyebrows, Hiestand said he’s hopeful
the issue will be addressed. “There’s really no reason to change things. One, you’ve got
the Roosevelt ruling, and, two, you’ve actually got a policy that’s worked
really well for Seattle schools,” Hiestand said. “For this to happen here at this
time, it’s kind of bizarre.” By Nicole Hill, SPLC
staff writer
© 2011 Student Press Law Center