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Principal removes 'black' from student's senior yearbook page


© 2009 Student Press Law Center

January 30, 2009

NEW YORK — An issue with a student's yearbook page at Cuba-Rushford Central School, in Cuba, N.Y., is more than just black or white after her principal told her to change some words on the page.

"I just wrote my senior memories and turned them into the principal, and they wouldn't allow them to be put in the yearbook ... because I put the word 'black' in there," said senior Breanne Veney.

All students were required to turn their page into Principal Carrie Bold for review, and according to Veney's mother, Trina Rickard, Bold crossed out the word "black" from Veney's page and changed it to "unique."

"What is 'unique?'" Rickard said. "How does that measure up to black or white? Is my child different because she is black?"

Veney wrote "we're so black and everyone hates on us for it," "my white girlfriend," and "is it 'cause I'm black?" in her senior memories page, according to Rickard.

Anne Brungard, superintendent of the Cuba-Rushford School District, said the school asked Veney to "reword" her senior memories page after consulting with Christopher Trapp, legal counsel for the school.

"In my view, it could have been deemed offensive by some people, and therefore, rather than offend some people the better course of action is to make it inoffensive to anyone," Trapp said. "A recommendation was made to allow the student to present something else, which might not be deemed offensive, while still certainly if anyone wants to acknowledge their heritage or be proud of their heritage, that is certainly acceptable. That is not a problem."

Trapp does not consider this an issue of censorship.

"I would consider this when you are dealing with language, which can be deemed offensive, more of a liability problem for the school district and the publisher of it," he said. "I think the First Amendment and the cases that are decided under that are fairly clear in terms of responsibility of the school district in that regard."

On the other hand, Frank LoMonte, executive director of the Student Press Law Center, believes previous cases regarding the First Amendment speak for themselves.

"The Supreme Court has clearly stated as recently as the Morse v. Frederick case in 2007 that schools have no right to censor speech just because administrators deem it to be 'offensive,"' LoMonte said."Chief Justice Roberts even used the term 'offensive' right in the opinion. It's amazing that school lawyers are still telling administrators they have the right to censor speech on the grounds of 'offensiveness.' It's equally amazing that schools are claiming they could be liable to lawsuits from people offended by an item in a yearbook."

LoMonte does not agree with the administration's decision and reasoning for asking Veney to change her page.

"There is no legal claim for hurt feelings, and there is no conceivable way that a student referring to her race in a yearbook could give anyone a right to sue," LoMonte said. "I'd challenge the school district to come forward with a single court case in which a school has ever been ordered to pay damages to people who found a remark in a yearbook upsetting to them."

Veney said she feels her rights were violated, and Rickard believes this is "racism on the school's part." She addressed the school board on Jan. 13 during an executive session, where she asked the board to be "open-minded."

"When I first read my opening statement ... they all gave me this look like I should be ashamed of myself for even bringing up a topic like this to discuss," Rickard said. "Like it was dirty. (Like) I should just crawl underneath the chair and be ashamed of myself."

Rickard received a letter Jan. 21 from school board President Aileen Sirianni, stating that "based upon Policy #7411 Censorship of School-Sponsored Student Publications and Activities (6/13/95) as well as the advice of our legal counsel, the board's decision will stand that Bree's senior memories will have to be changed and approved before it is printed in the yearbook."

Rickard does not believe this policy should be applied to her daughter's senior memories page.

"The policy states that you can accept or reject, but where in this policy does it state that the kids can't use a word related to race," she said. "Black, white, or bi-racial."

Veney said she will not turn in her page unless she can use the original language.

"It bothers me because I would like to put in the memories that I have had with my friends over the years, but then again, on the other side ... I don't want to put the principal's words in my memories."

By Jaclyn Hirsch, SPLC staff writer

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