As regular visitors to this website will know, the past week has seen an intriguing ‘freedom of the press’ situation brewing in the United States.  This is not about a ‘heavyweight’ internationally-known publication fighting off high officialdom.

It is about a student newspaper, run by the students themselves, in Bakersfield, California.

The teenagers were planning for their next issue of The Kernal a handful of articles on gay students and  issues.  But the Principal (head teacher) of East Bakersfield High School, John Gibson, ruled that the five articles from varying perspectives about gender identity, sexual orientation and students’ personal stories could not be published.

Joel Paramo, the 18-years-old editor who is in his final few weeks as a student at the school, cried 'foul', as any self respecting editor would do.

Gibson’s reasons for preventing publication of the articles were that they might cause disruption within the school and articles on sexuality were not permitted.

But the The Kernal, a widely respected newspaper that has won awards, had previously published articles on sexuality.

Young Paramo and his editorial staff, including the gay students who had openly written the articles, were joined joined by their parents in saying that Gibson’s ban on publishing the the articles breached ‘First Amendment’ rights enshrined in the US Constitution.

“I am really surprised and disappointed by our principal’s decision to censor us,” said  Paramo. “I wish we didn't need to file a lawsuit against the school to publish these stories. We chose to focus on sexual orientation in the paper so that the issues could be talked about in the open, not stuffed back into the closet.”

The student editors  apparently went to great lengths to ensure their sources and even their sources’ parents knew about the articles.

Last week, the students and their parents decided to go to court and they sought a quick hearing so that The Kernal could include the articles in its final edition of the academic year, which was due to go to print yesterday (May 25).

At the hearing, held on Tuesday (May 24), Kern County Superior Court Judge Arthur Wallace ruled that a full hearing was necessary to explore all the facts.  And he added that because the articles were not ‘breaking news’, they could be held.

Despite his relatively young years, Paramo disagreed.  “This is a very timely matter,” he  said. And the reason was because the seniors at the school  were about to leave and would not be able to read the articles if they were published next academic year.

The Bakersfield Californian reported yesterday (May 25) that student Rudy Cachu, who is featured in one of the articles, said he was disappointed with the judge’s decision, but in a small way felt relieved. “I already feel like we kind of won in a way. Our story is already out,” he told the Californian’s Amy Hilvers.

The students and their families are being represented by Christine Sun, staff attorney for the American Civil Liberties Union of Southern California.

“The East High students took an important step in promoting tolerance and understanding. They picked up where the school did not venture to go,” she said. “These students are taking a very courageous step and we take the safety of all students very seriously.”

Janet Rangel, a senior at East High, was interviewed for the story with her mother, both are plaintiffs in the lawsuit. Rangel said she was shocked to learn the stories would not be published.

“When our principal said the articles on sexual orientation could not be published in The Kernal it made me feel like I'm back where I was - in the closet again, hiding,” Rangel said.

 “I don’t want that. It’s not ok. I want to be out. I’m out for a reason. I want people to learn from me and not treat me differently just because I’m gay. I went two steps ahead when I came out and now the school is pushing me back. And, now maybe other students who were thinking about coming out won’t.”

The Gay-Straight Alliance Network, which supports 38 school clubs in central California including GSA clubs at West Bakersfield High, Bakersfield High, South Bakersfield High, Liberty High and Kern Valley High, is also named as a plaintiff in the case.

 “The school should provide a safe campus for all students, and protect them from harassment and discrimination, not force them into silence,” said Carolyn Laub, the group’s executive director.  

“If the principal has direct evidence that there are safety concerns at school, then his first priorities should not be to curtail free speech rights of students but to take appropriate steps to identify and discipline those students who are making threats and to make clear to the school community that harassment will not be tolerated.”

Carolyn Laub’s comments sum up our views.  And we salute Joel Paramo, The Kernal  and their  ‘sources’ for their stand.  When we see teenagers who are aspiring journalists acting as they have done, there is hope for the future of the Press and its freedoms to report, reflect and educate.

■  Below are four of the written statements by East Bakersfield High School Students put before Kern County Superior Court Judge Arthur Wallace and in the public domain.  They can be seen on the ACLU-SC website (the source - and reproduced here with the consent of ACLU-SC), along with other statements made to the court.

LINKS

Bakersfield Californian - the local newspaper (free registration required)

Video: Report from KBAK TV Eyewitness News:  Journalists at East High Will Fight for Freedom of Press in the Court

American Civil Liberties Union of Southern California website

26  May  2005