Governor signs journalism teacher protection law

Governor Arnold Schwarzenegger has signed legislation sponsored by CNPA to shield high school and college journalism advisers from discipline or removal from their positions for refusing to censor stories published in student newspapers, reports the California Newspaper Publishers Association, the bill’s sponsor.

SB 1370 by Senator Leland Yee (D-San Francisco), would specifically prohibit a school employer from dismissing, suspending, disciplining, reassigning, transferring, or otherwise retaliating against an employee solely for acting to protect a pupil engaged in conduct protected by statute, the First Amendment to the United States Constitution or Section 2 of Article I of the California Constitution.

The measure, supported by the California Teachers Association and the ACLU, would also clarify that a graduating student can challenge a disciplinary action for engaging in protected speech activities if the action was taken while the student was still enrolled at the school.

The need for protecting journalism advisers has sharpened in the past couple of years. An increasing number of experienced journalism teachers have been removed from their positions by principals because the teachers refused to heed the principal’s demands to kill embarrassing or critical stories published by student journalists.

Reacting to the Governor’s action, Frank LoMonte, the Executive Director of the Student Press Law Center in Virginia said, “While this law makes the workplace safer for teachers, the real beneficiaries are California’s students, who no longer must fear that honest reporting on school events will get their favorite teacher fired. Governor Schwarzenegger and the California legislature should be commended for sending a message to school officials – in California and across the nation – that teachers are not to be used as pawns to intimidate kids into avoiding legitimate topics of discussion.”

SB 1370 becomes effective on January 1, 2009.