In 1977, Ed. Code 48907 was passed in the State of California as a way of protecting the rights of student journalists all over the state. The code gives student journalists the same rights as professional journalists, protecting them from censorship from school administration. Our newspaper will be publishing stories based off these rights granted to us through this section of the education code.

According to Ed. Code 48907, student journalists have “the right of expression in official publications, whether or not the publications or other means of expression are supported financially by the school or by use of school facilities, except that expression shall be prohibited which is obscene, libelous, or slanderous.” Beginning in 2010, this code was also applicable to public charter schools.

Ed. Code 48907 was instituted in 1977, prior to the 1988 nationwide passing of Hazelwood v Kuhlmeier ruling, which places a restriction on the rights of student journalists. As a result, California schools are unaffected by the Hazelwood ruling, and cannot be censored by administrators or district officials.

Although we do not foresee any issues regarding our publications, the Anaheim Exclusivo staff is fully prepared to defend our rights. A copy of Ed. Code 48907 has been attached below. We look forward to an eventful year of reporting on and off campus for  the students of Anaheim High and the surrounding community. For any questions or commentary, email us at [email protected]

CODE TEXT

EDUCATION CODE – EDC
TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 – 64100]
( Title 2 enacted by Stats. 1976, Ch. 1010. )

DIVISION 4. INSTRUCTION AND SERVICES [46000 – 64100]
( Division 4 enacted by Stats. 1976, Ch. 1010. )

PART 27. PUPILS [48000 – 49704]
( Part 27 enacted by Stats. 1976, Ch. 1010. )

CHAPTER 6. Pupil Rights and Responsibilities [48900 – 49051]
( Chapter 6 enacted by Stats. 1976, Ch. 1010. )

ARTICLE 1. Suspension or Expulsion [48900 – 48927]
( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. )

48907.
(a) Pupils of the public schools, including charter schools, shall have the right to exercise freedom of speech and of the press including, but not limited to, the use of bulletin boards, the distribution of printed materials or petitions, the wearing of buttons, badges, and other insignia, and the right of expression in official publications, whether or not the publications or other means of expression are supported financially by the school or by use of school facilities, except that expression shall be prohibited which is obscene, libelous, or slanderous. Also prohibited shall be material that so incites pupils as to create a clear and present danger of the commission of unlawful acts on school premises or the violation of lawful school regulations, or the substantial disruption of the orderly operation of the school.

(b) The governing board or body of each school district or charter school and each county board of education shall adopt rules and regulations in the form of a written publications code, which shall include reasonable provisions for the time, place, and manner of conducting such activities within its respective jurisdiction.

(c) Pupil editors of official school publications shall be responsible for assigning and editing the news, editorial, and feature content of their publications subject to the limitations of this section. However, it shall be the responsibility of a journalism adviser or advisers of pupil publications within each school to supervise the production of the pupil staff, to maintain professional standards of English and journalism, and to maintain the provisions of this section.

(d) There shall be no prior restraint of material prepared for official school publications except insofar as it violates this section. School officials shall have the burden of showing justification without undue delay prior to a limitation of pupil expression under this section.

(e) “Official school publications” refers to material produced by pupils in the journalism, newspaper, yearbook, or writing classes and distributed to the student body either free or for a fee.

(f) This section does not prohibit or prevent the governing board or body of a school district or charter school from adopting otherwise valid rules and regulations relating to oral communication by pupils upon the premises of each school.

(g) An employee shall not be dismissed, suspended, disciplined, reassigned, transferred, or otherwise retaliated against solely for acting to protect a pupil engaged in the conduct authorized under this section, or refusing to infringe upon conduct that is protected by this section, the First Amendment to the United States Constitution, or Section 2 of Article I of the California Constitution.