Smith v. Novato Unified School District

The principal issue presented in this appeal is whether defendant Novato Unified School District (District) violated Education Code section 48907, which guarantees student free speech rights in public high schools.

The trial court granted judgment for defendants, concluding that a student opinion editorial entitled Immigration, was not protected speech under section 48907 because it constituted “fighting words,” and that there was no infringement of the student’s free speech rights because the opinion editorial was published.

We reverse, holding that Immigration was not speech likely to incite disruption within the meaning of section 48907 and that the District infringed plaintiff’s rights by stating that the publication of Immigration violated the District speech policies. In the unpublished part of the decision we conclude that the District did not infringe plaintiff’s rights vis-á-vis his opinion editorial' Reverse Racism, the individual defendants are not immune from liability, the District speech policies are consistent with section 48907, and the District Mission Statement is a general declaration of philosophical goals rather than an enforceable speech…