Education |

Denver high school violated First Amendment rights of student journalist who documented strike conditions, attorney alleges

The American Civil Liberties Union of Colorado, the Student Press Law Center and a private attorney entered the fray Wednesday over student journalists’ right to document what’s happening inside their schools during Denver’s teachers strike.

Denver attorney Gregory Szewczyk charged that in at least one case at East High School, a student journalist’s First Amendment rights had been violated by a school principal.

Students across Denver have been filming and photographing the happenings inside their schools during the strike that began three days ago.

They’ve posted their findings on social media, and some student journalists shared photos and video with The Denver Post after the press largely was barred from Denver’s public schools during the teacher walkout.

The Student Press Law Center connected Toby Lichtenwalter, the executive producer of East High School’s student broadcast team, with Szewczyk after the teen reported he was given an ultimatum by his principal on Monday.

Lichtenwalter told the lawyer that he was told to stop filming and taking photos inside East High — or leave school property. So he left.

Szewczyk believes the 17-year-old’s First Amendment rights were violated.

“The Supreme Court has long held that students in public schools do not shed their constitutional rights to freedom of speech or expression at the schoolhouse gate,” Szewczyk said in a statement. And, at least in Lichtenwalter’s case, “we believe that East High School’s position violates Mr. Lichtenwalter’s First Amendment rights.”

Lichtenwalter said Wednesday night that he’s ruled out taking legal action, but hopes the district “can use this opportunity to ensure student media has more rights in the future.”

He added that he wants policies to be updated to address new communications devices and for the district to look at its rules about student media during strikes.

East High School Principal John Youngquist told The Denver Post on Tuesday that when students send information to the press during the strike, “they’re acting as agents of that media source.”

Youngquist did not return a request for comment Wednesday.

Mark Silverstein, legal director for the American Civil Liberties Union of Colorado, called Youngquist’s comment “seriously misguided.”

“Sending photos to the public or the news media doesn’t make students … agents of the news media,” he said. “Students have every right to let the public and the media know what is going on in their schools.”

Lichtenwalter is not the only student who has faced pushback from administrators about filming on school property during the strike. Other students said they were reprimanded for taking photos and video during classes or for documenting their school for student media.

Joe McComb, an 18-year-old senior at Thomas Jefferson High School, said he was reprimanded for taking photos of the conditions inside his school for the school newspaper on Tuesday.

On Wednesday morning, McComb said he was escorted out of a classroom in which he was taking photos, but after threatening legal action, school officials told him he could continue taking photos only during lunch and in between classes.

Denver Public Schools denied professional media access inside school facilities during the strike, except in limited “pool” situations in which officials grant access to a few individuals who could share the content with other media organizations.

Mike Hiestand, senior legal counsel for the Student Press Law Center, said his organization was inspired by the treatment of student media during the Denver walkout to compile a guide on what student journalists can legally do during a teachers strike.

“This is perhaps one of the biggest news stories that’s happening in Denver schools this year, and of course student media wants to cover it,” Hiestand said. “That’s their job.”

He added that students are in a unique position to be “the eyes and ears for people” on what’s occurring inside the schools.

“I can understand why it might make some school officials uncomfortable,” Hiestand said, referencing videos of chaotic scenes inside the schools during the strike. “But the reality is that’s what’s happening.”

Silverstein said the ACLU of Colorado is asking students to call the organization as well as the Student Press Law Center if they have felt threatened with discipline for similar situations.

“One cannot help but suspect that Denver Public Schools wants to hide from the public and the news media what’s actually going on inside the schools and inside the classrooms,” Silverstein said.

DPS officials released a statement Wednesday that said the district recognizes students’ right to express their viewpoints, but that students don’t have complete autonomy in how they do it.

“We encourage student expression, but, consistent with Colorado law and board policy, we must also help our students understand that the right to expression is not unfettered,” DPS spokesman Will Jones said. “We expect all students to attend classes during the day and stay focused on their academic work during classroom instruction.”

The statement added that school administrators can prohibit filming or taking photos inside school buildings “if they determine that doing so disrupts student instruction, raises privacy concerns or negatively impacts student safety.”

When Jones was asked about specific school policies, he only said that the schools are subject to board policies and laws.

Hiestand does not dispute that schools can place restrictions on filming or taking photos that would significantly disrupt school operations. In fact, the Student Press Law Center guide acknowledged that walking out of class disrupts normal school activities.

The center, however, contends that the coverage can be accomplished in a non-disruptive and lawful way.

Students have shared numerous stories of a lack of instruction taking place during the strike and of students being left to do what they want. They’ve shared stories with The Denver Post about watching movies, being provided crossword puzzles and of bringing video games to school.

However, DPS spokeswoman Anna Alejo said administrators are “working hard to ensure students are cared for and receiving the best education we can provide under the conditions of a teacher strike.”

A 1990 Colorado law gave high-school student journalists added protections from censorship from administrators, one of at least seven states to do so, according to the Washington Post.