June 2, 2015

Via E-Mail
Dr. Laura Tellez-Gagliano
Superintendent
Alhambra Unified School District
1515 W Mission Rd.
Alhambra, CA 91803
Re:

Censorship of student newspaper and student protest at San Gabriel High School

Dear Superintendent Tellez-Gagliano:

I have recently learned from a number of sources that the principal of San Gabriel High
School, Dr. James Schofield, informed members of the school newspaper, The Matador, not to
run an article they planned on the non-renewal of a popular teacher at the school. I have also
learned that other school officials pressured that teacher to in turn, pressure students not to
conduct a planned protest of his dismissal by conveying to them that school officials might arrest
them if they protested. If what I have learned is true and I have no reason to doubt the sources
of this information then Dr. Schofield blatantly violated the rights of the student newpaper staff
protected by California Education Code 48907. That provision bars any prior restraints on
student newspapers by school officials except to prevent the publication of obscene, libelous, or
slanderous material.1 There would have been no basis for the principal to believe that a story
about the non-renewal of a teacher would, or would be likely to, include such material. Thus, if
Dr. Schofield did direct the paper not to publish a story on the teachers non-renewal, as a
number of sources report, he clearly violated the law.
In addition, any pressure put on students not to protest, including threats of arrest,
violated their rights of freedom of expression protected by the First Amendment of the United
States Constitution and the Liberty of Speech Clause of the California Constitution.
In light of the serious nature of these possible legal violations, I urge you to conduct a fair
and unbiased investigation of these incidents not one designed to protect and exonerate the

Whatever obligation Dr. Schofield and school officials may have had not to discuss
employment decisions to protect the dismissed teachers, they had no right to under Education
Code 48907 direct the student newspaper not to publish a story about the teachers nonrenewal. Moreover, I understand the teacher made clear to the newspaper that he had no
objection to their running a story on his non-renwal/dismissal. Thus, there simply was no
privacy interest that needed protection, making Dr. Schoefields directive to the newpaper even
more problematic.
Executive Director Hector O. Villagra
Chair Shari Leinwand Vice Chair Susan Adelman Vice Chair Richard Barry
Chairs Emeriti Danny Goldberg Allan K Jonas* Burt Lancaster* Irving Lichtenstein MD* Jarl Mohn Laurie Ostrow* Stanley K. Sheinbaum Stephen Rohde
*deceased
1313 W EST EIGHTH STREET LOS ANGELES CA 90017 t 213.977.9500 f 213.977.5299
ACLUSOCAL.ORG

Dr. Laura Tellez-Gagliano

June 2, 2015

Page 2

district and its officials. And, if the investigation shows that Dr. Schofield directed the paper not
to run the story, or that school officials pressured students not to exercise their First Amendment
right to protest, I request you take appropriate action to ensure that these legal violations do not
occur again. If you fail to do so, it will sharply increase the likelihood that the school and the
district will be subject to a lawsuit that it would likely lose, and an award of damages, injunctive
relief and attorneys fees. Please inform me by June 12, 2015 how you intend to address this
matter. I may be reached at 213-977-9500 ext 228 or peliasberg@aclusocal.org.
Sincerely,

Peter Eliasberg
Legal Director
Manheim Family Attorney for First Amendment Rights