Above the Law?

Student newspaper advisers are something of an endangered species these days. They often get caught in the middle when administrators and student journalists clash over content, and in more than a few cases on college campuses in recent years, advisers -- sometimes faculty members with tenure or tenurelike protections, but often vulnerable staff members -- have found themselves losing their jobs. (High school newspaper advisers are even more vulnerable.)

"All you have to do is look around the country to see how many conflicts there are," said Mark Goodman, the Knight Chair of Scholastic Journalism at Kent State University and former executive director of the Student Press Law Center. "This has really gained steam."

It was with several recent such controversies in mind, and numerous instances of censorship at high schools in California, that the state's Legislature overwhelmingly approved legislation this month that would prohibit a college or school district from firing, suspending or otherwise retaliating against an employee for acting to protect a student's free speech. Last week, with the measure, SB 1370, sailing for passage and a trip to the governor's office for Arnold Schwarzenegger's hoped-for signature, the University of California quietly revealed its opposition to the bill.

In a letter to State Sen. Leland Yee, the legislation's sponsor, a lobbyist for the university system "respectfully" warned Yee that the university did not expect to abide by the requirement if it was enacted.