[March 13, 1972]
HI SCHOOL COMMUNITY NEWS SERVICE
***EMERGENCY ISSUE***EMERGENCY ISSUE***EMERGENCY ISSUE***
On Wednesday, March 8, 1972, during the passing period between first and second periods, Robin Prentiss and Michael Letwin were suspended from Uni Hi by Homer Gansz for distributing the second issue of TDD TIDE. There were no valid legal grounds for these suspensions. In response to these irresponsible actions, the staff of the RED TIDE has informed the administration, in the form of a letter, that unless our Constitutional rights to distribute the RED TIDE are recognized, we will take whatever legal action is appropriate.
ALL POWER TO THE PAPER!!!
The following is the full text of the letter that we sent to the administration:
March 10th, 1972
TO: WARREN JUHNKE, PRINCIPAL and HOMER GANSZ, BOY’S VICE PRINCIPAL
UNIVERSITY HIGH SCHOOL, LOS ANGELES
We the staff of the RED TIDE, in response to the illegal and unconstitutional harassment and suspensions of Sister Robin Prentiss and Brother Michael Letwin for distribution of our paper, the RED TIDE, on March 8th, 1972, hereby demand that:
1.) You recognize all students’ rights to distribute material on campus as guaranteed by the First Amendment of the Constitution of the United States of America, and by State Law, Chapter 47 of the Education Code, which repeals Sections 9012 & 9013, and adds Section 10611, which was passed and signed on October 8th., 1971 and went into effect March 4th, 1972, which reads as follows:
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS
Section One: section 9012 of the Education Code is repealed.
Section Two: Section 9013 (9013 was previously Education Code Section 8454, the very section you are relying on, and which has been renumbered in 1968) of the Education Code, is repealed.
Section Three: Section 10611 is added to the Education Code, to read 10611:
Students of the public schools have the right to exercise free expression including, but not limited to, the use of bulletin boards, the distribution of printed materials or petitions, and the wearing of buttons, badges, and other insignias, except that expression which is obscene, libelous, or s1anderous according to the current legal standards, or which so insights students as to create a clear and present danger of the commission of unlawful acts on school premises or the violation of the lawful school regu1atiofls or the ubstanti4 disruption of the orderly operation of the school,” shall be prohibited.
Each governing board of a school district and each county superintendent of schools shall adopt rules and regulations relating to the exercise of free expression by students upon the premises of each school within their respective jurisdictions, which shall include reasonable provisions for the time, place, and manner of conducting such activities.
2.) A return of all illegally confiscated RED TIDES to the staff of the paper.
3.) All records of the illegal suspensions be erased from the files of the suspended students.
4.) That Homer Gansz formally and publicly acknowledge his error to the suspended students.
5.) That Dr. Juhnke, Homer Gansz, and any other members of the administration and/or faculty cease violating the rights of any Students ad guaranteed by the constitution of the United States of America, and the California State Law, chapter 947, section 10611 allowing free distribution of material on campus.
Since you are in the clear violation of the law we are informing you that if you do not indicate acceptance of these demands by Tuesday morning, March 14th. at 10:20 on the graduation terrace of the Women’s Field, we will have no alternative but to take appropriate legal action. Because you publicly took illegal action against: us on the basis of a law which is no longer in existence, we feel that it is appropriate that you acknowledge our demands before the student body. ****IGNORANCE OF THF LAW IS NO EXCUSE*****
Justice to us all:
STAFF OF THE RED TIDE
[To Students:] IT WOULD BE VERY EFFECTIVE IF ON TUESDAY AT 10:20, MANY STUDENTS COME TO THE WOMEN’S FIELD TO OBSERVE WHAT TAKES PLACE. THE ADMINISTRATION IS MORE LIKELY TO AGREE TO THE DEMANDS SET OUT IN THE LETTER IF THERE IS STUDENT SUPPORT FOR THESE DEMANDS. DEFEND OUR RIGHT TO FREE ACCESS TO INFORMATION. DEMONSTRATE OUR POWER BY BEING THERE!!!
PLEASE DEMONSTRATE YOUR SUPPORT NON-VIOLENTLY.