San Marcos, CA asked in Civil Rights and Constitutional Law for California

Q: If a student was cut out of a student news segment because of her sexual orientation, would that be discrimination?

At my public high school, the student news wanted to do a segment about seniors and crushes they had during their freshman year. One girl answered that she had a boyfriend but that she also dated a girl during the time and stated that she is gay. Afterwards, the principal made a student who was editing the student news remove the girl's clip. He did not ask the student, but rather told them what to do, and by taking it off, I believe this would be considered discrimination toward an individual because of her sexual orientation. Would it LEGALLY be considered discrimination, however?

1 Lawyer Answer
Louis George Fazzi
Louis George Fazzi
Answered
  • Civil Rights Lawyer
  • Jess Ranch, CA
  • Licensed in California

A: To me this is not a matter of discrimination against the student, but the incredible lack of social conscience on the part of the school administrator. There is no right to be included in a high school news article. I’m sure administration staff is allowed to provide editorial supervision over the content which is published. The question really is to what extent the administration staff is allowed to suppress the free expression of ideas by the students themselves.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.