Student-newspaper editors settle with Everett schools

The Everett School District reached an out-of-court settlement with student-newspaper editors last week, days before the First Amendment case was scheduled for trial in federal court. Both sides claimed victory.

The former student editors of the Everett High School Kodak, Claire Lueneburg and Sara Eccleston, conceded that school administrators have a right to review the school newspaper prior to publication, but said the settlement ensures that the district can't censor articles unless they contain libel or otherwise violate district policy.

The students originally had argued that the school principal could not review the newspaper because it was a public forum, which enjoys broad free-speech rights under the federal and state constitutions. A federal District Court judge ruled against them in July, saying the district's policy that allows prior review is constitutional.

But the judge said other issues, including whether Everett High Principal Catherine Matthews retaliated against the students for asserting their free-speech rights, would have to be settled at trial.

The students said last week's settlement affirms that student editors, not administrators, control the content of the newspaper.

But the attorney for the Everett School District said the settlement agreement reaffirms the district policy over which the students brought suit.

"These two young women can't accept defeat. The Everett School District policy hasn't changed. It just goes back to what it was before the lawsuit," said Michael Patterson.

The lawsuit received national attention and prompted student editors at the district's other high schools to publish off-campus to avoid administrative review.

David Whittemore, who edited the Free Stehekin at Cascade High School, said the paper will return to campus, under the auspices of a journalism class.

Whittemore was suspended in June for using a school computer to work on the underground paper and told he couldn't complete his senior year at Cascade. He lives outside the district and attended on a variance.

Last week, the school board agreed to let him return, but set several conditions on his attendance that seemed to preclude him working on the school newspaper. Still, Whittemore said he was happy with the decision.

"The Free Stehekin had a good run," he said. "We showed the administration that we weren't scared of them."

Lynn Thompson: 425-745-7807 or lthompson@seattletimes.com