Smith v. Novato Unified School District

Opinion

GEMELLO, J.

The principal issue presented in this appeal is whether defendant Novato Unified School District (District) violated Education Code section 48907, 1 which guarantees student free speech rights in public high schools.

The trial court granted judgment for defendants, concluding that a student opinion editorial entitled Immigration, was not protected speech under section 48907 because it constituted “fighting words,” and that there was no infringement of the student’s free speech rights because the opinion editorial was published.

We reverse, holding that Immigration was not…