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cartoon, prohibiting campus distribution of the underground March issue, and imposing guidelines that required pre-publication approval by the faculty adviser. On March 23, 2009, the federal trial court ruled that the district could prohibit publication and campus distribution of the cartoon, but denied summary judgment regarding the guidelines, ruling that the issue would require a trial.
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Later that month, the student editors sued the Ithaca City School
District, Superintendent Pastel, Principal Wilson, and Assistant Superintendent for Curriculum and Instruction Bill Russell, alleging they violated the student editors’ First Amendment press rights by censoring the February issue
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went underground, running out of editor-in-chief Rob
Ochshorn's house. The student staff produced a complete underground March issue, which the high school administration denied permission to distribute on school grounds because it contained the same cartoon that was earlier deemed obscene. The
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and ICSD superintendent Judith Pastel. Both Wilson and Pastel ultimately rejected the appeals, also finding the cartoon lewd and inappropriate for the student newspaper. Vinch soon resigned her position as faculty advisor, halting publication of
158:, 645 F.3d 533, 269 Ed. Law Rep. 464 (2nd Cir. 2011), the U.S. Court of Appeals for the Second Circuit upheld the school district's censorship of the cartoon and held that the editorial guidelines did not violate the First Amendment, relying on
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has twice (in 2005 and 2007) won the Ithaca High School Class/Ithaca Public
Education Initiative "Support Our School Community Award," an award given to the extracurricular activity "which has had the most positive impact on IHS".
48:. Founded in 1892, it is one of the oldest student newspapers in the United States. It is published twelve times a year and has a circulation of about 3,000, with distribution in both the school and in the community.
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484 U.S. 260, 108 S.Ct. 562, 98 L.Ed.2d 592 (1988) (schools may exercise editorial control over student speech in school-sponsored activities if "reasonably related to legitimate pedagogical concerns").
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editors also created underground issues for April and May, which did not contain the controversial cartoon, which the school allowed them to distribute on school grounds.
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published a number of controversial articles, most notably several articles critical of the Ithaca High School administration and a restaurant review that some considered
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faculty advisor, Stephanie Vinch. The student editors refused to allow a "censored" version of the issue to be published, and appealed the decision to IHS principal
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a school-sponsored publication and giving its faculty adviser considerably greater power to edit or remove objectionable material.
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and the plaintiffs tried again to invalidate the new guidelines. In 2014, the federal district court dismissed the case as moot.
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A cartoon intended for the
February 2005 issue included stick-figure depictions of sexual positions was removed by
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The school district revised the editorial guidelines in 2009 to mimic the language in
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306:"N.Y. Judge ends 9-year legal battle in high school newspaper censorship suit"
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and the student staff produced the June 2005 issue back on school grounds.
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257:"R.O., et al. v. Ithaca City Sch. Dist., No. 09-1651 (2d Cir. 2011)"
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teacher
Roselyn Teukolsky was named interim faculty advisor for
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The students appealed the district court's decision. In
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High school newspapers published in the United States
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261:Justia Law
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