Judge Voids Student’s Suspension

A federal judge Tuesday overturned the suspension of a La Puente high school senior who distributed campus fliers characterizing the principal as a tyrant.

U.S. District Judge James M. Ideman called the suspension “draconian” and cited free speech concerns in granting a temporary order that allows 17-year-old Joe Neal to attend his graduation at Bassett High School on Thursday.

“I’m thrilled to be going back with my classmates,” said Neal, who during the suspension was chosen by his fellow students to sing the national anthem.

Neal, under suspension since June 5, faced possible expulsion after distributing about 100 leaflets that referred to Principal Linda Bouman as “fuehrer” and accused her of running a “quasi-fascist dictatorship.”

The one-page leaflets, distributed April 18, charged Bouman had ignored teachers in devising a new ninth-grade curriculum and infringed on students’ rights to express opinions in the yearbook and newspaper. The fliers compared the school administration to a string of brutal dictatorships and exhorted students with slogans borrowed from AIDS activism, such as “Silence=Death.”

Neal was represented by the ACLU of Southern California, which argued that the school had denied him free speech rights guaranteed by state and federal law.

School officials contended that the fliers were threatening and violated school guidelines for on-campus publications. In court papers, the district argued that it should be allowed to enforce its rules in order to “ensure an environment free from intimidation and disruption.”

Bouman declined to comment, referring calls to officials at the Bassett Unified School District headquarters.

“We will honor the court’s decision in this matter and will continue to provide a safe, orderly environment for students and staff,” Supt. Linda Gonzales said through a spokeswoman.

The judge ordered school officials back to court Monday to determine whether the district can continue with expulsion proceedings, although Neal already will have graduated.

Neal plans to study music at the Inter-American University in Puerto Rico next fall.

“I wouldn’t say I like to rile things up,” Neal said. “My mother always taught me to stand up for what I believe.”

The leaflets created a stir on the 1,000-student campus and made Neal a local cause celebre. According to the ACLU, Neal was summoned from class and questioned three times by a man described as a district investigator. The investigator asked whether a teacher had helped draft the flier and even read Neal his Miranda rights, although he was not charged with a crime, the ACLU said.

Amid the controversy, a school board member who has been critical of district policies awarded Neal a $200 scholarship.

“What I liked about him was his fire and that he cared and was willing to take a position, which you don’t find in that many high school kids,” said the board member, Brenda Johnson.

But just days after receiving the scholarship, Neal was suspended. Soon after, the ACLU picked up his case.

His attorney, Peter Eliasberg, questioned the timing of the suspension, which came seven weeks after the flier incident.

“It seemed a bit odd that they waited seven weeks and waited until right before exams and graduation,” Eliasberg said. Neal was allowed to take final exams during his suspension.