GRAND ISLAND — Northwest Public Schools and its superintendent, Jeff Edwards, are facing a lawsuit stemming from an LGTBQ-driven decision to end the high school’s student newspaper, the Saga.
Former Northwest student Marcus Pennell and the Nebraska High School Press Association are plaintiffs in the suit, which the American Civil Liberties Union of Nebraska filed in federal district court Friday morning.
According to a statement by ACLU of Nebraska, “The lawsuit argues that school officials’ decision to shutter the newspaper violated plaintiffs’ First Amendment free speech rights on three counts: their right to be free of viewpoint discrimination, their right to be free of retaliation and their right to receive information.â€
The lawsuit seeks a judge’s declaration the district violated the law and award damages as the court sees fit.
Pennell is a former Saga staff member, who has since graduated. In April 2022, Pennell used his preferred name in the publication. The newspaper staff was subsequently reprimanded by school administrators and directed to use legal names.
Students on staff decided to produce an LGBTQ Pride-themed June issue, which contained three LGBTQ-related, student-written articles along with stories about a Northwest High School student’s national art honor and a movie review of “Worst Roommate Ever.â€
The June 2022 Saga, often referred to now as the Pride issue, was published May 16, 2022. It turned out to be the school newspaper's final issue.
After news of the Saga's fate was made public last summer, ACLU of Nebraska submitted a public records request, which resulted in hundreds of documents, including emails and text messages.
In a May 17 email to Edwards, Northwest High School Principal P.J. Smith and Activities Director Matthew Fritsche, Northwest school board president Dan Leiser said: “I’ve read the publications in the Viking Saga. I’m sure this is a revenge tactic from the pronoun thing a month or so ago … .â€
Later in the email, Leiser said, “I’m hot on this one, because it’s not OK. The national media does the same crap and I’ve had enough of it. No more school paper, in my opinion. You give someone an inch, they take it a mile.â€
Northwest school board member Paul Mader sent an email that same day to fellow board members. In it, he included a photo of Pennell’s story about the “don’t say gay†bill.
“Has anyone read our school paper this month?†Mader asked in the group email.
Staff and students were notified of the Saga’s elimination on May 19.
The Grand Island Independent broke the Saga story Aug. 24, after a monthslong investigation.
In those public records obtained by ACLU of Nebraska, on Aug. 24 one school official said in a text to another, the article was “very poorly written.â€
Edwards said in an email to a former Nebraska City student (where he was superintendent before coming to Northwest) the resulting controversy was “due to an inaccurate article written by an over zealous [sic] reporter who misconstrued multiple facts.â€
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At the time, the school's official response concerning the Saga's cancellation was "an administrative decision" and declined to further elaborate.
On Aug. 29, ACLU of Nebraska took action, issuing a demand letter to Northwest Public Schools. They alleged violations of the First Amendment and Title IX, which relates to gender equality.
According to ACLU officials, the district did not respond.
Attorneys on the case decided not to pursue the latter of the charges, said ACLU of Nebraska Legal and Policy Counsel Jane Seu, and opted to focus on the former.
“To us the strongest … and most compelling issues are the First Amendment claims,†Seu said. “The First Amendment claims obviously embrace the underlying LGBTQ discrimination on the content of that speech.
“(The First Amendment) is what we're focused on, but also knowing that this is an important opportunity to stand up for LGBTQ students.â€
Seu said of the charge surrounding the right to receive information, “We’ve also included (that) because we think that’s an important part of this story. Your right to speak also includes your right to receive information and receive that speech.â€
Michelle Carr Hassler, associate professor of practice for the College of Journalism and Mass Communications at the University of Nebraska-Lincoln, is the NHSPA executive director.
Hassler said of the lawsuit, “It’s education, first and foremost. This is disrupting the education of aspiring journalists.â€
It also affects the education of student journalists not necessarily looking at journalism as a career, she added.
“They’re getting such a great experience with critical thinking and language and research and newspaper literacy.
“Censorship … has such a demoralizing effect on everyone.â€
NHSPA is a statewide journalism organization welcoming high school journalism instructors and/or advisers of student publications in Nebraska.
Deposed Northwest Saga adviser Kirsten Gilliland was elected to the NHSPA board last year.
“This case was particularly troubling to us,†Hassler said of the Saga’s cancellation. “We felt like it had larger ramifications for scholastic journalism in Nebraska.â€
Seu was asked whether the case was about setting a precedent or achieving accountability.
“With case law, this kind of shows — especially with what we got through open records — the blatant violations (of the right to receive information). It helps promote this constitutional right and the constitutional value of the First Amendment.
“We hope this case has a good, long-lasting impact.â€
Former Viking Saga newspaper staff members Marcus Pennell (left) and Emma Smith (right) display a pride flag outside of Northwest High School in August 2022, after the school’s decision to disband the 54-year-old journalism program because of written topics regarding the LBGTQ community.