Q&A with Senator Leland Yee, Ph.D
D-San Francisco/San Mateo California Senate

Interview by Candace Moore
J-Ideas

California State Senator Leland Yee is a strong proponent of transparency in government.

During his tenure in legislature, he has successfully passed 76 pieces of legislation, 59 of which have been chaptered into law. In 2006, the same year he was elected to the State Senate, Yee made California the first state in the nation to specifically prohibit censorship of college student press.

This year, he introduced California Senate Bill 1370—The Journalism Teacher Protection Act—prohibiting schools and colleges from retaliating against teachers protecting student’s free speech rights. The bill went to the full senate on April 22 and will probably be considered by the assembly in late May. In this Q&A, Senator Yee answers several questions about the origin of the bill and his intentions for it in the future.

Q: Why did you decide to introduce SB 1370?

A: One of my biggest priorities as a legislator is to bring greater transparency to government. SB 1370 is one of a series of bills I have authored to ensure government is accountable to the people. Allowing a school administration to censor in any way is contrary to the democratic process and the ability of a student newspaper to serve as the watchdog and bring sunshine to the actions of school administrators. As long as teachers and other employees can be threatened with retaliation for protecting students’ speech rights, the speech itself is not truly protected.

Q: Although this bill protects teachers, it still primarily involves student free speech and scholastic journalism. Why do you feel they are important?

A: Often it is student journalists who hold the administration accountable and ensure that the taxpayers and student fee dollars are protected. It is imperative that speech and expression rights do not stop at the school house door. A quality education is contingent on a free expression of ideas.

Q: What type of research did you do to prepare for introducing this bill?

A: We have documented a number of cases throughout the state where journalism advisers or professors were disciplined for content in a student newspaper. This bill follows a 2006 law I authored which prohibits censorship of college press by administrators and protects students from being disciplined for engaging in speech or press activities.

Q: Right; actually, California was the first state to pass a student free expression bill for colleges followed by Oregon and Illinois. How do you feel about being a pioneer for college student free expression around the country?

A: Certainly I am proud to have authored these bills, but at the same time, it is disappointing that we had to pass these laws to begin with. You would hope and expect that everyone involved in our public education system would respect the First Amendment and fundamental speech rights.

Q: Is all free speech protected under this bill?

A: SB 1370 protects teachers who defend the existing law. Not all speech is obviously currently protected and wouldn’t be under SB 1370. For instance, inciting a riot, obscenity, libel and slander are all forms of speech that are not protected. It is disingenuous for an administrator to say that SB 1370 will prevent them from holding teachers accountable for keeping order in the school. The bill only applies to teachers who are protecting or not infringing upon speech that is already protected by law. Administrators should not be putting their faculty between the proverbial rock and a hard place: break the law or face retaliation.

Q: How did you feel about having to introduce a bill to protect teachers from the actions of administrators, especially after passing California's student free expression law?

A: It is quite disheartening to hear, after we specifically prohibited prior restraint by administrators, that some are engaging in this type of nefarious activity and even firing quality teachers because of content in the student newspaper.

Q. So, is there opposition to the bill from administrators?

A: Unsurprisingly, the California School Boards Association and the California School Administrators Association are opposing this bill but rather than retaliating against teachers who protect their students’ speech rights, administrations should be finding ways to support their faculty and journalism programs. The research clearly shows that journalism programs result in better critical thinking skills, more impressive grades, and higher test scores. It is this academic performance that will allow our young people to become greater contributors to our society. California has always led the way in making sure true freedom of the press is alive and well on our campuses, and thus I fully expect this bill to pass and be signed into law by the Governor.

Q. Aside from the opposition, the bill is receiving some support, right?

A: This bill has gained overwhelming support from the California Newspaper Publishers Association, California Teachers Association, California Federation of Teachers, California School Employees Association, California State Student Association, Associated Students of the University of California (Davis), California State University Employees Union/SEIU 2579, American Federation of State, County, and Municipal Employees (AFSCME), California Nurses Association, and California Labor Federation.