LOS ANGELES - The Ninth Circuit Court of Appeals struck down a state statute today that violated Californians' First Amendment rights after the ACLU of Southern California - along with ACLU offices in San Diego and San Francisco - filed suit.

"The case reaffirms the principle that the First Amendment doesn't play favorites. The core purpose of the amendment is to afford citizens a voice as to the performance of government," said ACLU/SC Legal Director Mark Rosenbaum, who argued the case in front of the court of appeals last year.

The decision came in the case of Darren David Chaker, a San Diego man who filed an abuse complaint against an El Cajon police officer who arrested him in 1996. Two years later, Chaker was convicted by a San Diego jury of a misdemeanor for knowingly filing a false allegation against an officer.

Circuit Court Judge Harry Pregerson wrote in his opinion for the three-judge panel: "Within the limited context of that investigation, Section 148.6 criminalizes knowingly false speech critical of peace officer conduct, but leaves unregulated knowingly false speech supportive of peace officer conduct. Because we conclude that the statute impermissibly discriminates on the basis of a speaker's viewpoint in violation of the First Amendment, we reverse the district court and grant the petition."

In April 2003, the ACLU filed an amicus brief with the U.S. District Court, one of the ACLU's ongoing challenges to the constitutionality of the state code. The district court held that the statute was unconstitutional, while the California Supreme Court held it constitutional in another case. The Ninth Circuit Court of Appeals issued its ruling this morning.

LOS ANGELES - Sixteen-year-old Joshua Goldman, a junior at Mira Costa High School, was allowed to distribute pro-peace leaflets at his high school today.

On behalf of the South Bay student and his parents, the American Civil Liberties Union of Southern California sent a letter to the Manhattan Beach Unified School District last week demanding that school officials allow students to distribute counter military recruiting flyers without fear of punishment after Goldman was told he could not distribute leaflets without prior approval from school administrators.

"I was glad to have the chance to pass out leaflets right next to the military recruiters," Goldman said. "I wanted to do it originally because I thought passing out flyers would be a good way to let parents and students know the recruiters are on campus and get people to talk about it and that's what happened."

In a letter from the Manhattan Beach Unified School District, Superintendent Gwen Gross assured Goldman and his family that students do not need prior approval. She also said the district will conduct a faculty-wide training session on students' free speech rights on campus.

"We are very pleased at the school district's response," said Ranjana Natarajan, a staff attorney for the ACLU/SC. "California public school students enjoy broad free speech rights, including protection for distribution of printed materials. We are glad that Josh and other students will be allowed to freely distribute flyers and spark discussion and debate."

Goldman, who feeds the homeless every weekend with Food Not Bombs in Venice, hopes to study music or political science after graduating high school. He said military recruiters visit the high school about once a month and that a small percentage of his classmates serve in the military after high school. The majority of the 2,500-student school continue on to college.

Goldman and his mother contacted the ACLU after a meeting with the vice principal during which the school official told them Goldman would face punishment for distributing his flyers to classmates if he did not obtain prior approval.

LOS ANGELES - On behalf of a South Bay high school student and his parents, the American Civil Liberties Union of Southern California sent a letter to the Manhattan Beach Unified School District today demanding that school officials allow students to distribute counter military recruiting flyers without fear of punishment.

Sixteen-year-old Joshua Goldman, a junior at Mira Costa High School, was told in early October by a vice principal that he could not pass out flyers titled "Questions the Army Doesn't Want You to Ask" without prior approval. Goldman had passed out leaflets and hung six posters on public and school property. Goldman would like to distribute the same leaflets next week when the military returns to the school for its monthly recruiting event.

In a letter to Manhattan Beach Superintendent Gwen Gross, ACLU/SC staff attorney Ranjana Natarajan wrote: "We believe that a policy of requiring prior approval would violate Mr. Goldman's free speech rights under applicable law... California public school students enjoy broad free speech rights, including protection for 'distribution of printed materials.' " The letter continued "Mr. Goldman's flyer, which conveys a pro-peace message and seeks to educate readers about enlisting in the military, is not obscene, libelous, or at all likely to incite readers to disrupt school activities."

Goldman, who feeds the homeless every weekend with Food Not Bombs in Venice, hopes to study music or political science after graduating high school. He said military recruiters visit the high school about once a month and that a small percentage of his classmates serve in the military after high school. The majority of the 2,500-student school continue on to college.

"I thought passing out flyers would be a good way to let parents and students know the recruiters are on campus and get people to talk about it," Goldman said. "I was really surprised when the vice principal told me I had to get his permission to pass the leaflets out, especially since other students put up signs or hand things out all the time."

Goldman and his mother contacted the ACLU after a meeting with the vice principal during which the school official told them Goldman would face punishment for distributing his flyers to classmates if he did not obtain prior approval.

"Josh and I talked about the flyers and his plans to pass them out at school before he did it," Elaine Goldman said. "I was very proud that he researched the other side and wanted to encourage people to think critically about what the recruiters might be saying. The school should be a place for thoughtful, well-rounded discussion. I was shocked the school would try to stifle a student."

The letter asks the school district to ensure school policy does not infringe on students' free speech rights and seeks assurances that Josh Goldman will not be punished for distributing his pro-peace leaflets on campus.