California school ordered student paper to censor Epstein files post, then claimed it didn't censor
A high schooler searched DOJ records for local names. Administrators demanded removal. The law was clear.
582 words · 3 min read
Ben Mueller spent five hours on February 10 searching the Department of Justice's Epstein Library for mentions of Marin County towns. The 18-year-old Redwood High School senior found over 5,000 references in the 3.5 million pages of investigation files the DOJ had released two months earlier. Most were trivial: Epstein shopping at Restoration Hardware in Corte Madera. One was not. An email mentioned that Gisele Attias Bonnouvrier, identified in government documents as "providing models to Epstein," had a connection to Mill Valley.
Mueller published his findings as an Instagram carousel on the Redwood Bark, the school newspaper, on February 12. Eleven days later, Principal Barnaby Payne received an email from someone claiming to be Bonnouvrier threatening to sue for libel. That same day, Superintendent Courtney Goode issued a directive: "redact the one name immediately from the post."
The order violated California Education Code 48907, the state's 1977 student press freedom law. The statute prohibits censorship of student publications except for content that is "obscene, libelous, or slanderous." Reporting a name from public government records is none of those things. Mike Hiestand, senior legal counsel at the Student Press Law Center, called Payne's email "a smoking gun. It's a direct order to the adviser to break the law" (EdSource).
Goode later admitted no legal analysis was done before issuing the directive. The students temporarily removed the post on February 24, consulted with attorneys, then restored it after meeting with administrators. The post is still live. Journalism adviser Erin Schneider, who had held the position for 13 years, took unpaid leave through June 2027.
California was the first state to pass student press protection in 1977. Seventeen others have followed. In the remaining 33, the standard is Hazelwood v. Kuhlmeier, the 1988 Supreme Court decision allowing administrators to exercise "editorial control over the style and content of student speech in school-sponsored expressive activities" for "legitimate pedagogical concerns." Schools can censor for nearly any reason they can frame as educational.
The Redwood case is what happens when that reflex meets a law that forbids it. Three hundred and fourteen parents and community members signed a petition supporting the students. The Foundation for Individual Rights and Expression sent intervention letters. The district's response, according to FIRE, amounted to promises that "still hasn't budged an inch" on acknowledging the violation.
The Bark's own editorial in May offered a more conciliatory account, describing the removal as "an independent decision by the students involved" and the subsequent restoration as the result of "a quick and simple conversation" that "restored the district and school administration's full confidence in our decisions." The editorial called the incident a misunderstanding.
The law doesn't require students to make independent decisions under pressure to avoid being censored. It prohibits the pressure. Section 48907 includes retaliation protections: "An employee shall not be dismissed, suspended, disciplined, reassigned, transferred, or otherwise retaliated against solely for acting to protect a pupil engaged in the conduct authorized under this section."
Mueller's assignment was to tell "any news story" as an Instagram carousel. He chose to localize a national story using primary sources, exactly what journalism teachers spend years trying to get students to do. Students have the same access to federal databases as professional reporters.
The Bark has published since 1958 and frequently wins national awards. It's located in Larkspur, a few miles north of the Golden Gate Bridge, in a district where the superintendent can claim not to know of censorship attempts while admitting he ordered a post removed.