Defense Verdict: Patterson Buchanan Convinces Jury in High-Profile Student Press Case

In a Washington trial that had attracted national attention, a Pierce County Superior Court jury on April 21, 2010 handed down a 10-2 verdict finding no negligence or invasion of privacy by the Puyallup School District arising from the publication of an award-winning series of student newspaper articles that discussed students' sexual histories.

The Jagwire, Emerald Ridge High School's student newspaper, published the series in February 2008 about oral sex among students, their attitudes toward it, and their awareness—or lack of awareness—of the associated risks. Four students who were quoted by name sued the school district, claiming they never had consented to be quoted and the district should have exercised more editorial control over the paper, which at the time was allowed to operate with a great degree of student editorial autonomy. The plaintiffs sought between $16 million and $32 million in damages for invasion of privacy, negligence, and intentional infliction of emotional distress.

Patterson Buchanan's lawyers countered that the students had indeed knowingly provided their names and quotations to student reporters for publication and that the district's approach to student editorial discretion at the time not only is permissible under state guidelines but is recommended by student journalism organizations. The case was closely watched by groups including the Student Press Law Center, the First Amendment Center, and the National School Boards Association, as well as by various news outlets.

The jury's findings on the claims represented a complete defense verdict for the school district.

The case is M.R.B. v. Puyallup School District.

Postscript: On May 19, 2010, the plaintiffs served notice that they were appealing the case to the Washington Court of Appeals.