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After lawyers get involved, Bear Creek High School newspaper ends up publishing story about student who works in porn industry

Kathi Duffel, the paper's adviser, told ABC10 she received a letter from the district that asked her to provide a copy of the article or she could be fired. She declined.

STOCKTON, Calif. — A Stockton high school newspaper is publishing an article Friday profiling an 18-year-old student who works in the porn industry, and many are worried that it may cost the journalism teacher her job.

Kathi Duffel, the journalism adviser at Bear Creek High School's The Bruin Voice, told ABC10 she received a letter from the district that asked her to provide a copy of the article or she could be fired. Duffel refused to let the Lodi Unified School District review the article.

"I have read this story several times, and it does not meet the legal definition of obscenity," Duffel explained, calling the district's response to the story an "illegal and a broad overreach of their authority."

After giving the newspaper the green light to publish the story, the school district alerted parents and families with robocalls saying it "will rely on the promises the journalism teacher's personal attorney has made on her behalf regarding the content of the article and on the basis will not prevent the publication."

Bailey Kirkeby, The Bruin Voice student journalist who wrote the article, is adamant there is nothing inappropriate in the article, and that the story only attempts to humanize a student lambasted with rumors.

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"If we were profiling a soccer player, the district would not bat an eye," Kirkeby said. "But just because she is in the porn industry, suddenly it's a big deal even though what she's doing is legal.

Matthew Cate, attorney for Duffel and Kirkeby, said the Student Press Law Center reached out to him to prevent the district from reviewing the article. 

"We are prepared to fight. We understand our rights and we understand the law," Duffel said.

The Lodi Unified School District sent ABC10 the following statement:

“The District has determined that it will rely on the promises Mrs. Duffel’s personal attorney has made on her behalf regarding the content of the article and on that basis will not prevent its publication. 

However, the District does not agree with all aspects of the legal opinion provided by the attorney and is disappointed that an independent review was not provided as agreed to by the District and Mrs. Duffel. 

Moreover, because the District has been denied an opportunity to preview the article, the District does not endorse it. Because we are charged with the education and care of our community’s children, we will always be diligent in our efforts to provide a safe learning environment for all students, while complying with our obligations under the law.”

Follow the conversation on Facebook with Daniela Pardo.

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