Student editor cleared - newspaper called 'obscene'

The River Reporter
Thursday, February 23, 1995.

-- newspaper called "obscene" --

Student editor cleared

By TOM RUE

MONTICELLO - While denouncing contents of an underground, privately published student newspaper called the Sub-Station, district attorney Stephen Lungen urged dropping criminal charges against its 17-year-old editor on February 17.

The boy -- now cleared of any crime -- is Joshua Herzog, a Town of Thompson resident. His parents, Jeffrey and Miriam Herzog, have consistently supported their son's right to publish the newsletter, and threatened to sue over the arrest.

In a letter read aloud in Village of Monticello Justice Court by assistant DA Tina Minauskas, Lungen cited a section of NYS criminal procedure law allowing dismissal when "the interest of justice" is not served by pursuing criminal charges.

Lungen described the 8-page newsletter -- of which some 50 copies were circulated at Monticello High School (MHS) on January 13 -- as "inflammatory, obscene and rude," but not criminal.

He said student grievances raised in the paper still need to be addressed. "I urge the school to listen to the students and deal with their complaints on the merits and not simply dismiss what they have to say," Lungen wrote.

Criminal charges of inciting to riot, and criminal nuisance were thrown out by village justice Robert Kesten.

The newsletter complained of tightened rules at MHS, urging students -- who have said bathrooms are often kept locked during the day -- to urinate on the floor, deface school property and smoke cigarettes. Specific school officials were targeted for personal attacks peppered with profanities.

Principal George Will said that since the arrest and the protests which followed, he has held a series of forums for students to air complaints. The forums are expected to continue.

Lawyer Mark Schulman of Wurtsboro has filed a notice of intent to sue to the school board and Village of Monticello Police Department -- for violating the Herzogs' civil rights.

The decision to conduct an arrest for simple speech -- unaccompanied by other offensive conduct or disruption -- was condemned editorially in area news media as inconsistent with the First Amendment. School officials object to what they describe as a "media circus" surrounding the incident.