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Court Rules Substance Can't Publish Whole Test

Ohanian Comment: George Schmidt, publisher and editor of Substance, fought a hard fight. There were victories. Chicago's disreputable test, CASE, was abolished.

But George lost his job and is out more than $200,000 in legal bills. Every test resister in the country should help him pay this bill. Send your contribution to:
Substance
5132 W. Berteau
Chicago, IL 60641

When someone is willing to fight your fight, you need to do what you can to help.
You can read the decision at:

http://www.ca7.uscourts.gov/op3.fwx?submit1=showop&caseno=03-1479.PDF

Paper cannot publish whole test, court rules
Ana Beatriz Cholo
Chicago Tribune

In a case that has been monitored as a freedom of speech issue, the 7th U.S. Circuit Court of Appeals ruled Wednesday that a newspaper cannot publish the entire contents of a standardized test.

The Chicago Board of Education sought more than $1.3 million in 1999 from George Schmidt, editor of an investigative publication called Substance. Schmidt, a teacher, had published six versions of a standardized test called the Chicago Academic Standards Exams.




Schmidt was suspended without pay and subsequently fired from his teaching position. The tests are no longer administered in the Chicago schools.

A little over a year ago, Schmidt was convicted of violating state and federal copyright laws. School district officials offered Schmidt a chance to settle the case if he publicly acknowledged wrongdoing. Both parties also agreed to a settlement of $500. Schmidt still chose to appeal.

The former Bowen High School teacher expressed disappointment with the appellate decision.

"The court didn't realize more completely the necessity of public criticism of so-called standardized tests and ... that these tests have to be criticized once administered in their entirety and not just cherry-picked for their most ridiculous questions," Schmidt said Wednesday.

Schmidt said an appeal may be too costly. Already, he said, he has spent more than $200,000 in legal fees.


— Ana Beatriz Cholo
Paper cannot publish whole test, court rules
Chicago Tribune
2004-01-01
http://www.chicagotribune.com/news/local/chicago/chi-0401010170jan01,1,7907917.story?coll=chi-newslocalchicago-hed

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