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” The Commissioner of Education , who will be ruling on the complaint , has stated in the past that a student newspaper funded by the district may editorialize in favor of a proposed school budget or a specific school board candidate , as long as the school district did not request the content of the published material . " John Whitehead , president of the Rutherford Institute , said the Third Circuit ruling " goes against the grain of American Democracy . Editor Jamie Sims said 2,954 copies of The Vanguard were stolen from 10 campus distribution points Oct. 27 , just hours after the newspaper published a story and editorial about student government officials using student activity fees to pay for their cell phones . The court sided with Gonzaga , ruling that FERPA does not allow individuals to sue.Paster was awarded more than $ 700,000 in defamation damages in a separate lawsuit under state law.Universities are opposing the bill out of a fear that petty lawsuits would bog down school finances.Daren Bakst , president and general counsel of the Council on Law in Higher Education , said the bill is unnecessary . A new Director of Development , Tom Neville , has just been hired and will be starting in his position on January 22nd . The qualified privilege can be overcome if the court finds that the information sought is highly relevant , necessary or critical to the maintenance of the claim and not obtainable from any other sources.In 1995 , a federal district court in New Jersey quashed a subpoena against a college reporter , ruling that she was protected under the qualified privilege test.A motion to quash Kitchen 's subpoena was filed this week and oral arguments will probably be set for sometime in August , said Robert Balin , one of his lawyers . Davenport said Principal Ken Adum had never instituted prior review or censored articles the paper published.That changed in April when Editor in Chief Erin Maloney wrote an article critical of the school ’ s softball coach , Jessica Kowal who was described as unfriendly , harsh and more concerned with winning rather than playing the game .