Judge lifts order saving K-State adviser’s position

? A federal judge dissolved a temporary injunction Wednesday that would have kept Kansas State University from reassigning its student publications adviser.

U.S. District Judge Julie Robinson ruled after a daylong hearing that there was insufficient evidence to grant the request by Ron Johnson to prohibit Kansas State from reassigning him from the post he held for 15 years.

Johnson and two students — editors Katie Lane and Sarah Rice — sued Kansas State over the May decision to remove him as adviser, a position he has held since 1989. The plaintiffs describe Johnson’s removal as an attempt to control the content of the Kansas State Collegian, the campus’ daily newspaper, abridging their First Amendment rights.

Robinson said the plaintiffs failed to show irreparable injury caused by the reassignment and violation of their First Amendment right to free speech. She said the federal court lacked the jurisdiction to rule on the issue of Johnson’s contract as adviser, suggesting the case may be ripe for state courts.

Johnson said he was disappointed and would discuss his next move with the students and attorneys.

“I still say this (reassignment) was wrong and executed without due process and fairness,” Johnson said after the ruling.

Cheryl Strecker, attorney for Kansas State, defended the university; Todd Simon, director of the A.Q. Miller School of Journalism; and Stephen White, dean of the College of Arts and Sciences. White reassigned Johnson after a recommendation by Simon, who is also chairman of the board of Student Publications Inc., the entity that publishes the Collegian, Royal Purple yearbook and student radio station.

Johnson was adviser of all three student-produced news organizations. Linda Putney will serve as acting director until a permanent director is hired.

As part of his reassignment, Johnson will become a full-time journalism faculty member, a position Kansas State officials testified that he performed well.

White testified the school’s journalism faculty voted 7-1 to remove Johnson as a member of the faculty. Instead, White decided to remove him only from duties as adviser and to give him more classroom assignments.

White said he knew he would lose some standing with the faculty who wanted Johnson removed from the school.

“I’m really sticking my neck out here,” White said.

White said the decision was not based on the controversy over the newspaper’s failure to cover a regional conference on black student government, which drew about 1,000 people to the Kansas State campus in February.

“As dean of arts and sciences, I do not interfere with the operations of The Collegian,” White said.

Both Simon and White testified that Simon based his recommendation to reassign Johnson on a content analysis of The Collegian and the relationship Johnson had with others on campus and the community at large.

White also testified that Johnson was a strong teacher, who would better serve students and the university by undertaking more classroom responsibilities.