Criminal libel charges will stand against a former Milford High School student accused of maligning classmates, faculty and school officials on his Internet Web site.
But lawyers for 16-year-old Ian Lake vowed they would appeal to the state's Supreme Court, saying Utah's criminal libel statute does not meet requirements imposed by the U.S. Supreme Court.
Fifth District Juvenile Court Judge Joseph Jackson ruled Tuesday that though Lake's case may merit more scrutiny, he would not dismiss the class B misdemeanor libel charge against Lake on the ground the Utah statute is unconstitutional.
Jackson earlier this year also refused a request from Lake's father to dismiss the charge on the ground it was too vague.
"The judge basically said, 'You've made a good argument, one that ought to be heard by the appellate courts,' " said Stephen Clark, Legal Director of the American Civil Liberties Union's Utah chapter and a member of Lake's defense team.
"It was kind of a punt from deep in the end zone, if you will."
Lake was arrested and held in juvenile detention in May after Beaver County sheriff's deputies identified him as the originator of a Web site that allegedly insulted Milford High School Principal Walter Schofield and others.
The four-page site allegedly claimed Schofield was "the town drunk," called several female classmates "sluts," and speculated faculty members may have engaged in drug abuse or homosexuality.
Clark argued Utah's criminal libel statute is unconstitutional because it does not comport to the "actual malice" standard imposed by the U.S. Supreme Court.
"Since the 1960s the Supreme Court has said if the state is going to get into the business of criminalizing speech, which is the case here, it has to do so very carefully," Clark said. "The statute has to expressly incorporate malice. If it doesn't, the law threatens to criminalize constitutionally protected speech. We argued the Utah statute does not incorporate an actual malice standard."
In denying Lake's motion to dismiss the charge, the judge continued the case toward trial. However, Clark indicated he will ask the trial court to send the issue directly to the state's Supreme Court.
"Basically, that would put the trial on hold until we can get the issue resolved before the Supreme Court," he said.
No firm trial date has been set, and Clark said his team is in "no particular rush" to argue before the justices.
Meanwhile, Lake, who did not attend Tuesday's hearing, will continue to reside in California where he attends high school.
"We are happy to report that Ian is doing well," Clark said. "I don't know his subjective state of mind, whether he's happier there than he was here, but he seems to be flourishing."
Lake will likely graduate from Palm Springs High School the next spring, Clark said, and has expressed interest in enlisting in the Navy.
E-MAIL: jnii@desnews.com