Nor is the court able to comprehend the manner in which the article in question constitutes a personal attack upon the student body president. Although the story reports a dispute which occurred at a Student Council meeting with regard to the powers of the officers to assess dues, it does not vilify or ridicule the president, nor does it in any way attack his reputation or character. As such, the article is quite different in nature from the material involved in
Frasca v. Andrews, 463 F.Supp. 1043 (E.D.N.Y.1979), which the defendants have cited in support of their position. In Frasca, the post-publication seizure of a high school newspaper was upheld, in part, on the ground that it contained an unsigned letter criticizing the vice-president of the student government. The letter stated, inter alia, that the student in question had “been a total failure in performing his duties” and was a “total disgrace to the school”, that he did not maintain a high academic average, that he attended only a few of many student council meetings, and that he had changed his report card grades “by typing over the letters on the computer terminal.”
463 F.Supp. at 1046. There is nothing in the “Council Activities” article presently before the court that even remotely resembles the type of personal attack found in the Frasca letter. Moreover, in the New York case, the newspaper was to have been distributed on the last day of the school year, thus allowing no opportunity for rebuttal on the part of the student who was the subject of the letter. Under those circumstances, it could well be said that based upon “the virtually certain irreparable harm which would result from the letter, . . . (there was) a rational and substantial basis for preventing its publication.”
Frasca, supra, 463 F.Supp. at 1052. Such was not the case here.