Tomorrow, the Avery Doninger case goes before Judge Mark Kravitz in the U.S. District Court in New Haven. Ms. Doninger was class secretary and was forbidden to run for re-election because of a blog post she wrote, on her own time, on her own computer, on a public site. Her mother is suing the school administration for violating her daughter’s freedom of speech.

As I did a little digging, I was surprised to find out that there is already an Avery Award for advancing the cause of Freedom of Speech. This isn’t an award put together rapidly by bloggers concerned about school administrations attempting to limit what students can say on blogs.

The Avery Award is named after Deane C. Avery. The Connecticut website listing Freedom of Information Commissioners has this to say about Mr. Avery.

Prior to his retirement, Deane was editor and co-publisher of the New London Day. He was an early supporter of Freedom of Information legislation in Connecticut and knew a great deal about it before serving as commissioner. He took to the role of commissioner and hearing officer like a duck takes to water. His experience as a journalist and community leader led him to have the greatest respect for both government officials and unempowered, every day citizens, and this showed not only in his decisions, but in the way he dealt with the parties appearing before him at commission hearings and meetings. His wry sense of humor and self-deprecation made him a popular commission member throughout his ten year tenure, during which he was another “work horse” commissioner. Deane is a man of extraordinary integrity and solid judgment. Even in the commission’s most politically-charged case, in which he served as hearing officer and commissioner, he never for a moment wavered from what he thought was right. He served as commissioner from 1985-1995 when newly elected Governor John Rowland declined to re-nominate him.

It isn’t a surprise that The New London Day sponsors the Avery Award. From a 2001 announcement about the award, we find:

The Day of New London will make a statewide award to a person in Connecticut who advances the cause of freedom of speech. The award is named for Deane C. Avery, of Stonington, the retired editor and co-publisher of the newspaper. Mr. Avery served on the state Freedom of Information Commission. The award will be presented at the annual meeting of the Connecticut Council on Freedom of Information.

So, what does the Avery award have to do with the Avery Doninger case? Actually, so far, I’ve found two interesting connections. First, the Connecticut website listing Freedom of Information Commissioners goes on to talk about Deane Avery saying:

Andre J. Thibault succeeded Deane Avery in 1995, having been appointed by Governor Rowland. Andy came to the commission in the midst of a career as a reporter, editor and commentator. He enjoyed his work on the commission and put aside his strong opinions to become a fair and impartial decision-maker. He resigned from the commission to accept a position out of state. Andy served as a commissioner from 1995-1996.

I believe this is the same Andy Thibault who has been providing the most detailed and extensive coverage of the case, including several FOI requests at The Cool Justice Report.

Yet what I find even more interesting is that Judge Mark Kravitz received the Deane Avery Award in 1995 in part for his work as a founding director of the Connecticut Foundation for Open Government. Their mission statement says:

The Connecticut Foundation for Open Government is dedicated to promoting the open and accountable government essential in a democratic society. It seeks to achieve this by educating policymakers and citizens in general on the need for a free flow of information on all public policy matters.

This year, I would like to nominate the administration of Lewis Mills School and the lawyers for providing a poignant example of why we need the free flow of information. It is my hope that Judge Kravitz will recognize their contributions and give them their due.