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A California Superior Court judge last week refused to temporarily ban the Channel One in-school news program from the San Jose public schools.

Ruling in a suit brought by Superintendent of Public Instruction Bill Honig and the state PTA, Judge Jeremy Fogel declined to issue a preliminary injunction barring the use of the program in San Jose's East Side Union High School District. The judge said that since the school year is nearly over, he saw no immediate need to act on the suit.

Mr. Honig and the parent-teacher group sued the district in December, charging that its contract with Whittle Communications violates the state constitution and contract laws. (See Education Week, Jan. 8, 1991.) They sought both temporary and permanent injunctions against use of the program.

Judge Fogel set a hearing for Sept. 2 to hear testimony in the case.

The district has been showing Channel One to students since 1990 in defiance of Mr. Honig's statewide ban on the Whittle program.

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