Appeals Court Weighs Teen's Web Speech
Recent Cases
A teen who used vulgar slang in an Internet blog to complain about school administrators shouldn't have been punished by the school, her lawyer told a federal appeals court.
But a lawyer for the Burlington, Conn., school told the 2nd U.S. Circuit Court of Appeals on Tuesday that administrators should be allowed to act if such comments are made on the Web.
Avery Doninger, 17, claims officials at Lewis S. Mills High School violated her free speech rights when they barred her from serving on the student council because of what she wrote from her home computer.
In her Internet journal, Doninger said officials were canceling the school's annual Jamfest, which is similar to a battle of the bands contest. The event, which she helped coordinate, was rescheduled.
According to the lawsuit, she wrote: "`Jamfest' is canceled due to douchebags in central office," and also referred to an administrator who was "pissed off."
After discovering the blog entry, school officials refused to allow Doninger to run for re-election as class secretary. Doninger won anyway with write-in votes, but was not allowed to serve.
A lower federal court had supported the school. U.S. District Judge Mark Kravitz, denying Doninger's request for an injunction, said he believed she could be punished for writing in a blog because the blog addressed school issues and was likely to be read by other students.
Her lawyer, Jon L. Schoenhorn, told the appeals court Tuesday that what students write on the Internet should not give schools more cause to regulate off-campus speech.
"It's just a bigger soapbox," he said.
But Thomas R. Gerarde, an attorney for school officials, argued that the Internet has completely changed the way students communicate.
The three-judge panel of the appeals court did not issue a ruling after the arguments.
In 1969, the Supreme Court said schools could ban expression if they can show that not doing so would interfere with schoolwork or discipline. In a later ruling, it allowed officials to bar "vulgar and lewd" speech if it would undermine the school's educational mission. But both cases involved events that occurred on school property or during a school activity.
Related listings
-
Leaders split over choice of judge
Recent Cases 03/02/2008Roanoke Valley legislators have only one week left in the General Assembly session to appoint a new judge in the General District Court that serves Roanoke, Roanoke County and Salem.The Roanoke Valley delegation, which consists of three Republicans a...
-
New Jersey - Still no need to redefine marriage
Recent Cases 02/28/2008New Jersey Governor Corzine should not legalize same-sex marriage. AS EXPECTED from a panel stacked with same-sex activists, the Civil Union Commission issued a report last week saying that its members believe civil unions are a failure.What is their...
-
Suspect accused of running fake raffle
Recent Cases 02/28/2008A call to police from a Troy sports bar led to the arrest of a Royal Oak man believed to be involved in an area-wide fraudulent sports raffle sales scheme. A bar patron apparently realized the man selling raffle tickets purportedly for his 8-year-old...
CHICAGO BUSINESS & CORPORATE LITIGATION LAWYERS
When faced with a legal challenge, your attorneys should help you identify your goals at the beginning of the process. Thereafter, every action that follows must be undertaken with the aim of meeting those goals. Wasted effort equals wasted time and money, that’s something you cannot afford and your attorneys must respect this concept. At Roth Law Group, we counsel our clients to confront their legal challenges aggressively, but with purpose.
As a former Marine Corps Pilot, I learned that you must assess the situation, determine your mission, construct a plan to achieve the mission and execute that plan. As an attorney and small business owner, I apply the same concepts in taking on my client’s legal challenges. And while it is generally preferable to resolve cases early in the process whenever possible, if you have no choice but to fight, you need someone who is willing to aggressively advocate for you. Here at Roth Law Group, we never back down from a challenge and we fight to win. Let our experienced attorneys put you in control of your legal challenges so you can get back to running your business.
