(Download) "Punishment and Student Speech: Straining the Reach of the First Amendment." by Harvard Journal of Law & Public Policy " eBook PDF Kindle ePub Free
eBook details
- Title: Punishment and Student Speech: Straining the Reach of the First Amendment.
- Author : Harvard Journal of Law & Public Policy
- Release Date : January 22, 2010
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 295 KB
Description
INTRODUCTION On April 24, 2007, Avery Doninger referred to officials at her high school as "douchebags" on her private blog. (1) Finding little humor in the reference, the school officials responded by barring Doninger's run for a position on the student council. (2) Doninger challenged the school's decision, alleging that the First Amendment protected her speech and limited the extent of her punishment. (3) The U.S. District Court for the District of Connecticut rejected both claims after finding that the school could suppress her "uncivil and offensive" speech (4) and that the "scope of ... punishment lay within [the school's] discretion." (5) In a panel opinion joined by then-Judge Sotomayor, the Second Circuit upheld the lower court's ruling that the speech was unprotected but declined to address the scope of the school officials' discretion to punish Doninger. (6) Instead, the court noted that, "given the posture of this case, we have no occasion to consider whether a different, more serious consequence than disqualification from student office would raise constitutional concerns." (7)
 "Punishment and Student Speech: Straining the Reach of the First Amendment." by Harvard Journal of Law & Public Policy " eBook PDF Kindle ePub Free){kind=link}