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And, of course, the recent decision does not even get into the issue of the school's ability to punish student speech that happens entirely off-campus, even if it is somehow school related.
We may, however, be seeing the genesis of such a case in Connecticut. Mills High School student who was barred from running for class office after she called administrators a derogatory term on an Internet blog is accusing top school officials of violating her free speech rights.
While her subject was a decision by the school to cancel the event, she was again speaking out on a matter of public concern and urging others to engage in lawful conduct to petition school officials for a redress of grievances.
Again, that is the use of the First Amendment in a pure and clearly protected fashion -- and even the use of the (misspelled, uncomplimentary, but non-obscene) term "douchbag" does not remove First Amendment protection from her writing (remember Cohens v.
However, she got pissed off and decided to just cancel the whole thing all [sic] together." A few weeks later, on May 17, Doninger went to the school office to accept her nomination for class secretary.
She is asking a state judge to order the school superintendent and the principal to reinstate her as secretary of the Class of 2008 and allow her to run for re-election in September.The problem is that this constitutes the very sort of speech that the First Amendment is intended to protect -- the right of citizens to make their voices heard by public officials.That Avery Doninger then proceeded to write a blog entry some six hours after the end of the school day, using her own computer in her own home appears significant here.No, what you have here is a pair of administrators taking personal offense at being challenged by a student, and choosing to make an example of her.In doing so, they intruded not just upon the student's First Amendment rights, but also upon the right of her mother to to discipline (or not discipline) her for legal activities permitted (or not permitted) in the home.
As you can see, part of the issue here is that the campus and district administration took offense at the fact that students would engage in speech to encourage others to petition public officials for a redress of grievances.