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Reply #131: The judge's opinion is much narrower than the posts on this thread suggest. [View All]

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No Elephants Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-16-09 04:21 AM
Response to Original message
131. The judge's opinion is much narrower than the posts on this thread suggest.
Edited on Wed Dec-16-09 04:23 AM by No Elephants
He said that the school had not made any showing of disruption (of the learning environment). From the article in the OP:

'To allow the school to cast this wide a net and suspend a student simply because another student takes offense to their speech, without any evidence that such speech caused a substantial disruption of the schools activities, runs afoul , judge Stephen V. Wilson wrote in a 60-page opinion."

To me, this says that the lawyer who represented the school in this case may not have done a great job with presenting the kind of evidence needed to meet the standards articulated by the SCOTUS in public school cases. It most certainly does NOT say that a school may never suspend or even expel a student for online speech or online bullying attempts.

(Having not read the 60 page opinion, I am going only by the article in the OP, but I imagine that is all most posters on this thread have been going by.)

Also, lower courts seem to be divided on this issue, which makes it likely that the SCOTUS will hear this case or one like it. What the Roberts Court will do with a case like this is anyone's guess.


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