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SCOTUS won't consider off-campus school speech

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The nation’s highest court has declined to take a pair of cases asking whether schools can censor the off-campus behavior of students who post messages or photos against school officials or other students.

In an order list released Tuesday, the Supreme Court of the United States did not accept certiorari in the cases of Blue Mountain School District v. J.S., No. 11-502, and Kowalski v. Berkeley County Schools, No. 11-461.

The Pennsylvania and West Virginia cases involved questions pitting student free speech rights against those of school safety. The cases presented the SCOTUS with a chance to rule for the first time about how far school officials’ authority goes in the modern age.

In Blue Mountain, the full 3rd Circuit Court of Appeals found that two Pennsylvania students couldn’t be disciplined at school for parodies of their principal that they made on home computers and posted online. In Kowalski, the 4th Circuit Court of Appeals upheld a West Virginia student’s suspension stemming from the creation of a webpage that suggested another student had a sexually transmitted disease.

This issue is one that Indiana has addressed, with U.S. Chief Judge Philip Simon in the Northern District of Indiana ruling in August that a school district shouldn’t have disciplined two high school girls who posted provocative online photos of themselves posing with phallic lollipops and simulating sexual acts. In T.V. and M.K. v. Smith-Green Community School Corp. and Austin Couch, No. 1:09-CV-00290, Simon determined that because the pictures were outside of school, they are protected by the First Amendment.

 

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  1. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  2. I agree. My husband has almost the exact same situation. Age states and all.

  3. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  4. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

  5. Journalism may just be asleep. I pray this editorial is more than just a passing toss and turn. Indiana's old boy system of ruling over attorneys is cultish. Unmask them oh guardians of democracy.

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