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Second Circuit Court of Appeals Affirms Denial of Student's Request

June 13, 2008

Authors: Richard A. Mills, Peter J. Murphy

In its second ruling in two years on student discipline and the Internet, the United States Court of Appeals for the Second Circuit again affirmed a school district's decision to discipline a student based on the student's off-campus posting on the Internet. Although the Second Circuite found in favor of the school district in both cases, these rulings only permit a school to discipline a student when it is reasonably foreseeable that the student's off-campus Internet postings will come to the attention of school administrators and that the postings will create a risk of substantial disruption to the work and discipline of the school. The facts presented in both cases, which involved threats to a teacher's life and an invitation for others to call the superintendent to "piss her off more," allowed the Court to find that the foreseeable risk standard had been satisfied. For a complete update on the decision, please dowload the pdf.

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