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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.I've no doubt that Principal Niehoff and Superintendent Schwartz were taken aback that mere students would challenge their authority, and that they were then looking for a way to get back at the student signatories to the email.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.Avery Doninger, a senior at the school in Burlington this fall, was removed as class secretary in the controversy last May.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."Jamfest is canceled due to the douchbags in central office.
We got a partial answer to that question a couple of weeks ago in Morse v.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.Indeed, I'm reasonably confident that no action would have been taken had the young lady "flipped the bird" at a teacher in the parking lot of a local grocery store on a Saturday afternoon.It therefore cannot be said that her lack of respect for school authorities was the basis for her punishment.