Nevada student loses free speech case over threatening text messages

A federal judge ruled that school officials could expel a Nevada high school student for sending messages threatening female students.

The judge rejected claims that the student’s rights were violated when he was punished for off-campus speech and cited the Supreme Court case, Tinker v. Des Moines that established the “substantial disruption standard.” He wrote, “Where a student’s speech is violent or threatening to members of the school, a school can reasonably portend substantial disruption. The court finds that defendants had a reasonable basis to forecast a material disruption to school activities.” -db

From the First Amendment Center, August 16, 2011, by David L. Hudson Jr.

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