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Doninger v. Niehoff

Student appeals case involving online speech to U.S. Supreme Court

donal brown October 18, 2011

The U.S. Supreme Court will decide if it will hear a case from West Virginia in which a student was disciplined for making hurtful comments about another student on MySpace. Citing Tinker v. Des Moines, the administration said the comments could cause disruption at school. The student’s petition asks the Court to decide if the substantial disruption standard from Tinker applies to online speech and to clarify the meaning of the term, substantial disruption. -db

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New York: Student speech rights set back by federal appeals court ruling against high school blogger

donal brown April 26, 2011

A New York federal appeals court delivered a double whammy to student free speech rights in ruling that a high school administration could punish Avery Doninger for statements in her off-campus blog and subsequently for wearing a “Team Avery” T-shirt at a school assembly to protest the earlier punishment. The ruling focused on the issue of “qualified immunity”, that government officials cannot be held liable for damages even if they violate the law if the

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