layshockvhermitage

Layshock v. Hermitage
(F.Supp, 2006)

__Facts:__ D (Hermitage School District) suspended a senior for ten days for creating a parody of the high school principal on MySpace.com. P (Justin Layshock) challenged the suspension and additional consequences based on his rights under the first amendment (freedom of speech)

__Issues/Answers:__
 * Did Justin’s punishment violate his first amendment rights? No, students preserve first amendment rights in school but may not mirror constitutional protections afforded in other contexts.

__Basis/Rationale:__ Legal Basis: Court analyzed conduct in accordance with Tinker and district precedents. Rationale: In school speech may be regulated only if it would substantially disrupt operations or interfere with the rights of others. Notes:
 * Creation of site was protected under first amendment rights however, website caused disruption of day-to-day operations (caused school to shut down computer systems for 6 days)
 * Use of principal’s picture from school site was violation of schools computer policy
 * Although punishment was arguably excessive because rights were not violated courts cannot interfere with day-to-day operations of school
 * Were the defendant’s policies unconstitutionally vague? //(Not dealt with by courts).//
 * Did the punishment interfere with his parents rights to determine how best to discipline their child as granted in the fourteenth amendment (life, liberty, pursuit of happiness)? //(Not dealt with by courts).//
 * Plaintiff requested a temporary restraining order which was denied