killionvfranklin

**Killion v. Franklin Regional**
(W.D. Pa 2001)

__Facts:__ D (school officials) suspended a student for creating a web site that contained derogatory descriptions of the athletic director P (student) challenged the school district, based on constitutional right to free speech

__Issues / Answers:__ Can a student be disciplined for writing that takes place off campus, is not carried by the student to campus, and does not cause a material disruption to the learning environment? No.

__Basis / Rationale:__ Legal Basis – constitutional interpretation (1st Amendment) and precedents Rationale – first, free speech is protected, unless it can be shown that the speech causes a material disruption of school environment or threatens someone; second, the student can not be disciplined unless he created the list on campus or transported the list to campus himself

__Notes:__ Student was unhappy about certain school rules, so he created a web page at his home which included a “Top Ten List” about the athletic director. This list was very derogatory about the athletic director’s appearance (including references to his genitals). The list was brought to campus, although apparently not by the student. Student was suspended for 10 days for verbal abuse.