The 3rd Circuit has agreed to rehear two seemingly contradictory online student speech cases decided in February (see here for more about the cases). It has vacated the previous opinions and all members of the court will hear arguments in both cases on June 3. The cases were decided based on the criterion of whether the speech was likely to [...]
“[W]hen a public school purports to allow students to express themselves, it must respect the students’ free speech rights,” Justice Alito said in an opinion this week. His words came in a powerful dissent to the Supreme Court’s decision not to hear a case involving students’ musical choice for the graduation ceremony. Justice Alito, the conservative judge who took his [...]
In February, the Third Circuit Court of Appeals issued contradictory opinions involving online student speech. The losing sides of both Layshock and Blue Mountain are asking the Court to rehear their cases before a full court. Both parties agree that the two opinions, issued the same day, seemingly contradict each other. Even the winning parties agree that the conflicting rulings [...]
On Thursday the Third Circuit Court of Appeals issued two seemingly contradictory opinions involving student speech. Both cases involved students who had created fake online profiles parodying the principals at their respective schools. Both students were punished by school officials for their speech. Despite the similarities, however, the Court ruled one student’s rights had been violated while denying relief to [...]