Should A Student Who Torches His Former Principal On MySpace Be Disciplined?
Student Justin Layshock, apparently not to fond of his former principal, Erick Trosch, create a MySpace profile that was, as Judge McVerry described it, "lewd, profane and sexually inappropriate." The Hermitage School District suspended Justin and moved him to an Alternative Education Program. The Layshock's filed suit in federal court, claiming that Justin's MySpace profile is constitutionally protected speech. The school district claimed that it has the authority to discipline Justin because his acitivities, even though not done on school grounds, were disruptive of the school environment. So who do you think won? (See below.)
Justin! Because the school district did not show “a sufficient nexus between Justin’s speech and a substantial disruption of the school environment.” Next up, a trial to determine the amount of damages Justin is entitled to. Oh, one other little thing. Principal Trosch filed a defamation suit against Justin (and the alleged creators of 2 other less than flattering profiles).
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