A high school honor student in Pennsylvania created a parody MySpace profile for his principal that included such comments as “Birthday: too drunk to remember.”
Suspended by the school and banned from extracurricular activities, 17-year-old Justin Layshock and his parents sued on the grounds that his First Amendment rights were violated and won, including $10,000 in compensatory damages.
In its 2011 ruling upholding the student’s victory, the 3rd U.S. Circuit Court of Appeals decreed, “It would be an unseemly and dangerous precedent to allow the state, in the guise of school authorities, to reach into a child’s home and control his/her actions there to the same extent that it can control that child when he/she participates in school-sponsored activities.” The court felt that the parody – circulated to a limited number of the student’s classmates — did not create a substantial disruption of the school.
A student in West Virginia did not fare as well in her legal challenge of a
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