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While her subject was a decision by the school to cancel the event, she was again speaking out on a matter of public concern and urging others to engage in lawful conduct to petition school officials for a redress of grievances.
Again, that is the use of the First Amendment in a pure and clearly protected fashion -- and even the use of the (misspelled, uncomplimentary, but non-obscene) term "douchbag" does not remove First Amendment protection from her writing (remember Cohens v.
Just as the school cannot impose a 24-hour dress code without violating the rights of the students and the parents, they cannot impose a 24-hour speech code, either.
That would indicate that the Court will look askance at attempts to punish what is clearly political speech."Jamfest is canceled due to the douchbags in central office.Here is an e-mail that we sent out to a ton of people and asked them to forward to everyone in their address book to help get support for Jamfest," she wrote.Des Moines, students do not shed their liberties upon entering the schoolyard, the school has an even less pressing interest in regulating those liberties outside of school hours and away from the school grounds.Furthermore, since there was not even a hint of unlawful activity suggested in the blog entry, even the recently approved limits on student rights found in Morse v. By the way, I'd like to point out that, if the facts are as presented here (and the district seems to confirm them with their response to the suit), I'd argue that Avery Doninger pegged Principal Karissa Niehoff and Superintendent Paula Schwartz just about right.