It’s a lesson in the Constitution, and its limits.
A New York federal appeals court yesterday ruled that a high school had the right to punish a student for the harsh criticism of its administrators over the Internet.
After Avery Doninger, 18, called administrators “douche bags” on a blog in April 2007, she was stripped of her position as class secretary at Lewis S. Mills HS in Burlington Conn., and was banned from running for re-election.
Yesterday, the 2nd US Circuit of Appeals said even speech off school grounds could lead to disruption in the hallways and, therefore, can be prohibited.
“Vulgar or offensive speech – speech that an adult making a political point might have a constitution right to employ – may legitimately give rise to disciplinary action by a school,” the court said, noting that there was no Supreme Court precedent.
Doninger’s mother, Lauren, who filed suit against the school on freedom-of-speech grounds, said she was disappointed with the decision, but undaunted, since the appeals court ruling was simply on an injunction to have her daughter put back into the position of class secretary.
A civil trial by jury in the lower court is still forthcoming.
“The issues surrounding protecting student speech rights are very important and very relevant, and we need to continue to pursue it – it’s how you participate in democracy,” said Lauren Doninger, a professor of social sciences at New Haven’s Gateway Community College.