Legal Opinion
Justin Layshock v. Hermitage Sch Dist
Court of Appeals for the Third Circuit
Decided June 13, 2011No. 07-4465PublishedCited by 49 opinions
1Opinion of the Court
OPINION OF THE COURT
McKEE, Chief Judge.
We are asked to determine if a school district can punish a student for expressive conduct that originated outside of the schoolhouse, did not disturb the school environment and was not related to any school sponsored event. We hold that, under these circumstances, the First Amendment prohibits the school from reaching beyond the schoolyard to impose what might otherwise be appropriate discipline.
It all began when Justin Layshock used his grandmother’s computer to access a popular social networking internet web site where he created a fake internet…
2Cases cited15 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Tinker v. Des Moines Independent Community School DistrictSupreme Court of the United States · 1969
- Cohen v. CaliforniaSupreme Court of the United States · 1971
- Hazelwood School District v. KuhlmeierSupreme Court of the United States · 1988
- Bethel School District No. 403 v. FraserSupreme Court of the United States · 1986
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3Cited by49 opinions
- Kowalski v. Berkeley County SchoolsCourt of Appeals for the Fourth Circuit · 2011
- Mark Wynar v. Douglas County School DistrictCourt of Appeals for the Ninth Circuit · 2013
- Taylor Bell v. Itawamba County School BoardCourt of Appeals for the Fifth Circuit · 2015
- Tatro v. University of MinnesotaSupreme Court of Minnesota · 2012
- R.S. ex rel. S.S. v. Minnewaska Area School District No. 2149District Court, D. Minnesota · 2012
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