Ponce v. Socorro Independent School District

E. GRADY JOLLY, Circuit Judge:

This appeal presents the question of whether student speech that threatens a Columbine-style attack on a school is protected by the First Amendment. Today we follow the lead of the United States Supreme Court in Morse v. Frederick, — U.S. -, 127 S.Ct. 2618, 168 L.Ed.2d 290 (2007), and hold that it is not because such speech poses a direct threat to the physical safety of the school population. We therefore VACATE the preliminary injunction entered by the district court and REMAND for further proceedings, if appropriate.

I

While enrolled as a sophomore at Mont-wood…