Burge ex rel. Burge v. Colton School District 53

OPINION AND ORDER

MOSMAN, District Judge.

This case presents the type of situation the Ninth Circuit recently analogized to walking a tightrope — a school administration faced with a potential threat of violence and therefore required to balance school safety against the constitutional rights of its students.1 Here the Colton School District (“CSD”) decided to suspend Braeden Burge (“Braeden”) for his out-of-school comments made on Face-book. Braeden now alleges claims under 42 U.S.C. § 1983 for violations of his First Amendment right to free speech (“First Claim”) and his Fourteenth Amendment…