Browsing Posts in Education Stories
In a case raising novel issues about student speech rights in the Internet era, a federal appeals court has upheld the discipline of a Connecticut student who had harshly criticized school officials in her Web journal.
The closely watched case involves Avery Doninger, who was a junior at Lewis S. Mills High School in Burlington, Conn., in 2007 when she tussled with school officials over the scheduling of a band contest known as “Jamfest.”
Doninger, who was a student council member and junior class secretary, went home and wrote in an entry in her public blog at the website livejournal.com that “jamfest is cancelled due to douchebags in central office” and that readers should contact the superintendent “to piss her off more.”
School officials, citing disruption by the emails and Doninger’s Web comments, barred her from running for senior class secretary. She wasn’t suspended.
Doninger and her mother initially sought an injunction barring her discipline, but a district court and a panel of the U.S. Court of Appeals for the 2nd Circuit, in New York, which included then-Circuit Judge Sonia Sotomayor, ruled against her.
The student continued to press her claims for damages under the First Amendment’s free-speech clause. She lost in 2009 in federal district court, which granted qualified immunity to the school officials who disciplined her.
In a decision on Monday, a new 2nd Circuit panel ruled unanimously that school officials were immune from Doninger’s suit.
“It was objectively reasonable for school officials to conclude that Doninger’s behavior was potentially disruptive of student government functions and that Doninger was not free to engage in such behavior while serving as a class representative—a representative charged with working with these very same school officials to carry out her responsibilities,” Judge Debra Ann Livingston said in her April 25 opinion for the panel in Doninger v. Niehoff.
The court said it was “not clearly established at the time of these events that Doninger had any First Amendment right not to be prohibited from running for senior class secretary because of offensive off-campus speech, at least when such speech pertained to a school event, invited students to read and respond to it by contacting school administrators, and it was reasonably foreseeable that the speech would come on to campus and thus come to the attention of school authorities.”
The court stressed that it was stopping short of ruling whether the school discipline actually violated Doninger’s free speech rights. And, “to be clear, we do not conclude in any way that school administrators are immune from First Amendment scrutiny when they react to student speech by limiting students’ participation in extracurricular activities.”
But the speech at issue in Doninger’s case was closely tied to school events, and the student’s role as a council member and class officer was signficant in the qualified-immunity analysis, the court said.
The court noted that the U.S. Supreme Court “has yet to speak on the scope of a school’s authority to regulate expression that, like [Doninger's], does not occur on school grounds or at a school-sponsored event.”
On a separate issue in the suit, the 2nd Circuit court upheld school officials’ immunity over barring Doninger from wearing a T-shirt related to the controversy at a school election assembly. The T-shirts said “Team Avery” on the front, in reference to Doninger, and “Support LSM Freedom of Speech” on the back, referring to the high school. Doninger and her supporters were told they could not wear the shirts into the assembly.
The federal district court had sided with Doninger on the T-shirt issue, holding that her right to wear such a shirt into the assembly was clearly established.
But the 2nd Circuit panel reversed, granting immunity to school officials who barred the T-shirts, even if they were mistaken legally.
The school principal “faced a difficult task in assessing whether the threat of disruption was severe enough to justify preventing Doninger from wearing her T-shirt into the assembly,” the 2nd circuit said. A reasonable jury might find that the threat of disruption was not sufficiently substantial, the court added.
“We cannot conclude, however, that such a mistake was anything but reasonable – the very sort of mistake for which the qualified immunity doctrine exists to shield officials against unwarranted liability.”
Mayor Dave Bing isn’t the only one with a plan to radically re-imagine Detroit.
Earlier this year, seventh-grade students at Paul Robeson-Malcolm X Academy on Detroit’s northwest side competed in the National Engineer’s Week Future City Competition, presenting their vision of the Detroit they’d like to inherit.
Detroit Public Television and reporter Desiree Cooper produced an excellent feature on the students and their teacher, Derek Sale, which aired this weekend on the national PBS program “Need to Know.”
Check it out in the video player above.
Some may see the upcoming election as a matter solely for parents with children in public schools. That attitude could explain the traditionally dismal voter turnout for school elections. But the health of the city of Grand Rapids depends upon its public schools. Everybody has a stake in the leadership of the district and the success of its students.
Eight candidates are vying for two spots on the Grand Rapids Board of Education. At least one new member will be elected because board member Lisa Hinkel has decided to step down. Candidates serve four-year terms.
There is no shortage of good contenders in the field, a healthy sign for the schools, even as the district faces a hole in its budget that could hit $23 million if planned cuts in Lansing occur. Our choices for the GRPS board in the May 3 election are CATHERINE MUELLER and WALTER M. BRAME. Ms. Mueller and Mr. Brame distinguish themselves among the candidates because of their records Ms. Muellers on the board and Mr. Brames in the community.
Ms. Mueller has served as a board member for eight years, two of them as president. She is retired manager of accounting and finance for the Kent County Board of Public Works. She has helped lead positive changes in the district. Among those changes has been an increased number of public-private partnerships, including the School of Health, Science and Technology in collaboration with Spectrum Health for those interested in one of the areas top emerging industries.
Ms. Mueller has helped the schools dramatically reduce costs during difficult financial times. Those skills and her background in finance will be especially needed as the district faces the coming budget tsunami. Without serious change and hard choices, the district could be tipped into receivership. All the more reason to retain Ms. Mueller. She has proven herself a problem-solver.
Mr. Brame is a well-known figure in the community. He retired last month as president of the Grand Rapids Urban League. He held that job beginning in 1979, leaving it between 1992 and 1999 for other pursuits, including leadership of the San Francisco Bay Urban League. He teaches at Grand Rapids Community College, serves as an associate minister at Brown Hutcherson Ministries and is a mentor in Ottawa Hills High School.
On a school board fractured by loyalties including factions supporting and opposing employee unions Mr. Brame would be intent on compromise and focused on the success of students. His knowledge and passion for city schools would be invaluable.
David Clark, a sales representative for a local company, would be an independent voice. He recognizes the difficulties facing the district and would not be captive to any interest other than the welfare of students.
Monica L. Randles is a pediatrician at Cherry Street Health Services. She would be an energetic advocate for children. Raynard Ross is a former police officer and juvenile justice professional who runs the pre-college Upward Bound program at Grand Rapids Community College. The GRCC experience would give Mr. Ross insight into the needs of youngsters.
The other two serious candidates in the race are Christopher D. Sain Jr. and Christine L. Jurrians. Mr. Sain is a clinical therapist who founded Grand City Sports, a nonprofit dedicated to helping young people through sports. Ms. Jurrians does medical transcription and is a tea party activist. Also on the ballot is Terry L. Zylstra Sr., who is not running an active campaign.
In this varied and talented field, we believe the experience of Catherine Mueller and Walter M. Brame is best for the board.