Law & Courts

Justices Decline Appeal Over Student’s Online Threat

By Mark Walsh — April 03, 2008 2 min read
  • Save to favorites
  • Print

Includes updates and/or revisions.

The U.S. Supreme Court has declined to review the case of an 8th grader who was suspended for an off-campus Internet message with a drawing that suggested a teacher should be shot.

The justices declined without comment on March 31 to hear the appeal of the family in Wisniewski v. Board of Education of the Weedsport Central School District (Case No. 07-987).

According to court papers, Aaron Wisniewski was a student at Weedsport Middle School in New York state in 2001 when he sent an instant message on America Online to a friend with an icon featuring a pistol firing bullets at a person’s head, with the words “Kill Mr. VanderMolen.” Philip VanderMolen was the boy’s English teacher. Aaron was suspended for one semester over the message.

The student and his parents challenged the discipline in court, arguing that the boy’s instant-messaging icon was protected by the First Amendment because it was not a true threat.

Both a federal district court and the U.S. Court of Appeals for the 2nd Circuit, in New York City, ruled for the school district.

The appeals court panel said in its unanimous opinion that the student’s transmission of the icon “crosses the boundary of protected speech and constitutes student conduct that poses a reasonably forseeable risk that … it would materially and substantially disrupt the work and discipline of the school.”

The appeals court said the fact that the student had created and transmitted the icon outside of school did not insulate him from discipline. The fact that Aaron sent the icon to 15 recipients, including some of his classmates, made it foreseeable, if not inevitable, that it would become a disruptive influence at his school, the court said.

Morse

v.

Frederick

The appeals court’s July 5 ruling came just days after the U.S. Supreme Court issued a major decision on student-speech rights last June. In Morse v. Frederick, the high court held that a “Bong Hits 4 Jesus” banner displayed at a school-related event by an Alaska high school student was not protected under the First Amendment. (“Ruling in ‘Bong Hits’ Case Seen as Leaving Protection for Students’ Free Speech,” July 18, 2007.)

The 2nd Circuit court, in its Wisniewski decision, took brief note of the Morse ruling and suggested that it did not offer the Weedsport student much, if any, support.

The Morse decision was the topic of a session late last month at the National School Boards Association’s Council of School Attorneys meeting in Orlando, Fla.

Despite what many observers viewed as a major legal victory for schools and administrators in exercising disciplinary authority over students, a presenter at the school lawyers’ group said Morse was “not a grand slam.”

“I don’t even think we hit a double,” Michael E. Smith, a Fresno, Calif., lawyer who represents school districts, said at the March 28 session. While there is much for schools to like in the ruling, he said, it was not as clear is it could have been in settling on a more precise legal standard for analyzing student free-speech claims.

A version of this article appeared in the April 09, 2008 edition of Education Week as Justices Decline Appeal Over Student’s Online Threat

Events

School & District Management Webinar Crafting Outcomes-Based Contracts That Work for Everyone
Discover the power of outcomes-based contracts and how they can drive student achievement.
School & District Management Webinar EdMarketer Quick Hit: What’s Trending among K-12 Leaders?
What issues are keeping K-12 leaders up at night? Join us for EdMarketer Quick Hit: What’s Trending among K-12 Leaders?
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Artificial Intelligence Webinar
Teaching Students to Use Artificial Intelligence Ethically
Ready to embrace AI in your classroom? Join our master class to learn how to use AI as a tool for learning, not a replacement.
Content provided by Solution Tree

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Billions of School Tech Dollars At Risk as Supreme Court Takes Up E-Rate Case
The U.S. Supreme Court will take up a lower-court decision that struck down the funding mechanism for the E-rate school internet program.
3 min read
digital citizenship computer phone 1271520062
solarseven/iStock/Getty
Law & Courts The Uncertainty Ahead for Title IX and Transgender Students in Trump's New Term
Trump may not be able to withdraw the Title IX rule on "Day 1," but advocates on both sides expect it to go away.
7 min read
Marshall University students hold a protest to voice concerns over the handling of Title IX-related issues at the university on Nov. 18, 2022, in Huntington, W.Va.
Marshall University students hold a protest to voice concerns over the handling of Title IX-related issues at the university on Nov. 18, 2022, in Huntington, W.Va.
Sholten Singer/The Herald-Dispatch via AP
Law & Courts Ten Commandments Law for Public Schools Is 'Impermissible,' Judge Rules
The Louisiana law would require displays of the Ten Commandments in every public school classroom.
4 min read
Photo of Ten Commandments poster on school wall.
Getty
Law & Courts Supreme Court Weighs High-Stakes Fraud Issue for E-Rate Program
The justices appear to lean toward a ruling that could help keep schools from being overcharged by telecommunications companies.
8 min read
Image of students working on a computer.
Carlos Barquero Perez/iStock/Getty