Layshock V. Hermitage School District
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Layshock V. Hermitage School District
''Layshock v. Hermitage School District'', 593 F.3d 249 (2010), was a freedom of speech case of the United States Court of Appeals for the Third Circuit in which the arguments surrounded the online speech of a public school student. The appeals court affirmed the decision of the district court that the student's suspension for parodying his principal online was unconstitutional. Background In December 2005 Justin Layshock, then a senior at Hickory High School in the Hermitage, Pennsylvania school district, created a false MySpace profile in his principal Eric Trosch's name, designed to look like it was created by the principal himself. On that page Layshock mocked the man's personal appearance and implied that he had substance abuse issues. The parody profile quickly gained popularity among the school's students, and word of its existence eventually reached Trosch, who found it "degrading", "demeaning", "demoralizing", and "shocking". Trosch inquired with local police about havin ...
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United States Court Of Appeals For The Third Circuit
The United States Court of Appeals for the Third Circuit (in case citations, 3d Cir.) is a federal court with appellate jurisdiction over the district courts for the following districts: * District of Delaware * District of New Jersey * Eastern District of Pennsylvania * Middle District of Pennsylvania * Western District of Pennsylvania This circuit also hears appeals from the District Court of the Virgin Islands, which is an Article VI territorial court and not a district court under Article III of the Constitution. The court is composed of 14 active judges and is based at the James A. Byrne United States Courthouse in Philadelphia Philadelphia, often called Philly, is the largest city in the Commonwealth of Pennsylvania, the sixth-largest city in the U.S., the second-largest city in both the Northeast megalopolis and Mid-Atlantic regions after New York City. Sinc ..., Pennsylvania. The court also conducts sittings in other venues, including the United St ...
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United States District Court For The Western District Of Pennsylvania
The United States District Court for the Western District of Pennsylvania (in case citations, W.D. Pa.) is a federal trial court that sits in Pittsburgh, Erie, and Johnstown, Pennsylvania. It is composed of ten judges as authorized by federal law. Appeals from this court are heard by the United States Court of Appeals for the Third Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit). History The United States District Court for the District of Pennsylvania was one of the original 13 courts established by the Judiciary Act of 1789, , on September 24, 1789.Asbury Dickens, ''A Synoptical Index to the Laws and Treaties of the United States of America'' (1852), p. 388.U.S. District Courts of Pennsylvani ...
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Theodore McKee
Theodore Alexander McKee (born June 5, 1947, in Rochester, New York) is a Senior United States circuit judge of the United States Court of Appeals for the Third Circuit. He previously served on the Philadelphia Court of Common Pleas in the First Judicial District of Pennsylvania. Education McKee received a Bachelor of Arts degree from the State University of New York at Cortland in 1969 and earned his Juris Doctor from Syracuse University College of Law where he was an honor student graduating in 1975 ''magna cum laude'' and as a member of the Order of the Coif and the Justinian Honor Society. Legal career McKee was in private practice in Philadelphia, Pennsylvania from 1975 to 1977. From 1977 to 1980 he served as an Assistant United States Attorney in the Eastern District of Pennsylvania. He began in the General Crimes Unit, moved to the Narcotics and Firearms Unit, and finally worked in the Political Corruption Unit. In his first year as an AUSA, McKee investigated allegati ...
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First Amendment To The United States Constitution
The First Amendment (Amendment I) to the United States Constitution prevents the government from making laws that regulate an establishment of religion, or that prohibit the free exercise of religion, or abridge the freedom of speech, the freedom of the press, the freedom of assembly, or the right to petition the government for redress of grievances. It was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights. The Bill of Rights was proposed to assuage Anti-Federalist opposition to Constitutional ratification. Initially, the First Amendment applied only to laws enacted by the Congress, and many of its provisions were interpreted more narrowly than they are today. Beginning with ''Gitlow v. New York'' (1925), the Supreme Court applied the First Amendment to states—a process known as incorporation—through the Due Process Clause of the Fourteenth Amendment. In '' Everson v. Board of Education'' (1947), the Court drew on Thomas ...
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Freedom Of Speech
Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recognised as a human right in the Universal Declaration of Human Rights and international human rights law by the United Nations. Many countries have constitutional law that protects free speech. Terms like ''free speech'', ''freedom of speech,'' and ''freedom of expression'' are used interchangeably in political discourse. However, in a legal sense, the freedom of expression includes any activity of seeking, receiving, and imparting information or ideas, regardless of the medium used. Article 19 of the UDHR states that "everyone shall have the right to hold opinions without interference" and "everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive, and impart information and ideas of all kinds, ...
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Hermitage, Pennsylvania
Hermitage is a city contiguous with Sharon, PA in western Mercer County, Pennsylvania, United States. Hermitage is located about northeast of Youngstown, about southeast of Cleveland and about northwest of Pittsburgh. The population was 16,230 at the 2020 census. It is part of the Youngstown–Warren metropolitan area. History Formerly known as Hickory Township (hence Hickory High School with its Hickory Hornet mascot), the City of Hermitage, in Mercer County, Pennsylvania, was first settled in 1796, and the Township of Hickory was incorporated in 1832 from portions of the Shenango and Pymatuning townships. Following the incorporation of the cities of Sharon and Farrell and the boroughs of Sharpsville and Wheatland, the remainder of the Township was incorporated into a First Class Township. The Home Rule Charter and Optional Plans Law, Act 62 of 1972, provided all local governments in Pennsylvania a unique opportunity of true "home rule" On August 9, 1972, Ordinance 13†...
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Hermitage School District (Pennsylvania)
The Hermitage School District is a small, suburban/urban, public school district serving parts of Mercer County, Pennsylvania. It incorporates the city of Hermitage, Pennsylvania, a former township that has transitioned into city status. The district is made up of three discontinuous pieces that surround Farrell Area School District and Sharon City School District. Hermitage School District encompasses approximately . According to 2010 federal census data, it served a resident population of 16,220. By 2010, the district's population declined to 16,209 people. According to the Pennsylvania Budget and Policy Center, 31.6% of the district's pupils lived at 185% or below the Federal Poverty level as shown by their eligibility for the federal free or reduced price school meal programs in 2012. In 2009, the district residents’ mean per capita income was US$23,227, while the median family income was $46,994. In Mercer County, the median household income was $42,573. In the Commonweal ...
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Tinker V
Tinker or tinkerer is an archaic term for an itinerant tinsmith who mends household utensils. Description ''Tinker'' for metal-worker is attested from the thirteenth century as ''tyckner'' or ''tinkler''. Some travelling groups and Romani people specialised in the trade, and the name was particularly associated with indigenous Irish Travellers and Scottish Highland Travellers – the name of whose language ''Beurla Reagaird'' means "speech of the metalworkers".Kirk, J. & Ó Baoill, D. ''Travellers and their Language'' (2002) Queen's University Belfast However, this use is considered offensive. The term "tinker", in British English, may refer to a mischievous child. Some modern-day nomads with an English, an Irish or a Scottish influence call themselves "techno-tinkers" or "technogypsies" in a revival of sorts of the romantic view of the tinker's lifestyle. "Tinker's dam" or "damn" and "tinker's curse" Both phrases tinker's damn and tinker's curse can be applied to so ...
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Morse V
Morse may refer to: People * Morse (surname) * Morse Goodman (1917-1993), Anglican Bishop of Calgary, Canada * Morse Robb (1902–1992), Canadian inventor and entrepreneur Geography Antarctica * Cape Morse, Wilkes Land * Mount Morse, Churchill Mountains * Morse Nunataks * Morse Spur, Victoria Land Canada * Rural Municipality of Morse No. 165, Saskatchewan ** Morse, Saskatchewan, a town * Morse (provincial electoral district), Saskatchewan China * Morse Park, Hong Kong New Zealand * Morse River, New Zealand South Georgia Island * Morse Point, South Georgia Island United States * Morse, Illinois, an unincorporated community * Morse, Iowa, an unincorporated community * Morse, Louisiana, a village * Morse River (Maine) * Morse Township, Itasca County, Minnesota * Morse Township, St. Louis County, Minnesota * Morse, Texas, an unincorporated community and census-designated place * Morse, Wisconsin, a town * Morse (community), Wisconsin, an unincorporated community Oute ...
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Freedom Of Speech
Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recognised as a human right in the Universal Declaration of Human Rights and international human rights law by the United Nations. Many countries have constitutional law that protects free speech. Terms like ''free speech'', ''freedom of speech,'' and ''freedom of expression'' are used interchangeably in political discourse. However, in a legal sense, the freedom of expression includes any activity of seeking, receiving, and imparting information or ideas, regardless of the medium used. Article 19 of the UDHR states that "everyone shall have the right to hold opinions without interference" and "everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive, and impart information and ideas of all kinds, ...
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Internet
The Internet (or internet) is the global system of interconnected computer networks that uses the Internet protocol suite (TCP/IP) to communicate between networks and devices. It is a '' network of networks'' that consists of private, public, academic, business, and government networks of local to global scope, linked by a broad array of electronic, wireless, and optical networking technologies. The Internet carries a vast range of information resources and services, such as the inter-linked hypertext documents and applications of the World Wide Web (WWW), electronic mail, telephony, and file sharing. The origins of the Internet date back to the development of packet switching and research commissioned by the United States Department of Defense in the 1960s to enable time-sharing of computers. The primary precursor network, the ARPANET, initially served as a backbone for interconnection of regional academic and military networks in the 1970s to enable resource shari ...
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