Doninger v. Niehoff
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''Doninger v. Niehoff'', 527 F.3d 41 (2d Cir. 2008) was a United States Court of Appeals case. The case was heard by a three-judge
Second Circuit The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory comprises the states of Connecticut, New York and Vermont. The court has appellate jur ...
panel that included Judges
Sonia Sotomayor Sonia Maria Sotomayor (, ; born June 25, 1954) is an American lawyer and jurist who serves as an associate justice of the Supreme Court of the United States. She was nominated by President Barack Obama on May 26, 2009, and has served since ...
, Loretta A. Preska, and Debra Livingston. The case involved a student at Lewis S. Mills High School in
Connecticut Connecticut () is the southernmost state in the New England region of the Northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, New York to the west, and Long Island Sound to the south. Its capita ...
who was barred from the student government after she called the superintendent and other school officials "douchebags" in a
LiveJournal LiveJournal (russian: Живой Журнал), stylised as LiVEJOURNAL, is a Russian-owned social networking service where users can keep a blog, journal, or diary. American programmer Brad Fitzpatrick started LiveJournal on April 15, 1999, a ...
blog post written while off-campus that encouraged students to call an administrator and "piss her off more". Judge Livingston held that the district judge did not abuse his discretion in holding that the student's speech "foreseeably create a risk of substantial disruption within the school environment," which is the precedent in the Second Circuit for when schools may regulate off-campus speech On October 31, 2011, the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
declined to grant certiorari on Ms. Doninger's appeal.


Criticism

Although Sotomayor did not write this opinion, she has been criticized by some who disagree with it.


References


External links

* United States Court of Appeals for the Second Circuit cases Education in Hartford County, Connecticut 2008 in United States case law Student rights case law in the United States United States children's rights case law United States Free Speech Clause case law {{US-case-law-stub