Doninger v. Niehoff
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 panel that included Judges Sonia Sotomayor, Loretta A. Preska, and Debra Livingston.[1] The case involved a student at Lewis S. Mills High School in Connecticut who was barred from the student government after she called the superintendent and other school officials "douchebags" in a LiveJournal blog post written while off-campus that encouraged students to call an administrator and "piss her off more".[1] Judge Livingston held that the district judge did not abuse his discretion in holding that the student's speech "foreseeably create[d] a risk of substantial disruption within the school environment,"[2] which is the precedent in the Second Circuit for when schools may regulate off-campus speech[1] On October 31, 2011, the United States Supreme Court declined to grant certiorari on Ms. Doninger's appeal.[3]
Criticism
Although Sotomayor did not write this opinion, she has been criticized by some who disagree with it.[4]
References
- ↑ 1.0 1.1 1.2 http://caselaw.lp.findlaw.com/data2/circs/2nd/073885p.pdf
- ↑ Doninger v. Niehoff, at page 15, http://caselaw.lp.findlaw.com/data2/circs/2nd/073885p.pdf
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