School Resources & Training Institute
Legal and Liability Article
Database
For assistance with
this database contact us at information@school-training.com or
at 800-365-0119.
Return to SR-TI Article Index
PATC Article Detail
Title:
Student Had First Amendment Right:
Under Circumstances: School Attack Scene ruled OK
Author:
Jack Ryan
ID:
LL113
Issue:
SU1-6
Issue Date:
2004-11-01
Edition:
School
Type:
Article
Body:
In Porter v. Ascension Parish School Board, 2004 U.S. App. LEXIS 25550 (5th Cir. 2004), the United States Court of Appeal for the 5th Circuit reviewed the expulsion of a student based upon a drawing in a sketch pad that he had drawn at home two years earlier. The drawing depicted the studentís high school and had various missiles and gasoline cans blowing up around the school along with helicopters and various armed characters.. The drawing also contained racial epithets and obscenities directed at characters in the drawing.
Adam Porter had drawn this picture when he was fourteen years old. He had shown the picture to his mom and his brother. The picture, which was in a sketch pad, then was placed into a closet where it remained for two years. Adamís younger brother, seeking paper to draw on for school discovered the sketch pad in the closet. He drew a llama on one of the blank pages and took it to his middle school to show to one of his teachers. On the way home from school, Adamís younger brother showed his picture to a friend on the bus. As the friend proceeded to thumb through the pad he observed the picture of the high school drawn by Adam. This student immediately took the picture to the bus driver exclaiming that someone was going to blow up the high school. Following the schoolís examination of the picture, Adam was forced to enroll in an alternative education program. His mom filed a lawsuit alleging, among other things, a violation of Adamís First Amendment rights. When dealing with discipline that may touch upon First Amendment issues, school officials should consider three justifications that have been recognized by the United States Supreme Court as allowing an interference with the First Amendment. First, did the student conduct or expression cause a disruption or will it potentially cause a disruption to the school environment? Second, Is the speech conduct or expression vulgar or offensive? Third, Is the speech or expression contrary to the basic educational mission of schools? It is important to note that the drawing at issue in this case, was drawn at home, two years earlier and only made its way to school by accident. In reviewing the facts here, the court analyzed whether Adamís drawing was a ìtrue threatî which would fall outside of First Amendment protection. The court concluded that it was not a true threat since Adam never communicated the threat (or drawing) to anyone and the drawing only made its way to school accidentally. The court found that Adamís First Amendment rights may have been violated but then granted the school officials qualified immunity for this violation.
Citation 1:
Citation 2:
Citation 3:
Keywords:
Other Information: