Sunday, July 17, 2011
Ro v. Ithaca City School District, ____F.3d____ (2d Cir. May 18, 2011), is an interesting case. In a well written decision, the Second Circuit holds that a school district did not violate the First Amendment rights of students by its prohibition of a sexually explicit cartoon from appearing in a school newspaper. Under Bethel v. Fraser, 478 U.S. 675 (1986), the 2d reasoned that school districts have wide discretion to restrict lewd, indecent or offensive speech.
Mitchell H. Rubinstein