Wednesday, September 4, 2013
The 9th Circuit affirmed a summary judgment ruling last week against a Nevada high school student who was expelled for off-campus speech. Landon Wynar, then a high school sophomore, was expelled for sending instant messages threatening to shoot certain classmates, bragging that he would “take out” people. After his expulsion, Wynar and his father sued the school district, arguing that it violated Wynar’s civil and First Amendment rights by expelling him for messages sent while off-campus. The 9th Circuit found that the school reasonably regarded Wynar’s messages as a threat, and it did not have to wait until that threat materialized. The court stated, “The messages presented a real risk of significant disruption to school activities and interfered with the rights of other students. Under the circumstances, the school district did not violate Landon’s rights to freedom of expression of due process.” Read the court’s opinion in Wynar v. Douglas County School District here.