Tuesday, November 19, 2013

Case Alleging School Interfered with Protests of Mistreatment of Lesbian, Gay, Bisexual and Transgendered Students Moves Forward

Amber Hatcher, a student at Desoto County High School, filed a lawsuit against the Desoto County School Board, the Principal at her high school, and other school officials alleged that they "have engaged and are engaging in conduct which violates her First Amendment rights. In April, 2012 [Hatcher] sought to organize and participate in the National Day of Silence at her high school in an effort to bring attention to the harms associated with bullying and harassment directed at lesbian, gay, bisexual and transgender students."  Hatcher asserts that the school interfered with her ability to bring attention to the issues and that it plans to do so again this year.

In Hatcher ex rel Hatcher v. DeSoto County School Dist. Bd. of Educ,, 939 F.Supp.2d 1232 (M.D. Fla. 2013), the district court found that "[a]t least some of these proposed activities were well within the First Amendment and required no approval by any school official, e.g., remaining silent outside of class, communicating in writing or by dry erase board outside of class, non-vulgar conversations about the upcoming National Day of Silence."  Thus, it denied the defendant's motion to dismiss and claims of qualified immunity.

http://lawprofessors.typepad.com/education_law/2013/11/case-alleging-school-interfered-with-protests-of-mistreatment-of-lesbian-gay-bisexual-and-transgende.html

Bullying and Harassment, First Amendment | Permalink

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