PRESS RELEASE: SPLC Statement on Today's Decision in Doninger v. Niehoff - SPLC News Fl... - 0 views
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hat government officials cannot be held liable for money damages even if they
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The Student Press Law Center voiced concern Monday that the 2nd U.S. Circuit Court of Appeals' ruling denying the First Amendment claims of a high school blogger is a setback for the rights of student journalists everywhere. The New York appeals court ruled 3-0 that school administrators did not violate "clearly established" First Amendment precedent, either when they disciplined Avery Doninger for her off-campus blog or when they punished her and her classmates for wearing "Team Avery" T-shirts at a school "The ruling is worrisome in several respects. What Avery Doninger was doing was not terribly different from what an editorial commentator might do - trying to arouse the public to call and email the school to express an opinion about a disputed policy decision. It's troubling that the Second Circuit is willing to entertain the possibility that inciting citizens to contact their public officials is unprotected by the First Amendment if the issue is so controversial that people feel strongly about it, which is the takeaway from this decision," LoMonte said. "The circuit has indicated, in essence, that it's safe for students to engage in discussion about issues that nobody cares about, but if the issues raise strong emotions, then the students' involvement might be considered 'disruptive.'" "It's clear that the federal courts have abdicated their responsibility to protect the basic human rights of vulnerable young people, and so young people are going to have to organize and mobilize like never before to petition their legislators and members of Congress for better statutory protection," LoMonte said. "This ruling is a wake-up call to every student in America that their rights are in peril and that they cannot depend on the federal courts to police even the clearest disciplinary overreactions."