Jump to content

Doninger v. Niehoff

From Wikipedia, the free encyclopedia

Doninger v. Niehoff
CourtUnited States Court of Appeals for the Second Circuit
Full case nameLauren Doninger, P.P.A as Guardian and Next Friend of Avery Doninger, a minor v. Karissa Niehoff, Paula Schwartz
ArguedMarch 4, 2008
DecidedMay 29, 2008
Citation527 F.3d 41 (2d Cir. 2008)
Case history
Prior history514 F. Supp. 2d 199 (D. Conn. 2007)
Subsequent history642 F.3d 334 (2d Cir. 2011)
Court membership
Judges sittingSonia Sotomayor, Debra Livingston, Loretta A. Preska (S.D.N.Y.)
Case opinions
MajorityLivingston, joined by Sotomayor, Preska
Laws applied
First Amendment

Doninger v. Niehoff, 527 F.3d 41 (2d Cir. 2008)[1] was a United States Court of Appeals case. The case was heard by a three-judge Second Circuit panel that included Judges Sonia Sotomayor, Loretta A. Preska, and Debra Livingston.[1] The case involved a student at Lewis S. Mills High School in Connecticut who was barred from the student government after she called the superintendent and other school officials "douchebags" in a LiveJournal blog post written while off-campus that encouraged students to call an administrator and "piss her off more".[1] Judge Livingston held that the district judge did not abuse his discretion in holding that the student's speech "foreseeably create[d] a risk of substantial disruption within the school environment,"[2] which is the precedent in the Second Circuit for when schools may regulate off-campus speech[1] On October 31, 2011, the United States Supreme Court declined to grant certiorari on Ms. Doninger's appeal.[3]

Criticism

[edit]

Although Sotomayor did not write this opinion, she has been criticized by some who disagree with it.[4]

References

[edit]

The citations in this article are written in Bluebook style. Please see the talk page for more information.

  1. ^ a b c d Doninger v. Niehoff, 527 F.3d 41 (2d Cir. 2008).
  2. ^ Doninger, 527 F.3d at 50.
  3. ^ Walsh, Mark (November 2011). "Justices Decline Student Internet Speech Case, Others Await". Education Week. Retrieved November 2, 2011.
  4. ^ Steve Collins (May 28, 2009). "Sotomayor had key role in Doninger case". New Britain Herald. Archived from the original on May 31, 2009. Retrieved June 30, 2009.
[edit]