Doninger v. Niehoff
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]
Doninger v. Niehoff | |
---|---|
Court | United States Court of Appeals for the Second Circuit |
Full case name | Lauren Doninger, P.P.A as Guardian and Next Friend of Avery Doninger, a minor v. Karissa Niehoff, Paula Schwartz |
Argued | March 4, 2008 |
Decided | May 29, 2008 |
Citation(s) | 527 F.3d 41 (2d Cir. 2008) |
Case history | |
Prior action(s) | 514 F. Supp. 2d 199 (D. Conn. 2007) |
Subsequent action(s) | 642 F.3d 334 (2d Cir. 2011) |
Court membership | |
Judge(s) sitting | Sonia Sotomayor, Debra Livingston, Loretta A. Preska (S.D.N.Y.) |
Case opinions | |
Majority | Livingston, joined by Sotomayor, Preska |
Laws applied | |
First Amendment |
Criticism
Although Sotomayor did not write this opinion, she has been criticized by some who disagree with it.[4]
References
The citations in this article are written in Bluebook style. Please see the talk page for more information.
- Doninger v. Niehoff, 527 F.3d 41 (2d Cir. 2008).
- Doninger, 527 F.3d at 50.
- Walsh, Mark. "Justices Decline Student Internet Speech Case, Others Await". Education Week. Retrieved 2 November 2011.
- 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.
External links
- Text of Doninger v. Niehoff, 527 F.3d 41 (2d Cir. 2008) is available from: CourtListener Google Scholar