Lavine v. Blaine School District, 257 F.3d 981 (9th Cir. 2001)

Facts:

A high school student, troubled by a recent rash of school shootings, wrote a poem, entitled "Last Words," depicting the feelings a student has after killing several classmates. The student handed the poem in to his English teacher who had said she would be happy to review his written work.

The teacher became alarmed after reading the poem, and contacted the school's counselor. The student had previously told this counselor about having suicidal feelings. The counselor also knew that the student had a fight with his father and had recently broken up with his girlfriend.

Based on the content of the poem and these other circumstances, the school officials expelled the student on an emergency basis. The student was eventually allowed to return to school after a psychologist cleared him. The student then sued, claiming that the school officials violated his First Amendment rights. A federal district court agreed with the student. The school appealed to the Ninth U.S. Circuit Court of Appeals.

Issue:

Whether school officials violated the First Amendment when they expelled a student for writing a poem that depicted violence from a first-person perspective.

Holding:

In a 3-0 decision, a Ninth Circuit panel held that school officials did not violate the First Amendment because they had reasonably forecasted a "potential for substantial disruption."

Reasoning:

Schools have a duty to prevent violence to students. "Tinker does not require school officials to wait until disruption actually occurs before they may act," the panel wrote. "In applying Tinker, we look to the totality of the relevant facts."

Given the totality of the circumstances, including the "backdrop of actual school shootings," school officials could have reasonably believed that there would be substantial disruption of school activities. "Even in its most mild interpretation, the poem appears to be a 'cry for help' from a troubled teenager contemplating suicide," the court wrote.

Majority:

"We review, however, with deference, schools' decisions in connection with the safety of their students even when freedom of expression is involved." (Judge Raymond C. Fisher)

Last updated: Thursday, September 9, 2010 | 08:58:59