Layshock v. Hermitage School District

Western District of PA

Kim Watterson (Reed Smith); Vic Walczak (ACLUPA)

In early 2006, the ACLU filed suit against Hermitage School District (Mercer Co.) for suspending Hickory High School senior Justin Layshock because he created an online parody of his principal. In addition to a 10-day, out-of-school suspension, the administration ordered him to finish high school in the Alternative Education Program and forbid him from attending his own graduation in the spring. The school eventually permitted Justin to attend his regular classes, and he graduated in Spring 2006.

On July 10, 2007, a federal judge ruled that the school's suspension had been unconstitutional and ordered a jury trial to determine whether Justin is entitled to compensatory damages for the school district's violation of his First Amendment rights.

The case is currently on appeal. The case will be argued on Wednesday, December 10, 2008, at 1:30 p.m. EST in the U.S. Court of Appeals for the Third Circuit, 601 Market Street, Philadelphia, PA, 19106, in the Albert Bransom Maris Courtroom on the 19th Floor.

Third Circuit Appeal Documents

Layshock Briefs

• Second Step Brief (3031k PDF)
• Fourth Step Brief (598k PDF)

Hermitage School District Briefs

• First Step Brief (847k PDF)
• Third Step Brief (623k PDF)

Amicus (Friend-of-the-Court) Briefs for Layshock

• The Rutherford Institute (476k PDF)
• The Student Press Law Center & the Pennsylvania Center for the First Amendment (478k PDF)

Amicus (Friend-of-the-Court) Briefs for Hermitage School District

• Pennsylvania School Boards Association (911k PDF)

Press Releases

• ACLU of Pennsylvania Urges Court to Uphold Free-Speech Ruling in Student MySpace Case 12/8/09
• Judge Finds Suspension of Student for Myspace Parody of School Principal Unconstitutional 7/11/07

Related Documents

• Layshocks' statement (17k PDF)
• Statement of Vic Walczak (15k PDF)
• Justin's website (269k PDF)