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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
Hermitage School District Briefs
Amicus (Friend-of-the-Court) Briefs for Layshock
Amicus (Friend-of-the-Court) Briefs for Hermitage School District
Press Releases
Related Documents
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