Doninger v. Niehoff
Encyclopedia
Doninger v. Niehoff, 527 F.3d 41 (2d Cir. 2008) 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. 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". 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," which is the precedent in the Second Circuit for when schools may regulate off-campus speech On October 31, 2011, the United States Supreme Court declined to grant certiorari
on Ms. Doninger's appeal.
Sonia Sotomayor
Sonia Maria Sotomayor is an Associate Justice of the Supreme Court of the United States, serving since August 2009. Sotomayor is the Court's 111th justice, its first Hispanic justice, and its third female justice....
, Loretta A. Preska
Loretta A. Preska
Loretta A. Preska is the Chief Judge of the United States District Court for the Southern District of New York and a former nominee to the U.S. Court of Appeals for the Second Circuit.-Background:...
, and Debra Livingston. The case involved a student at Lewis S. Mills High School
Lewis S. Mills High School
Lewis S. Mills High School is a public high school located in Burlington, Connecticut. It is part of Regional School District #10 serving Harwinton and Burlington, Connecticut. It is connected to Har-Bur Middle School. Both LSM and Har-Bur connect to a library, known as "The Learning Center"....
in Connecticut
Connecticut
Connecticut is a state in the New England region of the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and the state of New York to the west and the south .Connecticut is named for the Connecticut River, the major U.S. river that approximately...
who was barred from the student government after she called the superintendent and other school officials "douchebags" in a LiveJournal
LiveJournal
LiveJournal is a virtual community where Internet users can keep a blog, journal or diary. LiveJournal is also the name of the free and open source server software that was designed to run the LiveJournal virtual community....
blog post written while off-campus that encouraged students to call an administrator and "piss her off more". 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," which is the precedent in the Second Circuit for when schools may regulate off-campus speech On October 31, 2011, the United States Supreme Court declined to grant certiorari
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
on Ms. Doninger's appeal.