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 history | 514 F. Supp. 2d 199 (D. Conn. 2007) |
| Subsequent history | 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 edit
Although Sotomayor did not write this opinion, she has been criticized by some who disagree with it.[4]
References edit
The citations in this article are written in Bluebook style. Please see the talk page for more information.
- ^ a b c d Doninger v. Niehoff, 527 F.3d 41 (2d Cir. 2008).
- ^ Doninger, 527 F.3d at 50.
- ^ Walsh, Mark (November 2011). "Justices Decline Student Internet Speech Case, Others Await". Education Week. Retrieved November 2, 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 edit
- Text of Doninger v. Niehoff, 527 F.3d 41 (2d Cir. 2008) is available from: CourtListener Google Scholar
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