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Indeed, I'm reasonably confident that no action would have been taken had the young lady "flipped the bird" at a teacher in the parking lot of a local grocery store on a Saturday afternoon.It therefore cannot be said that her lack of respect for school authorities was the basis for her punishment.First, given the fact that the speech in this case falls in the realm of political speech on a matter of public importance (the operation of a public school and the decisions of public school officials on scheduling/canceling an event), any punishment, including the revocation of what school officials label as a privilege, constitutes an abridgment of freedom of speech.Second, the fact that the speech for which Avery Doninger is being punished occurred entirely off campus, there is really not a sufficient nexus between it and the school for the administration to even involve itself.At issue is a comment made on a blog about certain unnamed district officials, who Avery referred to as "douchbags".But the decision to punish her seems to be related to a much deeper issue that directly impinges upon the First Amendment in a rather pristine manner.
In doing so, they intruded not just upon the student's First Amendment rights, but also upon the right of her mother to to discipline (or not discipline) her for legal activities permitted (or not permitted) in the home."Basically, because we sent it out, Paula Schwartz is getting a TON of phone calls and e-mails and such.We have so much support and we really appreciate it.However, she got pissed off and decided to just cancel the whole thing all [sic] together." A few weeks later, on May 17, Doninger went to the school office to accept her nomination for class secretary.Niehoff handed a copy of the blog entry to Doninger and told her to apologize to Schwartz, tell her mother about the blog entry, resign as class secretary and withdraw her candidacy, according to the lawsuit.