California Lawyer


November 2013

"[S]chool administrators face the daunting task of evaluating potential threats of violence and keeping their students safe without impinging on their constitutional rights. It is a feat like tightrope balancing, where an error in judgment can lead to a tragic result."

- Ninth Circuit Judge M. Margaret McKeown, writing the unanimous decision to uphold summary judgment in favor of a school district that expelled a student over messages he sent via MySpace. (Wynar v. Douglas County School District (2013 WL 4566354 (9th Cir.).) The messages described an attack the student said he was planning; school district officials had confirmed he had access to weapons and ammunition, and the court concluded they reasonably believed he could carry out the plan.

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