Student's Threatening Instant Message Properly Subjected Him to School Discipline

摘要

This Second Circuit appeal concerned a First Amendment challenge to an eighth-grade student's suspension for sharing with friends via instant messaging a small drawing crudely, but clearly, suggesting that a named teacher should be shot and killed. [Wisniewski v. Bd. of Ed. of Weedsport Central School District, No. 06-3394 (2d Cir. 07/05/2007).] In April 2001, the student, Aaron Wisniewski, was using instant messaging (IM) on his parents' home computer. Aaron's IM icon was a small drawing of a pistol firing a bullet at a person's head, above which were dots representing splattered blood. Beneath the drawing appeared the words "Kill Mr.VanderMolen."that he had created and sent the IM and expressed regret. He was then suspended for five days, after which he was allowed back in school, pending a superintendent's hearing. VanderMolen asked and was allowed to stop teaching Aaron's class.