Court Rules Against Student; Sets New Free Speech Precedent
By Darren Hunt
EL PASO — The Fifth Circuit Court of Appeals has overturned a decision regarding a former Montwood High School student who wrote a first-person perspective about Columbine-type shootings in his diary.
The diary was discovered by school officials and they removed the student from the school. The student’s parents sued the school district, claiming the action violated their son’s freedom of speech.
With the ruling, the court has determined that it was within the district’s right to remove the student in question from the school. In addition, it sets a precedent for similar cases. Students who write about school violencemay no longer be protected by the First Amendment.
The ruling comes in the wake of school shootings such as Columbine High School, in whicha pair of teen boys shot and killed 13 people before turning their weapons on themselves.This past year, a shooting at Virginia Tech University claimed the life of 32 people. In both cases, there were warning signs beforehand indicating theslayings might happen.
District officials have decided not to name the student in question. They say the student allegedly wrote about school shootings at Montwood as well as coordinated shootings throughout the district.
The student’s father declined to talk to ABC-7. His attorney, Stephen Peters, says he plans to continue appealing the decision even if it means taking the case all the way to the Supreme Court.
“If you take the manuscript literally, it would be great cause for concern. But it’s fiction. [The student] has made it clear he did not agree with the actions of the fictional character,” Peters said.
Pat O’Neill, an assistant superintendent with the Socorro Independent School District, agrees with the ruling. “We feel very good about the decisions the court has made. Our number one concern is for the safety of students and we take that concern very, very seriously, ” he said. “We felt like this was a victory for the safety of all students.”
