G. v. Sayreville Bd. of Educ.

333 F.3d 417 (3d Cir. 2003) ; Clearinghouse Number: 55363

Description

Kindergartner’s Suspension for Threatening Statements Does Not Violate First or Fourteenth Amendment, Third Circuit Holds

Abstract

The Third Circuit held that a kindergartner’s First Amendment rights were not violated when he was suspended for three days for saying “I’m going to shoot you” to his friends during school recess. Other students at the school had been suspended following incidents of verbal threats of violence and references to guns. The principal visited each class to discuss the seriousness of such incidents and in letters asked parents to discuss the issue with students and notified them that statements referring to violence or weapons would lead to immediate disciplinary action. Appellant and other students referred to weapons and shooting one another while playing during recess; all were suspended. Appellant’s father, suing under Section 1983, alleged denial of constitutional rights to free speech, procedural due process, and equal protection. The district court granted defendant’s motion for summary judgment. The Third Circuit, considering first whether plaintiff’s allegations would establish the violation of a constitutional right, reviewed U.S. Supreme Court decisions regarding the speech rights of students in a school setting. The Third Circuit (1) found that the necessary balance between the student’s rights and the school’s role in fostering “socially appropriate behavior” tilted in favor of the school; (2) said that defendants were entitled to qualified immunity absent any clearly established law to the contrary; (3) emphasized the importance of the student’s young age (“a school’s authority to control student speech in an elementary school setting is undoubtedly greater than in a high school setting”); and (4) said that, regarding the procedural due process claim, the principal’s meeting with students before the suspension fulfilled the requirements of due process under Goss v. Lopez, 419 U.S. 565 (1975).

Additional Information

Attorney Information
Docket Date
2003-06-19 00:00:00+00:00

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