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Conn. teen punished for Internet insult sues school officials

By The Associated Press
07.18.07

HARTFORD, Conn. — A Burlington teenager has sued two top school officials, saying they violated her constitutional rights by removing her as class secretary because she used offensive slang to refer to administrators on an Internet blog.

Avery Doninger, a 16-year-old student at Lewis Mills High School, wants to be immediately reinstated as class secretary. She also wants a new election for class officers for the upcoming school year, when she will be a senior, and a chance to give the campaign speech she was forbidden from giving to her classmates.

Doninger's mother, Lauren, filed motions for temporary and permanent injunctions on her daughter's behalf against Principal Karissa Niehoff and Region 10 Superintendent of Schools Paula Schwartz, according to court documents filed July 16 in New Britain Superior Court.

Niehoff removed Doninger as the class of 2008 secretary and banned her from running for re-election after discovering the teen called unnamed school administrators "douchbags" (sic) on an online journal.

Avery Doninger posted the message to www.livejournal.com, which is not associated with the school, from a home computer.

"I don't like what Avery wrote," Lauren Doninger told the Associated Press in a phone interview on July 16. "(But) she had the right to do it and it was up to me, not the school, to determine whether or not there had been a consequence."

At the time, Avery Doninger was criticizing the administrators over the cancellation of a school event known as Jamfest. Doninger said she helped organize the music event for months and was frustrated by delays with improvements to the school gym, where Jamfest typically is held.

She acknowledged on July 16 that she regretted using the offensive slang.

"It really was an unsavory term," she said. "I'm definitely going to be really careful from now on."

But the teen said she believes her rights have been violated and that she's been singled out by school administrators.

"This is something that I felt was really necessary to stand up for, because you really have to stand up (for) the little things about democracy, the little things that make democracy really work in the big world," she said.

Several weeks after Avery Doninger posted the message in April, Niehoff demanded she apologize to the superintendent of schools, tell her mother about the blog entry, resign from the student council and withdraw her candidacy for class secretary, the lawsuit alleges.

She was the only candidate running for class secretary.

While Doninger apologized and reported the incident to her mother, she refused to resign. Niehoff then "administratively removed" her from the post, the lawsuit states.

Besides being banned from running for re-election, Doninger was barred from giving a speech to her school class, the lawsuit claims. Doninger and fellow students were also prohibited from wearing printed shirts supporting her free-speech rights.

A call seeking comment from Burlington school officials was not returned in time for this article.

Niehoff told WVIT-TV last May that school leadership positions are a privilege, not a right.

"When kids are in a position of privilege, there are certain standards of behavior we expect them to uphold," she told the TV station. "Our position stands for respect. We're just hoping kids appreciate the seriousness of any communication over the Internet."

Jon L. Schoenhorn, the Doningers' attorney, said Connecticut school districts have no legal authority to punish students for private online postings that do not use school resources and do not occur on school grounds.

Schoenhorn said last month's U.S. Supreme Court ruling restricting student-speech rights does not harm his client's case because it was narrowly tailored.

In the 5-4 decision in Morse v. Frederick,, the justices said an Alaska high school student could be suspended for holding up a banner that read "Bong Hits 4 Jesus" because it advocated illegal drug use.

The high court also determined that Joseph Frederick unfurled his handiwork at a school-sanctioned event in 2002, triggering his suspension. Students had gathered to watch the Olympic torch make its way through Juneau, en route to the Winter Olympics in Salt Lake City.


Update
Conn. teen to appeal ruling that OK'd punishment for blog posting
Federal judge upholds administrators' decision to discipline Avery Doninger for derogatory comments she made outside of school. 09.09.07

Related

High court limits student speech in 'Bong Hits 4 Jesus' case

Schools may prohibit student expression that can be interpreted as advocating drug use, Chief Justice John Roberts writes. 06.25.07

Judge rejects student's blog claim, allows T-shirt issue to proceed

By David L. Hudson Jr. Federal judge hands Connecticut school officials a victory, but trial will proceed on student Avery Doninger's censorship claim. 01.20.09

Did student-speech rights go up in smoke?
By David L. Hudson Jr. Court's ruling in 'Bong Hits' case limits student speech, but it wasn't a complete disaster. 06.27.07

For high school students, free speech is no joke
By Charles C. Haynes Narrowly drawn as Supreme Court justices tried to make 'Bong Hits 4 Jesus' ruling, don’t be surprised when many school officials and judges use it to find new grounds for censoring students. 07.08.07

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