[DOWNLOAD] "Tunstall v. Hopkins" by Eighth Circuit U.S. Court of Appeals " Book PDF Kindle ePub Free
eBook details
- Title: Tunstall v. Hopkins
- Author : Eighth Circuit U.S. Court of Appeals
- Release Date : January 24, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
We granted en banc review to determine whether a school board ran afoul of a students free speech rights when it expelled him for an offensive and vulgar letter that the student had prepared at home. The expelled student described in the letter how he would rape, sodomize, and murder a female classmate who had previously broken up with him. After a bench trial, the district court ordered the expelled student reinstated, concluding that the letter was not a "true threat" and that it therefore was protected speech under the First Amendment. A divided panel of our court affirmed the district courts decision. See Doe v. Pulaski County Special Sch. Dist., 263 F.3d 833 (8th Cir. 2001). We vacated the panel decision, ordered en banc rehearing, and now hold that the school board did not violate the students First Amendment rights when it expelled him.
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