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The problem is that this constitutes the very sort of speech that the First Amendment is intended to protect -- the right of citizens to make their voices heard by public officials.That Avery Doninger then proceeded to write a blog entry some six hours after the end of the school day, using her own computer in her own home appears significant here.
In doing so, they intruded not just upon the student's First Amendment rights, but also upon the right of her mother to to discipline (or not discipline) her for legal activities permitted (or not permitted) in the home.Indeed, I'm reasonably confident that no action would have been taken had the young lady "flipped the bird" at a teacher in the parking lot of a local grocery store on a Saturday afternoon.It therefore cannot be said that her lack of respect for school authorities was the basis for her punishment.But even that case seems to be limited, for within days the Supreme Court refused to even hear a case in which a student was held to be within his First Amendment rights to wear a t-shirt mocking the President, even though it did contain depictions of illegal drug use.That would indicate that the Court will look askance at attempts to punish what is clearly political speech.
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