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R.O. EX REL. OCHSHORN v. ITHACA CITY SCHOOL DIST.

Docket No. 09-1651-cv.

645 F.3d 533 (2011)

R.O., a minor, by his parent and guardian Jonathan OCHSHORN, T.S., a minor, by his parent and guardian Mark E. Sorrells, Andrew M.H. Alexander, Harry T. Stinson, L.F., a minor, by his parent and guardian Elizabeth A. Fattaruso, A.H., a minor, by his parent and guardian Teresa Halpert Des Chaines, Bryan Ellerbrock, P.P., a minor, by his parent and guardian Ramesh Raj Pokharel, Plaintiffs-Appellants, v. ITHACA CITY SCHOOL DISTRICT, Judith C. Pastel, Superintendent, in her official and individual capacities, Joseph Wilson, Ithaca High School Principal, in his official and individual capacities, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: May 18, 2011.

Attorney(s) appearing for the Case

Raymond M. Schlather , Schlather, Stumbar, Parks & Salk LLP, Ithaca, NY, for plaintiffs-appellants.

Mark J. Lemire , Lemire Johnson, LLC, Malta, NY, for defendants-appellees.

Joseph P. Esposito ( Thomas C. Goodhue , Ian Conner , and Dennis Gucciardo , Hunton & Williams; Frank D. LoMonte and Michael C. Hiestand , Student Press Law Center, on the brief), Washington, D.C. and Arlington, VA, for amici curiae Student Law Press Center, Journalism Education Association, and National Scholastic Press Association, in support of plaintiffs-appellants.

Before: CABRANES and CHIN, Circuit Judges, KORMAN, District Judge.

JOSÉ A. CABRANES, Circuit Judge:

Not for the first time, and surely not for the last, we consider a claim by students in a public high school that administrators have violated their constitutional rights of free expression. The extensive jurisprudence governing student discipline in the public schools was spawned by the portentous and quotable pronouncement of the Supreme Court four decades ago that "[i]t can hardly be argued that either students or teachers...

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