PONCE v. SOCORRO INDEPENDENT SCHOOL DIST.

No. 06-50709.

508 F.3d 765 (2007)

Enrique PONCE, Jr.; Rocio Ponce, Individually and as next friends of E.P., a minor child, Plaintiffs-Appellees, v. SOCORRO INDEPENDENT SCHOOL DISTRICT, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 20, 2007.


Attorney(s) appearing for the Case

Stephen Gordon Peters (argued), El Paso, TX, for Plaintiffs-Appellees.

Ken Kelly Slavin (argued), Kemp Smith, Henry C. Hosford, Baskind & Hosford, El Paso, TX, for Defendant-Appellant.

Before JOLLY, STEWART and PRADO, Circuit Judges.


E. GRADY JOLLY, Circuit Judge:

This appeal presents the question of whether student speech that threatens a Columbine-style attack on a school is protected by the First Amendment. Today we follow the lead of the United States Supreme Court in Morse v. Frederick, ___ U.S. ___, 127 S.Ct. 2618, 168 L.Ed.2d 290 (2007), and hold that it is not because such speech poses a direct threat to the physical safety of the school population. We therefore VACATE the preliminary...

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