Justin LAYSHOCK, a minor, by and through his parents; Donald Layshock; Cheryl Layshock, individually and on behalf of their son
v.
HERMITAGE SCHOOL DISTRICT Karen Ionta, District Superintendent; Eric W. Trosch, principal Hickory High School CHRIS GILL, Co-Principal Hickory High School, all in their official and individual capacity
Hermitage School District, Appellant
Justin Layshock, a minor, by and through his parents; Donald Layshock; Cheryl Layshock, individually and on behalf of their son
v.
Hermitage School District; Karen Ionta, District Superintendent; Eric W. Trosch, principal Hickory High School; Chris Gill, Co-Principal Hickory High School, all in their official and individual capacity
Donald Layshock; Cheryl Layshock, Appellants.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued: December 10, 2008.
Opinion filed: February 4, 2010.
Attorney(s) appearing for the Case
Anthony G. Sanchez, Esq., (Argued), Christina Lane, Esq., Andrews & Price, Pittsburgh, PA, Attorneys for Appellant/Cross-Appellee, Hermitage School District.
Sean A. Fields, Esq., Associate Counsel, Pennsylvania School Boards Association, Mechanicsburg, PA, Attorney for Amicus Curiae, Pennsylvania School Boards Association, filed in support Appellant/Cross-Appellee, Hermitage School District.
Kim M. Watterson, Esq., Richard T. Ting, Esq., William J. Sheridan, Esq., Reed Smith LLP, Pittsburgh, PA, Witold J. Walczak, Esq., (Argued), Sara J. Rose, Esq., American Civil Liberties Foundation of Pennsylvania, Pittsburgh, PA, Attorneys for Appellees/Cross-Appellants, Donald Layshock, Cheryl Layshock.
John W. Whitehead, Esq., The Rutherford Institute, Charlottesville, VA, Attorney for Amicus Curiae, The Rutherford Institute, in support of Appellees/Cross-Appellants, Donald Layshock, Cheryl Layshock.
Joanna J. Cline, Esq., Brian A. Berkley, Esq., Joshua B. Hirshey, Esq., Emmett M. Hogan, Esq., Pepper Hamilton LLP, Philadelphia, PA, Frank D. Lomonte, Esq., Michael C. Hiestand, Esq., Adam Goldstein, Esq., Arlington, VA, Attorneys for Amicus Curiae, The Student Press Law Center, in support of Appellees/Cross-Appellants, Donald Layshock, Cheryl Layshock.
Robert D. Richards, Esq., Clay Calvert, Esq., University Park, PA, Attorneys for Amicus Curiae, Pennsylvania Center for the First Amendment, in support of Appellees/Cross-Appellants, Donald Layshock, Cheryl Layshock.
Before: McKEE, SMITH and ROTH, Circuit Judges.
United States Court of Appeals, Third Circuit.
OPINION
McKEE, Circuit Judge.
In this appeal and cross-appeal, we are asked to determine if a school district can punish a student for expressive conduct that originated outside of the classroom, when that conduct did not disturb the school environment and was not related to any school sponsored event. We are also asked to determine the extent to which this school district's response to a student posting on the...
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