J.S. EX REL. SNYDER v. BLUE MOUNTAIN SCHOOL DIST.

No. 08-4138.

593 F.3d 286 (2010)

J.S., a minor, through her parents; Terry SNYDER; Steven Snyder, Appellants v. BLUE MOUNTAIN SCHOOL DISTRICT; Joyce Romberger; James McGonigle.

United States Court of Appeals, Third Circuit.

Filed: February 4, 2010.


Attorney(s) appearing for the Case

Mary E. Kohart, Aliceson K. Littman, Tara S. Sarosiek, Drinker, Biddle & Reath, Philadelphia, PA, Mary Catherine Roper (Argued), American Civil Liberties Union of Pennsylvania, Philadelphia, PA, Witold J. Walczak, American Civil Liberties Union, Pittsburgh, PA, for Appellants.

Jonathan P. Riba (Argued), Sweet, Stevens, Katz & Williams, New Britain, PA, for Appellees.

Robert D. Richards, Penn State University, University Park, PA, for Amicus Appellant.

Before FISHER and CHAGARES, Circuit Judges, and DIAMOND, District Judge.


OPINION OF THE COURT

FISHER, Circuit Judge.

This appeal presents a challenge to J.S.'s suspension from Blue Mountain Middle School after she created from her home computer a MySpace.com Internet profile featuring her principal, James McGonigle. The profile did not state McGonigle's name, but included his photograph from the website of Blue Mountain School District (the "School District"), as well as profanity-laced statements insinuating that he was a sex...

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