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.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued December 10, 2008.
Opinion Filed February 4, 2010.
Opinion Vacated and Petition for Rehearing En Banc Granted April 9, 2010.
Sean A. Fields, Esq. , Associate Counsel, Pennsylvania School Boards Association, Mechanicsburg, PA, for Amicus Curiae, Pennsylvania School Board Association, filed in support of Appellant, Hermitage School District.
John W. Whitehead, Esq. , The Rutherford Institute, Charlottesville, VA, for Amicus Curiae, The Rutherford Institute, in support of Appellees, Donald Layshock, Cheryl Layshock.
Robert D. Richards, Esq. , Clay Calvert, Esq. , Pennsylvania Center for the First Amendment, University Park, PA, for Amicus Curiae, Pennsylvania Center for the First Amendment, in support of Appellees, Donald Layshock, Cheryl Layshock.
We are asked to determine if a school district can punish a student for expressive conduct that originated outside of the schoolhouse, did not disturb the school environment and was not related to any school sponsored event. We hold that, under these circumstances, the First Amendment prohibits the school from reaching beyond the schoolyard to impose what might otherwise be appropriate discipline.
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