LAYSHOCK EX REL. LAYSHOCK v. HERMITAGE SCHOOL DIST.

No. 07-4465.

650 F.3d 205 (2011)

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.

Opinion Filed February 4, 2010.

Opinion Vacated and Petition for Rehearing En Banc Granted April 9, 2010.

Rehearing En Banc Ordered June 3, 2010.

Argued En Banc June 3, 2010.

Opinion filed: June 13, 2011.


Attorney(s) appearing for the Case

Anthony G. Sanchez, Esq. (Argued), Christina Lane, Esq. , Andrews & Price, Pittsburgh, PA, for Appellant, Hermitage School District.

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.

Kim M. Watterson, Esq. , Richard T. Ting, Esq. , William J. Sheridan, Esq. , Reed Smith LLP, Witwold J. Walczak, Esq. (Argued), Sara J. Rose, Esq. , American Civil Liberties Foundation of Pennsylvania, Pittsburgh, PA, for Appellees, Donald Layshock, Cheryl Layshock.

John W. Whitehead, Esq. , The Rutherford Institute, Charlottesville, VA, for Amicus Curiae, The Rutherford Institute, in support of Appellees, 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. , The Student Press Law Center, Arlington, VA, for Amicus Curiae, The Student Press Law Center, 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.

Before: McKEE, Chief Judge, SLOVITER, SCIRICA, RENDELL, BARRY, AMBRO, FUENTES, SMITH, FISHER, CHAGARES, JORDAN, GREENAWAY, JR., VANASKIE and ROTH, Circuit Judges.


OPINION OF THE COURT

McKEE, Chief Judge.

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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