United States Court of Appeals - for the Second Circuit

20.500.12592/kttvz0

United States Court of Appeals - for the Second Circuit

30 Nov 2022

Radwan] indicated to the coach that she ‘was caught in the heat of the moment,’” her gesture to the ESPNU camera was “a clear violation of the Conference Code of Conduct.” Id. [...] Given the absence of the requisite property interest, the district court noted that it did not need to reach the question of whether the process Radwan received was sufficient, but then alternatively concluded that “UConn did have a procedure for appealing the cancellation of Ms. [...] The Court distinguished the school’s regulation of the offensive and lewd speech from the circumstances in Tinker, where the Court held that a school district could not discipline a student for wearing a black armband to school during the Vietnam War because the record “d[id] not demonstrate any facts which might reasonably have led school authorities to forecast substantial disruption of or mater. [...] Thus, even in the absence of evidence of substantial disruption to the school, the Court concluded that “it was perfectly appropriate for the school to disassociate itself to make the point to the pupils that vulgar speech and lewd conduct is wholly inconsistent with the ‘fundamental values’ of public school education.” Id. [...] For example, in Hazelwood, the Court held that high school officials did not violate the First Amendment when they censored certain articles in a school newspaper about pregnancy and divorce because the articles might reasonably be perceived by members of the school community and the public to “bear the imprimatur of the school.” 484 U.
Pages
98
Published in
United States of America