Kowalski v. Berkeley County Schools, No. 10-1098, 2011 BL 194684 (4th Cir. July 27, 2011) The U.S. Court of Appeals for the Fourth Circuit affirmed the dismissal of claims that a public school district violated the rights of a high school student by punishing her for creating a MySpace page ridiculing another student. The court found that the school's action was justified under the U.S. Supreme Court decision Tinker v. Des Moines Independent Community School District, 393 U.S. 503, 513 (1969), because the plaintiff's actions created "substantial disorder" and "collid[ed] with . . . the rights of others."
Plaintiff's MySpace Page
Free Speech Claim
Procedural Due Process Claim
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