Law & Courts

Court Distinguishes Between Threats, Free Speech

By Mark Walsh — May 23, 2001 1 min read
  • Save to favorites
  • Print

A creative-writing essay that depicted an angry student beheading his teacher with a machete was not a true threat of violence, but instead a form of speech protected by the First Amendment, the Wisconsin Supreme Court ruled last week.

But in another case, decided the same day, the court ruled that a student’s statement that he planned to “do something similar” to the 1999 shootings at Colorado’s Columbine High School was not “adolescent trash talking,” as a lower court had found, but an illegal threat that merited punishment in the juvenile-justice system.

The state high court used the two May 16 rulings to try to draw a line between protected speech and serious threats of violence. The decisions come in a national context of continuing struggles by educators and law-enforcement officials to react both legally and effectively to warning signs of student violence.

The Wisconsin court ruled 6-1 that the machete essay was protected because it resulted from an assignment in a creative-writing class. An 8th grader, identified in court papers as Douglas D., wrote about a student who kills his teacher after she attempts to discipline him. Both Douglas D.'s teacher and the one in the story are known as Mrs. C.

Although the story was “crude and repugnant,” it was not a true threat of violence against his teacher, the court majority said.

The court stressed that even though the author could not be punished under the juvenile-justice system, administrators were on solid ground in suspending him for the essay.

“Under some circumstances, schools may discipline conduct even where law-enforcement officials may not,” the ruling noted.

Jeffrey P. Dickert, the superintendent of the 1,350-student Oconto district, where the case originated, said he was surprised that the court found that Douglas D.'s essay was protected speech.

“It is kind of amazing a teacher could be written about in that manner,” he said.

True Threats

The second case concerned statements by a middle school student in the 3,100-student De Forest district. The student, identified as A.S., talked to a friend about committing Columbine-like violence at school. The court ruled unanimously that his statements were true threats and were not protected speech.

“A.S. had no more right to make these statements than ... does a man have the right to cry ‘fire’ in a crowded theater,” the high court said.

A version of this article appeared in the May 23, 2001 edition of Education Week as Court Distinguishes Between Threats, Free Speech

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
College & Workforce Readiness Webinar
From Coursework to Careers: Expanding Work-Based Learning and Industry Credentials in CTE
Expand work-based learning and industry credentials in CTE to connect classroom learning with real careers and prepare students for future success.
Content provided by Project Lead The Way
College & Workforce Readiness Webinar Data-Driven and District-Ready: What EdWeek Research Tells Us About the CTE Market
Discover how to sharpen your positioning in a fast-moving market of CTE with actionable strategies grounded in EdWeek Research Center data.
Classroom Technology Live Online Discussion A Seat at the Table: The Rewiring of Childhood With Jonathan Haidt
Jonathan Haidt, Catherine Price, and Adam Swinyard join Peter DeWitt on how to get students off devices and back to the basics of childhood.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Federal Judge Strikes Down Trump's $100,000 Fee on New H-1B Visas
Schools and states say filling teacher and doctor vacancies was hard enough before the fee hike.
3 min read
President Donald Trump talks with reporters before boarding Air Force One at John F. Kennedy International Airport in New York, early on June 9, 2026, as Environmental Protection Agency director Lee Zeldin, left, and Interior Secretary Doug Burgum listen.
President Donald Trump talks with reporters before boarding Air Force One at John F. Kennedy International Airport in New York early on June 9, 2026 as Environmental Protection Agency director Lee Zeldin, left, and Interior Secretary Doug Burgum listen. A federal judge in Boston has struck down Trump's elevated, $100,000 fee for H-1B visas that employers use to hire foreign workers for hard-to-fill positions.
Mark Schiefelbein/AP
Law & Courts Opinion Why the Supreme Court’s Ruling on Conversion Therapy Matters for Schools
A recent case puts religiously motivated speech ahead of the well-being of LGBTQ+ youth.
Jonathon E. Sawyer
5 min read
lgbtq student backpack with rainbow spectrum flag on stairs isolated
Education Week + iStock/Getty
Law & Courts Birthright Citizenship Case Raises Stakes for Schools and Undocumented Students
Educators are paying close attention to the case on Trump's birthright citizenship order.
10 min read
President Donald Trump signs an executive order on birthright citizenship in the Oval Office of the White House in Washington, Jan. 20, 2025.
President Donald Trump signs an executive order on birthright citizenship in the Oval Office of the White House on Jan. 20, 2025. The order, now before the U.S. Supreme Court, seeks to limit citizenship for some children born in the United States to immigrant parents without permanent legal status.
Evan Vucci/AP
Law & Courts Appeals Court Revives Lawsuit Over 1st Grader’s Black Lives Matter Drawing
A court revived a 1st grader 's claim she was punished for giving a drawing to a Black classmate.
4 min read
Seen is the drawing made by Viejo Elementary School first-grader B.B. that was entered into evidence. B.B. gave the drawing to her classmate, M.C., who is African American. M.C. thanked B.B.
Pictured is a drawing by a 1st grader in California and given to a Black classmate that is at the center of a First Amendment legal challenge over the student's alleged punishment.
U.S. Court of Appeals for the 9th Circuit