Law & Courts

Justices Decline Appeal Over Student’s Online Threat

By Mark Walsh — April 03, 2008 2 min read
  • Save to favorites
  • Print

Includes updates and/or revisions.

The U.S. Supreme Court has declined to review the case of an 8th grader who was suspended for an off-campus Internet message with a drawing that suggested a teacher should be shot.

The justices declined without comment on March 31 to hear the appeal of the family in Wisniewski v. Board of Education of the Weedsport Central School District (Case No. 07-987).

According to court papers, Aaron Wisniewski was a student at Weedsport Middle School in New York state in 2001 when he sent an instant message on America Online to a friend with an icon featuring a pistol firing bullets at a person’s head, with the words “Kill Mr. VanderMolen.” Philip VanderMolen was the boy’s English teacher. Aaron was suspended for one semester over the message.

The student and his parents challenged the discipline in court, arguing that the boy’s instant-messaging icon was protected by the First Amendment because it was not a true threat.

Both a federal district court and the U.S. Court of Appeals for the 2nd Circuit, in New York City, ruled for the school district.

The appeals court panel said in its unanimous opinion that the student’s transmission of the icon “crosses the boundary of protected speech and constitutes student conduct that poses a reasonably forseeable risk that … it would materially and substantially disrupt the work and discipline of the school.”

The appeals court said the fact that the student had created and transmitted the icon outside of school did not insulate him from discipline. The fact that Aaron sent the icon to 15 recipients, including some of his classmates, made it foreseeable, if not inevitable, that it would become a disruptive influence at his school, the court said.

Morse

v.

Frederick

The appeals court’s July 5 ruling came just days after the U.S. Supreme Court issued a major decision on student-speech rights last June. In Morse v. Frederick, the high court held that a “Bong Hits 4 Jesus” banner displayed at a school-related event by an Alaska high school student was not protected under the First Amendment. (“Ruling in ‘Bong Hits’ Case Seen as Leaving Protection for Students’ Free Speech,” July 18, 2007.)

The 2nd Circuit court, in its Wisniewski decision, took brief note of the Morse ruling and suggested that it did not offer the Weedsport student much, if any, support.

The Morse decision was the topic of a session late last month at the National School Boards Association’s Council of School Attorneys meeting in Orlando, Fla.

Despite what many observers viewed as a major legal victory for schools and administrators in exercising disciplinary authority over students, a presenter at the school lawyers’ group said Morse was “not a grand slam.”

“I don’t even think we hit a double,” Michael E. Smith, a Fresno, Calif., lawyer who represents school districts, said at the March 28 session. While there is much for schools to like in the ruling, he said, it was not as clear is it could have been in settling on a more precise legal standard for analyzing student free-speech claims.

A version of this article appeared in the April 09, 2008 edition of Education Week as Justices Decline Appeal Over Student’s Online Threat

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
Special Education Webinar
Bridging the Math Gap: What’s New in Dyscalculia Identification, Instruction & State Action
Discover the latest dyscalculia research insights, state-level policy trends, and classroom strategies to make math more accessible for all.
Content provided by TouchMath
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
School Climate & Safety Webinar
Belonging as a Leadership Strategy for Today’s Schools
Belonging isn’t a slogan—it’s a leadership strategy. Learn what research shows actually works to improve attendance, culture, and learning.
Content provided by Harmony Academy
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
School & District Management Webinar
Too Many Initiatives, Not Enough Alignment: A Change Management Playbook for Leaders
Learn how leadership teams can increase alignment and evaluate every program, practice, and purchase against a clear strategic plan.
Content provided by Otus

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 Appeals Court Allows Louisiana Ten Commandments Displays to Proceed
The court said it was premature to rule on the constitutionality of La. Ten Commandments displays.
3 min read
Students work under Ten Commandments and Bill of Rights posters on display in a classroom at Lehman High School in Kyle, Texas, Thursday, Oct. 16, 2025.
Students work under Ten Commandments and Bill of Rights posters on display in a classroom at Lehman High School in Kyle, Texas, Oct. 16, 2025. A federal appeals court has lifted a lower-court injunction blocking a Louisiana law that requires Ten Commandments displays, clearing the way for the law to take effect.
Eric Gay/AP
Law & Courts Social Media Companies Face Legal Reckoning Over Mental Health Harms to Children
Some of the biggest players from Meta to TikTok are getting a chance to make their case in courtrooms around the country.
6 min read
Social Media Kids Trial 26050035983057
Meta CEO Mark Zuckerberg leaves court after testifying in a landmark trial over whether social media platforms deliberately addict and harm children, on Feb. 18, 2026, in Los Angeles.
AP Photo/Damian Dovarganes
Law & Courts Supreme Court Strikes Trump Tariffs in Case Brought by Educational Toy Companies
Two educational toy companies were among the leading challengers to the president's tariff policies
3 min read
Members of the Supreme Court sit for a new group portrait following the addition of Associate Justice Ketanji Brown Jackson, at the Supreme Court building in Washington, Oct. 7, 2022. Bottom row, from left, Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice of the United States John Roberts, Associate Justice Samuel Alito, and Associate Justice Elena Kagan. Top row, from left, Associate Justice Amy Coney Barrett, Associate Justice Neil Gorsuch, Associate Justice Brett Kavanaugh, and Associate Justice Ketanji Brown Jackson.
Members of the U.S. Supreme Court sit for a new group portrait following the addition of Justice Ketanji Brown Jackson, at the court building in Washington, Oct. 7, 2022. On Feb. 20, 2026, the court ruled 6-3 to strike down President Donald Trump's broad tariff policies, ruling that they were not authorized by the federal statute that he cited for them.
J. Scott Applewhite/AP
Law & Courts Mark Zuckerberg Quizzed on Kids' Instagram Use in Landmark Social Media Trial
The Meta chief testified in a court case examining whether the company's platforms are addictive and harmful.
5 min read
Meta CEO Mark Zuckerberg arrives for a landmark trial over whether social media platforms deliberately addict and harm children, Wednesday, Feb. 18, 2026, in Los Angeles.
Meta CEO Mark Zuckerberg arrives at a federal courthouse in Los Angeles on Feb. 18, 2026. Zuckerberg was questioned about the features of his company's platform, Instagram, and about his previous congressional testimony.
Ryan Sun/AP