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

Jobs Regional K-12 Virtual Career Fair: DMV
Find teaching jobs and K-12 education jubs at the EdWeek Top School Jobs virtual career fair.
Teaching Profession Webinar Effective Strategies to Lift and Sustain Teacher Morale: Lessons from Texas
Learn about the state of teacher morale in Texas and strategies that could lift educators' satisfaction there and around the country.
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
Hidden Costs of Special Ed Vacancies: Solutions for Your District
When provider vacancies hit, students feel it first. Hear what district leaders are doing to keep IEP-related services on track.
Content provided by Huddle Up

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 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
Law & Courts Supreme Court’s Gender Identity Ruling Leaves Schools Seeking Clarity
Advocates say they would welcome more from the Supreme Court on gender-notification policies.
7 min read
The Supreme Court is photographed, Friday, Feb. 27, 2026, in Washington.
The Supreme Court is photographed, Friday, Feb. 27, 2026, in Washington. The high court recently ruled that California policies that sometimes limit or discourage schools from disclosing information to parents about children’s gender transitions and expressions at school likely violate parents’ constitutional rights
Rahmat Gul/AP
Law & Courts Supreme Court Backs Parents in School Gender Disclosure Fight
The Supreme Court restored an injunction blocking California policies on student gender transitions
8 min read
Teacher’s aide Amelia Mester, wrapped in a Pride flag, urges Escondido Union High School District not to have employees notify parents if they believe a student may be transgender in November 2025. A policy on the issue in the city’s elementary school district is the subject of a federal class-action lawsuit in which a judge just sided against the district.
Teacher’s aide Amelia Mester, wrapped in a Pride flag, urges Escondido Union High School District not to have employees notify parents if they believe a student may be transgender at a meeting in November 2025. Two parents and two teachers from the district sued in 2023, challenging California state guidance concerning student gender transitions and parental notification. The U.S. Supreme Court has now reinstated a lower-court decision overturning those state policies.
Charlie Neuman for The San Diego Union-Tribune/TNS