Municipal, Land Use & Zoning

By: Amanda Sundquist

On December 17, 2010, I blogged about a First Amendment law suit brought by two middle school students against Easton Area School District in federal court. The District banned the wearing of “I (heart) Boobies” bracelets distributed by the Keep A Breast Foundation. The students were suspended for failing to comply with the ban.

On April 12, 2011, the federal court granted a preliminary injunction in favor of the two students, which prohibits the school district from continuing with its bracelet ban. The federal court also concluded that: (1) the school district did not show that wearing the bracelets caused a substantial disruption to the school district sufficient to allow the school district to impose discipline and (2) the bracelets could not be reasonably found to be lewd or vulgar speech under the standard of School District v. Fraser so the school district could not utilize the Fraser exception. The federal court’s memorandum can be found here.

For disciplinary issues associated with your school district’s speech or dress polices, please contact me in our West Chester office.

Amanda J. Sundquist

Amanda Sundquist is an associate at Unruh, Turner, Burke and Frees. Amanda practices in the areas of Pennsylvania Municipal and School Law, and Pennsylvania Zoning and Land Use Law. The firm maintains law offices in Malvern, Phoenixville, and West Chester Pennsylvania which serve the Main Line, and many surrounding communities such as Devon, Exton, West Chester, Ardmore and others.

By: Amanda Sundquist

Two middle school students have brought a First Amendment law suit against the Easton Area School District in the United State District Court for the Eastern District of Pennsylvania.  The District banned the wearing of “I (heart) Boobies” bracelets distributed by the Keep A Breast Foundation.  The students were suspended for failing to comply with the ban.

The two main issues that will likely be examined in the case are: (1) whether the wearing of the bracelets is protected under Tinker v. Des Moines School District, which prohibits a school district from punishing student speech unless it creates a material or substantial disruption and (2) whether the bracelets are sufficiently lewd or indecent to fall within the exception created in  Bethel School District v. Fraser to the substantial disruption standard.  An injunction hearing is scheduled in this case on December 16, 2010.

For disciplinary issues associated with your school district’s speech or dress polices, please contact Amanda Sundquist in our West Chester office.

Amanda J. Sundquist

Amanda Sundquist is an associate at Unruh, Turner, Burke and Frees, Amanda practices in the areas of Pennsylvania Municipal and School Law, and Pennsylvania Zoning and Land Use Law. The firm maintains law offices in Malvern, Phoenixville, and West Chester Pennsylvania which serve the Main Line, and many surrounding communities such as Devon, Exton, West Chester, Ardmore and others.

By: Amanda Sundquist

As discussed in my February 18, 2010 and April 12, 2010 blog entries on free speech, the United States Court of Appeals for the Third Circuit reached conflicting results in two student free speech cases: Layshock v. Hermitage School District and J.S. v. Blue Mountain School District.  The Third Circuit has granted the request for rehearings before a full panel of the Court for each case, which will occur on June 3, 2010. It is unclear if the cases will be consolidated.

Contact Amanda Sundquist in our West Chester, PA office for more information on student free speech.

By: Amanda J. Sundquist

As discussed in my February 18, 2010 blog entry, the United States Court of Appeals for the Third Circuit reached conflicting results in two student free speech cases: Layshock v. Hermitage School District and J.S. v. Blue Mountain School District.  An article in the Legal Intelligencer reports that lawyers on both sides of the issue are urging the Court to vacate the two decisions and hold rearguments before the full court, in hopes of clarifying the confusion arising from the conflicting rulings. Stay tuned for updates on whether the Court agrees to the requested course of action.

Contact Amanda Sundquist for more information.

By: Amanda J. Sundquist

The United States Court of Appeals for the Third Circuit has issued new, and competing student free speech decisions.  The cases names are becoming familiar to school districts across the region: Layshock v. Hermitage School District and J.S. v. Blue Mountain School District.  Both cases address the ability of a school district to discipline students for out-of-school speech, namely derogatory MySpace profiles of school administrators.  While the cases were factually similar, the two panels reached different results. As such, our Third Circuit (which covers Pennsylvania, New Jersey and Delaware) has yet to provide ironclad guidance for school districts concerning out-of-school Internet speech.  School districts should continue to remember that this type of case is very fact specific and the issues need to be evaluated carefully.  For assistance with disciplinary issues relating to out-of-school or Internet speech, please contact our Municipal Group.

By: Amanda J. Sundquist

In Trefelner v. Burrell School District, the United States District Court for the Western District of Pennsylvania issued a temporary restraining order to compel a school district to permit a parochial school student to participate in extracurricular activities offered by the school district, including marching and jazz bands. Pennsylvania’s Public School Code (“School Code”) permits home schooled students or, in certain situations, students who attend charter schools to participate in extracurricular activities offered by their school district of residence.

In Trefelner, the Court analyzed the student’s claim under the Free Exercise Clause framework. The Court found given the secular exemptions created by the School Code and the lack of similar religious exemptions, the student may be able to demonstrate that the school district’s extracurricular activity policy was not neutral and that it was not narrowly tailored to advance compelling interests. The Court issued a temporary restraining order. While Trefelner was ultimately settled by agreement between student and the school district, the issuance by the Court of the temporary restraining order indicates that courts may be willing to consider participation in public school activities by parochial school students.

If your school district requires assistance updating its extracurricular activities policy or addressing issues relating to the participation in extracurricular activities by home schooled, charter school, or other students, please contact Amanda Sundquist.

By: Amanda J. Sundquist

Out of school activities by students and staff that impact the effective running of a school district are a gray area to navigate. Recently, the 9th U.S. Circuit Court of Appeals concluded that a teacher’s personal blog contained “several highly personal and vituperative comments” which justified the school district demoting her from her job as a curriculum specialist and instructional coach to a classroom teacher. The legitimate administrative interests of the school district outweighed the employee’s First Amendment rights.

While the Court’s decision in Richerson v. Beckon is not controlling in Pennsylvania, it illustrates the need for employees and students to exercise good judgment in what they place on blogs and other internet communication vehicles. For more information please contact our office.