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“All These People Must Die”: The Ninth Circuit Rules That a School May Expel a Student for Creating a Hit List, Even Though the Student Never Intended for Anyone to See It


by Richard Fossey & Todd A. DeMitchell - December 19, 2019

In McNeil v. Sherwood School District 88J, the Ninth Circuit Court of Appeals made clear that a school district may expel a student for out-of-school speech that contains threats of violence against other students without violating the First Amendment, even if the student never communicates those threats to anyone.


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Cite This Article as: Teachers College Record, Date Published: December 19, 2019
https://www.tcrecord.org ID Number: 23158, Date Accessed: 7/5/2020 12:31:50 AM

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About the Author
  • Richard Fossey
    University of Louisiana at Lafayette
    E-mail Author
    RICHARD FOSSEY is the Paul Burdin Endowed Professor of Education at the University of Louisiana at Lafayette.
  • Todd DeMitchell
    University of New Hampshire
    E-mail Author
    TODD A. DeMITCHELL is the John and H. Irene Peters Professor of Education at the University of New Hampshire, Durham, New Hampshire.
 
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