A 3d Circuit split on student speech rights

Robert D. Richards and Clay Calvert write at the National Law Journal: “The U.S. Supreme Court has yet to address a case involving the First Amendment speech rights of public school students who create Web sites, on their own time and while off campus, that mock school officials. But on the exact same day in early February, two different three-judge panels from the U.S. Court of Appeals for the 3d Circuit in Philadelphia issued rulings addressing that precise issue on nearly identical facts — and remarkably reached very different, if not diametrically opposed, conclusions.”

Layshock v. Hermitage School District, Nos. 07-4465, 07-4555, 2010 U.S. App. Lexis 2384 (3d Cir. Feb. 4, 2010)

J.S. v. Blue Mountain School District, No. 08-4139, 2010 U.S. App. Lexis 2388 (3d Cir. Feb. 4, 2010)