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Kowalski v. Berkeley County Schools

Certiorari Denied

Petition for certiorari denied on January 17, 2012.

Docket No.11-461
Op. Below4th Cir.

Issue

(1) Whether the First Amendment permits a public school to discipline a student for speech that occurs off-campus and not at a school-sponsored event, and that is not directed at the school; and (2) whether off-campus student speech not directed at the school satisfies the "material and substantial disruption" test articulated in Tinker v. Des Moines Independent Community School District merely because a single student missed one day of school and because school officials speculated that the off-campus speech might lead to "copycat" behavior on school grounds.

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