From Judge Franklin Valderrama (N.D. Ill.) in C.B. v. Bd. of Ed. of Minooka Community High School Dist. 111, decided last month but just posted on Westlaw:
Plaintiff is a public high school student who alleges she was unconstitutionally disciplined by her high school for sending a private Snapchat message while off-campus to fellow-student (G.G.), which stated in reference to another student (D.E.), "cant even spell in english. leave. go back to wherever u came from."
The Court granted Defendants' motion to dismiss Plaintiff's First Amendment Freedom of Speech claim, finding that schools are permitted to regulate off-campus student speech where the speech in question threatens a concrete and substantial disruption, because, as alleged, those circumstances were present here. Order. Plaintiff now moves the Court to reconsider that decision, arguing that the Court did not fully appreciate that the message was not sent directly to the student to which it referred, that it was only sent because the other student had disparaged veterans, and that the Court assumed certain facts not alleged in the FAC [First Amended Complaint]. For the reasons stated below, Plaintiff's motion for reconsideration is granted….
