Legal Question in Civil Litigation in Pennsylvania
First Amendment Infrigement
My question is rather complex. My son has been singled out and harassed for several weeks at his Public High School. The latest incident he wrote a paper for a class and used the following words in his paper:
''screw that'', ''what a gay assigment'' (gay is slang for dumb), ''bastard'' and ''damn''. What I want to know is does the right to free speech and expression apply to high school students? To my knowledge this was a paper that was turned in to his teacher and not publicly read. I don't know if I have any grounds to hire an attorney or where to begin. He also received 1 day detention for laughing in class at an inapporopriate time as well as several other disciplinary actions. It would be ridiculous to assume that all kids in his school who laughed at inappropriate times have received disciplinary action of any sort, let alone 1 day suspension.
1 Answer from Attorneys
Re: First Amendment Infrigement
Your son does have a first amendment right to free speech however there is alot of discretion in this matter when it comes to students. Teachers have alot of leeway in what they can and cannot allow, stating he has been singled out is not very clear.
Is this is a public school or private, have you spoken with the teacher or teachers in question. Why do you believe he was singled out.
Before hiring a lawyer try speaking with the school and getting involved as a parent. See what answers they give you and speak with your son. Talk to his friends see what their opinion is and if the teacher was right or wrong.
If after all this you still feel like meeting with a lawyer to discuss his rights or yours you can call my office and we will provide all new clients free initial consultation.
Sincerely,
Brandon Barnett, Esq.
412-916-1677
www.youresquire.net
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