Legal News

Brothers from Lee’s Summit North High School Lose Court Battle
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

Twin brothers, Sean and Steven Wilson, have been suspended by Lee’s Summit North High School for creating a website that caused disruptions at school. The twins were suspended for 180 days by the school. The website was created so the twins can complain about events at the school. The website went somewhat-viral.

The website even had sexist and racist comments posted to it along with sexist remarks about female students who were named. According to reports, the twins created the posts themselves but a third student posted a racist comment to the website. The twins, juniors at the time, were permitted to enroll in Summit Ridge Academy while on their suspension. The school district was sued by the twins, who claim that their freedom of speech was violated by the suspension. They also claim that they would suffer irreparable harm at Summit Ridge because it does not have a band or honors courses.

  
What
Where


An original ruling in the case from the district court gave the twins Motion for a Preliminary Injunction. The court ruled that the twins were likely to win on the merits and that the lack of a band and honors courses did constitute irreparable harm. On Wednesday, the Eighth Circuit Court of Appeals reversed the district court ruling.

When issuing its ruling, the Eighth Circuit used reasoning from Tinker v. Des Moines. In this case, the court ruled that schools are not permitted to censor the free speech of a student unless the student’s speech “materially and substantially interfere with the requirements of appropriate discipline in the operation of the school.” The case of the twins was defeated by the interference aspect.

In its ruling, the Eighth Circuit said, “Under Tinker, speech which actually caused a substantial disruption to the educational environment is not protected by the First Amendment. Therefore, the Wilsons are unlikely to succeed on the merits.”

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!




The court ruled that the Wilson brothers did not meet the standard required for irreparable harm because concerns over not receiving college band scholarships and having trouble acquiring music careers were speculative. The court said that those concerns were not “certain and great.” The court said that speculative harm does not mean a preliminary injunction will be issued.

The school has yet to determine the fate of the Wilson brothers. Because the Eighth Circuit did not issue a preliminary injunction for the twins, it means that the “unenviable task of fashioning a remedy” was left to the district court, which had its original ruling overturned.



S.J.W. v. Lee’s Summit R-7 School Dist. (Eighth Circuit Court of Appeals)



 

Interesting Legal Sites You May Like


BCG FEATURED JOB

Locations:

Keyword:



Search Now

Corporate, Mergers and Acquisitions and Securities Associate Attorney

USA-NY-New York City

New York City office of our client seeks corporate, mergers and acquisitions and securities associat...

Apply Now

Business Litigation Attorney

USA-CA-Santa Monica

Santa Monica office of our client seeks business litigation attorney with 1-3 years of experience. T...

Apply Now

Intellectual Property Litigation / Enforcement Associate Attorney

USA-CA-San Francisco

San Francisco office of our client seeks intellectual property litigation / enforcement associate at...

Apply Now

Eminent Domain Attorney

USA-TX-Richmond

Richmond office of our client seeks eminent domain attorney with 5+ years of experience. The candida...

Apply Now

RELEVANT JOBS

Corporate Attorney

USA-NJ-Mount Laurel

Parker McCay is seeking a mid-level attorney to join the corporate transactional department, a dynam...

Apply now

Labor, Employment, and Education Attorney

USA-NJ-Mount Laurel

Parker McCay is seeking an experienced attorney to focus on all aspects of counseling and litigation...

Apply now

Litigation paralegal

USA-TX-Dallas

We are looking to immediately hire a responsible, highly organized, self-motivated litigation parale...

Apply now

Attorney

USA-TX-Dallas

Associate Attorney – 7 to 10 Years’ Experience - Dallas/Fort Worth   ...

Apply now

SEARCH IN ARCHIVE

To Top