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May 26 update: The AP is reporting that Obama has picked Sotomayor for the Supreme Court. I’ve got a new post up this morning exploring her views on race and gender in the judiciary.
In August 2007 Judge Sonia Sotomayor sat on a panel that ruled on an appeal in a high school free speech case, Doninger v. Niehoff.
The ruling in that case has come under heavy criticism from some civil libertarians, but though it’s not good, I’m not convinced it’s as bad as some people have made out. Here’s the deal:
Avery Doninger was a member of the student council of Lewis Mills High School in Connecticut. In the spring of 2007, the student council and the LMHS administration butted heads over a school concert called Jamfest, which administrators were not allowing to go forward on its originally scheduled date.
At one point in the dispute Doninger put up a blogpost saying that the principal had canceled the concert because she was “pissed off” about student pressure. Doninger called the administration “douchebags” for canceling Jamfest, and urged students to complain to the principal and “piss her off more.”
According to the principal, however, the concert had never been canceled, and in fact the day after Doninger put up her post, students and administrators reached an agreement to reschedule it.
The principal learned of Doninger’s blogpost two weeks after it went up, and punished Doninger for posting it by not allowing her to run for Senior Class Secretary. She gave four reasons: Doninger had not followed proper procedures for resolving disagreements with the administration, the post’s language had been “vulgar,” claims in the post had been inaccurate, and the exhortation to other students to “piss her off more” had been inappropriate.
Doninger ran as a write-in candidate in the election, and won, but was not allowed to take office. She and her parents then challenged that decision in court, asking for an injunction that would allow her to be seated as class secretary.
A federal district court denied that request, saying that Doninger did not have a strong enough likelihood of winning her case at trial. In making that ruling, the court accepted the principal’s account of several factual matters, rejecting Doninger’s claims.
This is where Sotomayor enters the picture, sitting as a member of a three-judge appeals court panel.
Update: Here’s my review and analysis of the case., and here’s my take on Sotomayor’s perspective on race and gender in the judiciary.
Back in January I reported on the case of a high school student who was barred from running for student government after she referred to school administrators as “douchebags” on a LiveJournal blog.
Now comes word that federal judge Sonia Sotomayor, widely believed to be on Obama’s Supreme Court shortlist, issued a ruling in that case a year ago — and it wasn’t a good one.
According to media studies prof Paul Levinson, Sotomayor was part of a panel that ruled against the student on the grounds that high schools have a responsibility to instill “shared values,” including a “proper respect for authority,” in students.
Ouch.
I haven’t had a chance to read that court’s ruling in full yet, but I’ll update this post when I do.
