FREE SPEECH
The Wisconsin Supreme Court has overturned the disorderly conduct conviction of a student who wrote an essay that his English teacher interpreted as a threat.
In its ruling Wednesday, the court said the essay -- which involved beheading a teacher with a machete -- was repugnant but not criminal, and was protected by the First Amendment.
The case involved a then-13-year-old boy, identified only as Douglas D., who had been thrown out of class on Oct. 7, 1998, for being disruptive. The teacher had assigned the class an essay titled Top Secret, to which each student would add paragraphs. The disruptive student was sent to the hallway and told to
start his essay out there.
At the end of the class period, he returned with four paragraphs describing how a student was thrown out of class and the next day returned with a machete and beheaded a teacher named Mrs. C -- the same name often used to address the English teacher.
However, the teacher was upset and told
an assistant principal. Though Douglas later apologized and said he did not mean the essay as a threat, he was placed on one-year supervision and later convicted of disorderly conduct.
The conviction was upheld on appeal but the state high court reversed the decision, noting the essay was written as part of a creative writing class at the direction of the teacher and adding that if it had been penned in math
class, we would have a different case before us.
In a dissenting opinion, Justice Davis Prosser noted the essay was written against a disturbing backdrop of school
violence and schools have a clear obligation to protect students and teachers.
Do you agree with the Wisconsin Supreme Court decision that the essay was constitutionally protected?
Why or why not?
By unknown
The Wisconsin Supreme Court has overturned the disorderly conduct conviction of a student who wrote an essay that his English teacher interpreted as a threat.
In its ruling Wednesday, the court said the essay -- which involved beheading a teacher with a machete -- was repugnant but not criminal, and was protected by the First Amendment.
The case involved a then-13-year-old boy, identified only as Douglas D., who had been thrown out of class on Oct. 7, 1998, for being disruptive. The teacher had assigned the class an essay titled Top Secret, to which each student would add paragraphs. The disruptive student was sent to the hallway and told to
start his essay out there.
At the end of the class period, he returned with four paragraphs describing how a student was thrown out of class and the next day returned with a machete and beheaded a teacher named Mrs. C -- the same name often used to address the English teacher.
However, the teacher was upset and told
an assistant principal. Though Douglas later apologized and said he did not mean the essay as a threat, he was placed on one-year supervision and later convicted of disorderly conduct.
The conviction was upheld on appeal but the state high court reversed the decision, noting the essay was written as part of a creative writing class at the direction of the teacher and adding that if it had been penned in math
class, we would have a different case before us.
In a dissenting opinion, Justice Davis Prosser noted the essay was written against a disturbing backdrop of school
violence and schools have a clear obligation to protect students and teachers.
Do you agree with the Wisconsin Supreme Court decision that the essay was constitutionally protected?
Why or why not?
By unknown
