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Student's IM threat is not protected speech, Second Circuit says.

Publication: Trial
Publication Date: 01-SEP-07 		Format: Online
Delivery: Immediate Online Access
Full Article Title: Student's IM threat is not protected speech, Second Circuit says.(instant messaging)

Article Excerpt
An eighth-grade student who joked--through a drawing posted online--about killing a teacher could be suspended for his behavior, the Second Circuit held recently, affirming a lower court's decision. (Wisniewski v. Bd. of Educ. of Weedsport C. Sch. Dist., 2007 WL 1932264 (2d Cir. July 5, 2007).)

Communicating with friends by instant messaging (IM) software on his parents' computer, Aaron Wisniewski used a small drawing as his IM icon (displayed along with his user name when he posted messages). The drawing depicted a gun firing at a person's head, next to the words "Kill Mr. Vander-Molen," Aaron's English teacher. Other students on Aaron's IM "buddy list" saw the icon, and another student who found out about it told the teacher about it.

A police investigator and a psychologist determined that Aaron meant for the icon to be a joke and that he did not pose a real...

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