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Unconstitutional Punishment: Goldwater Defends Missouri Student’s Free Speech Rights

A.N., a minor, by and through her Next Friend, J.N. v. Jackson R-II School District, et al.

Case Status

Date Filed

December 3, 2024

Last Step

Discovery and Mediation

Next Step

Dispositive Motions

Case Overview

In September 2024, a seventh-grade student, A.N., saw a social media post that appeared to threaten her school. Concerned, she sent a private message to another student to ask if the threat was real. When asked for a screenshot, she recreated the threatening message to show what she had seen, noting it was from someone else.

The other student shared this message publicly without its context. School officials, believing A.N. had made a threat against the school, canceled a day of classes and extracurricular activities. Police quickly learned about A.N.’s messages with the other student and determined she had no intent to scare or threaten anyone. Despite this, the school suspended A.N. for ten days, then extended the suspension to a total of 180 days—the entire school year.

The lawsuit argues the school’s decision to punish A.N. violated her rights under the First Amendment and the Due Process Clause. A.N.’s speech was a private, off-campus question about safety, which is protected. The Supreme Court has ruled schools have limited authority over such off-campus speech and cannot punish someone based only on how others misinterpret their words. Furthermore, where schools might impose a punishment of more than ten days’ suspension, they are required to give students a real opportunity to defend themselves against accusations of wrongdoing.

By defending A.N., the Goldwater Institute seeks to affirm that students do not lose their free speech rights when they use social media at home. A victory would prevent schools from imposing severe punishments on students for innocent, non-threatening conversations about matters of public concern.

Case Logistics

The case is A.N., a minor, by and through her Next Friend, J.N. v. Jackson R-II School District, et al. The complaint was initially filed on December 3, 2024, in the Circuit Court of Cape Girardeau County, Missouri. It was subsequently removed to the United States District Court for the Eastern District of Missouri, Southeastern Division.

 

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