Case: 12-60264
Document: 00513162565
Page: 20
Date Filed: 08/20/2015
No. 12-60264
reality that educators must confront on an all too frequent basis”.). School
administrators must be vigilant and take seriously any statements by students
resembling threats of violence, Ponce, 508 F.3d at 771, as well as harassment
and intimidation posted online and made away from campus.
This now-
tragically common violence increases the importance of clarifying the school’s
authority to react to potential threats before violence erupts. See Morse, 551
U.S. at 408 (pressing that dangerous speech, such as speech advocating drug
use, is substantially different from the political speech at issue in Tinker,
because it presents a “far more serious and palpable” danger than an
“undifferentiated fear or apprehension of disturbance” or “a mere desire to
avoid the discomfort and unpleasantness that always accompany an unpopular
viewpoint” (citation and internal quotation marks omitted)); see also Ponce, 508
F.3d at 772 (“School administrators must be permitted to react quickly and
decisively to address a threat of physical violence . . . without worrying that
they will have to face years of litigation second-guessing their judgment as to
whether the threat posed a real risk of substantial disturbance.”).
In the light of these competing interests and increasing concerns
regarding school violence, it is necessary to establish the extent to which offcampus student speech may be restricted without offending the First
Amendment. Our holding concerns the paramount need for school officials to
be able to react quickly and efficiently to protect students and faculty from
threats, intimidation, and harassment intentionally directed at the school
community. See, e.g., Morse, 551 U.S. at 425 (Alito, J., concurring) (“[D]ue to
the special features of the school environment, school officials must have
greater authority to intervene before speech leads to violence.”); Lowery v.
Euverard, 497 F.3d 584, 596 (6th Cir. 2007) (“School officials have an
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