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J. S. v. Bethlehem Area School District

794 A.2d 936 (2002)

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J. S. v. Bethlehem Area School District

Pennsylvania Commonwealth Court
794 A.2d 936 (2002)

DD

Facts

J. S. (plaintiff) was an eighth-grade student in the Bethlehem Area School District (the school district) (defendant). J. S. created a website entitled Teacher Sux on his home computer. The website contained derogatory and threatening comments about J. S.’s teacher, Mrs. Fulmer, and J. S.’s principal, Mr. Kartsotis. As a result of the website, the Bethlehem Area School Board (the school board) conducted disciplinary hearings. Mrs. Fulmer and Mr. Kartsotis testified at the hearings, and J. S. was given an opportunity to cross-examine them. After the hearings, the school board voted to permanently expel J. S. The decision was upheld by the Pennsylvania Supreme Court. J. S. filed a separate state court action for money damages, alleging that the school district violated his First Amendment rights. The trial court dismissed this action on the grounds of collateral estoppel. J. S. appealed.

Rule of Law

Issue

Holding and Reasoning (Jiuliante, J.)

Dissent (Friedman, J.)

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