Stephanie Smith-Weatherton

Case Legal Brief #3

March 28, 2018

Kowalski v. Berkeley County Schools II

(Docket No. 10-1098)
(U.S. Ct. App. 4th)

Date Decided: July 27, 2011

Citation: 652 F.3d 565

Background of facts: Kara Kowalski, is a 12th grade female student who attends West Virginia
public high school (Musselman High School). Kowalski was suspended from school for 10 days
and also a 90-day social suspension for creating a MySpace webpage with the heading,
“S.A.S.H.” (Students against Sluts Herpes). The webpage was largely dedicated to bullying one
particular student.

Issues: School administrators came to the conclusion that Kowalski had created a “hate
website,” in violation of the school Student Code of Conduct policies against “harassment,
bullying and intimidation. Kowalski, felt as if her free speech and due process rights under the
First and Fourteenth Amendments were violated. She also contended that School District was
not justified because she created the webpage “outside of school”.

Decision: Affirmed-The court recognized that the U.S. Constitution protects free speech and
expression but Kowalski interfered with the rights that protected another student’s rights for a
safe educational environment. The summary judgment record de novo, and concluded the
circumstances of this case, the School District’s sanction was permissible. The internet was used
to target a classmate and this directly affected the school environment.

Majority Opinion: Affirmed by published opinion. Judge Niemeyer wrote the opinion, in which
Judge Duncan and Judge Agee joined.

Dissention: There were no dissenting opinions filed in this case.

Comments: I agree with the courts and the school district that Kowalski violated the Student
Code of Conduct by using Cyberbully techniques to humiliate another student. Although,
Kowalski created this webpage at home it did not violate her First Amendment or Fourteenth
Amendment rights because in the process she violated the right and safe education for another
student.

Sources:
http://caselaw.findlaw.com/us-4th-circuit/1575495.html