STATE
PITTSBURGH — A school district violated a student's First Amendment free-speech rights when it punished him for parodying his principal on an Internet site outside of school, a federal judge ruled.
U.S. District Judge Terrence McVerry said Hermitage School District in Mercer County failed to show then-senior Justin Layshock's parody profile of then-Hickory High School Principal Eric W. Trosch on MySpace.com substantially disrupted school operations.
"The school's right to maintain an environment conducive to learning does not trump Justin's First Amendment right to freedom of expression based on the evidentiary record in this case," McVerry ruled Tuesday.
Layshock had used his grandmother's computer in December 2005 to create the unflattering profile that said Trosch smoked marijuana and kept a keg of beer behind his desk.
The district suspended Layshock on Jan. 6, 2006, for 10 days, and sent him to an alternative program. He also was prohibited from attending his graduation ceremony, according to the American Civil Liberties Union.
McVerry had refused in January 2006 to order the school to let Layshock back. The district eventually let Layshock return to school and he graduated in 2006.
The ACLU sued the school district, Superintendent Karen Ionta, Trosch and co-principal Chris Gill on Layshock's behalf. On Tuesday, McVerry dismissed Ionta, Trosch and Gill from the case, but said a trial is necessary to determine compensatory damages.
In April, Trosch sued Layshock and three other former students in connection with alleged parody profiles on MySpace. That case is pending.
