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Home > Lafayette High School v. Glover

Lafayette High School v. Glover [1]

Submitted by DMLP Staff on Wed, 09/10/2008 - 22:21

Summary

Threat Type: 

Disciplinary Action

Date: 

12/06/2007

Status: 

Concluded

Location: 

Missouri

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Other
Logan Glover, a student at Lafayette High in Missouri, used a digital camera to take photos of his teacher during class, which despicts fellow classmates in the background smiling and giving thumbs-ups. He later posted those photos to his Facebook page.... read full description
Parties

Party Receiving Legal Threat: 

Logan Glover

Type of Party: 

School

Type of Party: 

Individual

Location of Party: 

  • Missouri

Location of Party: 

  • Missouri

Legal Counsel: 

Kenneth C. Brostron; Lawrence J. Wadsack (for Rockwood School District)

Legal Counsel: 

Mark Sableman (for Glover)
Description

Logan Glover, a student at Lafayette High in Missouri, used a digital camera to take photos of his teacher during class, which despicts fellow classmates in the background smiling and giving thumbs-ups. He later posted those photos to his Facebook page. The school suspended [2] him on December 7, 2007, for taking and posting the photos, claiming that he disrupted the school environment by calling on classmates to pose for the photograph, taking their minds away from schoolwork.

Glover and his parents unsuccessfully attempted to appeal the suspension to the principal of the school. His father later filed a lawsuit against the Rockwood School District and the principal, associate principal, and assistant principle of Lafayette on Logan's behalf, arguing that the suspension violated his son's First and Fourteenth Amendment rights. The complaint [3], which was heard the day before the end of Glover's suspension, cites the case of Tinker v. Des Moines Independent School District 393 U.S. 503 (1969), in which the U.S. Supreme Court held that students retain their First Amendment rights when attending school, to the extent that the exercize of those rights does not materially disrupt the educational process.

In their memorandum in opposition [4] to Glover's motion for temporary restraining order which would have allowed him to return to school, the defendants claimed that Glover was suspended for a breach of school policies in accordance with Missouri law, and that the Tinker decision does not protect Glover's conduct which, in the school's opinion, was disruptive.

After the court denied Glover's motion for a temporary restraining order, he moved to voluntarily dismiss the case, which the court granted [5] on August 19, 2008.

Related Links: 

  • Student Press Law Center: Sophomore suspended for posting photos taken in classroom sues district [6]
  • First Amendment Center: Mo. teen files free-speech suit in photo flap [7]
  • STL Today: School discipline over photos sparks free speech lawsuit [8] (photos can be viewed on this page)
Details

Web Site(s) Involved: 

FaceBook [9]

Content Type: 

  • Photo

Publication Medium: 

Social Network

Subject Area: 

  • Student Speech
Court Information & Documents

Jurisdiction: 

  • Missouri

Source of Law: 

  • United States
  • Missouri

Court Name: 

United States District Court, Eastern District of Missouri

Court Type: 

Federal

Case Number: 

4:07-cv-02044-RWS

Relevant Documents: 

PDF icon 2007-12-11-Complaint.pdf [10]
PDF icon 2007-12-07-Discipline Letter.pdf [11]
PDF icon 2007-12-11-Affidavit of John Shaughnessy.pdf [12]
PDF icon 2007-12-11-Defendants' Memorandum in Opposition to Plaintiffs' Motion for Temporary Restraining Order.pdf [13]
PDF icon 2008-08-19-Entry of Dismissal.pdf [14]
CMLP Information (Private)

CMLP Notes: 

Jill Button editing

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Source URL (modified on 08/20/2014 - 11:05pm): https://www.dmlp.org/threats/lafayette-high-school-v-glover

Links
[1] https://www.dmlp.org/threats/lafayette-high-school-v-glover
[2] https://www.dmlp.org/sites/citmedialaw.org/files/2007-12-07-Discipline%20Letter.pdf
[3] https://www.dmlp.org/sites/citmedialaw.org/files/2007-12-11-Complaint.pdf
[4] https://www.dmlp.org/sites/citmedialaw.org/files/2007-12-11-Defendants%27%20Memorandum%20in%20Opposition%20to%20Plaintiffs%27%20Motion%20for%20Temporary%20Restraining%20Order.pdf
[5] https://www.dmlp.org/sites/citmedialaw.org/files/2008-08-19-Entry%20of%20Dismissal.pdf
[6] http://www.splc.org/newsflash.asp?id=1662
[7] http://www.firstamendmentcenter.org/news.aspx?id=19463
[8] http://www.stltoday.com/stltoday/news/stories.nsf/education/story/5799DD323B01397E862573B10012D942?OpenDocument
[9] http://www.facebook.com
[10] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2007-12-11-Complaint.pdf
[11] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2007-12-07-Discipline%20Letter.pdf
[12] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2007-12-11-Affidavit%20of%20John%20Shaughnessy.pdf
[13] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2007-12-11-Defendants%27%20Memorandum%20in%20Opposition%20to%20Plaintiffs%27%20Motion%20for%20Temporary%20Restraining%20Order.pdf
[14] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-08-19-Entry%20of%20Dismissal.pdf