Weedsport Central School District v. Wisniewski [1]

Aaron Wisniewski, an eighth grader, sent instant messages to several of his friends using his home computer. The instant messages contained a "buddy icon" that Aaron had designed, which was a picture of a pistol firing at a man's head with the words "Kill Mr. VanderMolen." Philip VanderMolen was one of Aaron's teachers at his school.

Upon learning about the buddy icon, school officials initially supsended Aaron for 5 days, but the punishment was extended to a full semester after a Superintendent's hearing took place. The school also barred Aaron from participating in extracurricular activities during this time period.

Aaron and his parents sued the school district and superintendent in federal court in New York, alleging that the suspension violated his First Amendment rights. The district court granted [2] the school district's motion for summary judgment, ruling that the icon constituted a true threat, which is not protected by the First Amendment. On appeal, the 2nd Circuit affirmed [3].