A recent, little-noticed federal court decision posits that New Jersey’s anti-bullying statute is vulnerable to First Amendment challenges, based on the U.S. Supreme Court’s latest pronouncements.
R.H. v. Sayreville Bd. of Educ. (D.N.J. 2023) involved an eighth-grade student who was disciplined for committing an “HIB” (an act of harassment, intimidation or bullying) after posting an offensive message on social media. In a decision issued on May 12, the court allowed the student’s free-speech claims to move forward, relying on the U.S. Supreme Court’s 2021 decision in favor of a cheerleader disciplined for posting vulgar messages about her school.
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