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· 2/29/2024

Cielo Vivienda LLC v. Rivera Rodriguez, Jose

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating that the Court should not attempt to resolve issues of fact, but rather \assess whether there are any factual issues to be tried\
  • stating that the Court should not attempt to resolve issues of fact, but rather \assess whether there are any factual issues to be tried\
  • explaining that the Tinker “test is an objective one, focusing on the reasonableness of the school administration’s response, not on the intent of the student”
  • holding disruption was reasonably forecast when student turned in an assignment stating “blow up the school with the teachers in it” even though student did not have capacity to carry out the threat and argued that the statement was a joke
  • affirming district court’s finding that student's suspension for writing that his wish was “to blow up the school with the teachers in it” did not violate the First Amendment
  • offending student’s disciplinary history and other students’ reaction to the speech relevant to foreseeability

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.