December 02, 2005

Tell-Tale Principale

by Armen

I'm a bit perplexed as news stories (see Bashman for sampling) are covering Judge Selna's ruling on a 12(b)(6) motion to dismiss in re C.N v. Wolf, et al, the case of an Orange County lesbian high school student suing the district and various officials for violations of her civil rights, state law violations, and invasion of her right to privacy. Specifically, the focus of these news items seems to be Plaintiff's allegation that the principal told her mom that she's lesbian. From Judge Selna's ruling, however, this strikes me as not the most troubling conduct. He writes:

However, as Plaintiffs point out, the Complaint states that C.N. and her girlfriend were dsiciplined for expressing affection towards each other on campus, where no rule existed prohibiting displays of affection, and where similar behavior by heterosexual couples was not subject to discipline. Further, the Complaint alleges that Wolf violated C.N.'s constitutional rights, for instance when he disclosed C.N.'s sexual orientation to her mother without prior discussion with C.N. Moreover, the Complaint alleges that Wolf violated C.N.'s First Amendment rights to free expression when he allegedly threatened to expel her and to have her arrested and her personal computer confiscated for an off-campus blog entry..
(citations omitted, emphasis added). Perhaps the media is focusing on this because Plaintiff's sixth cause of action is specific to the disclosure of her sexual orientation to her mom, but I'm selfishly concerned with the fascist censorship of blogging more than anything else.

December 2, 2005 07:16 PM | TrackBack
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