In fact, there was a fatal shooting at a school in the school district. See Joseph McDermott, Upper Perkiomen Sophomore Shot to Death in Teen Classroom Tells Police Taunts Led to Plan to Kill Classmate, The Morning Call (May 25, 1993), articles.mcall.com/1993-05-25/news/2916043_1_michael-swann-upper-perkiomen-high-school-jason-michael-michael. A.N. testified that as a common practice for maintaining anonymity, he systematically deleted all recordings of everything he had posted on the Instagram upperperkiscool page. December 4, 2016, around 8:00 p.m.m. Clock, A.N. used his personal device and his family`s private network to post the mash-up anonymously on the Instagram upperperkiscool page. (Pl. es Word. Defs. Or 6.) The complainant titled the mash-up: “See you next year, if you`re still alive.” (Defs.) Or 5.) A state police officer called Dr. Carpenter and left a voicemail .m around 2 a.m.
about a message that a threat had been made against the school district on an anonymous Instagram account. (Defs.) Word. 9.) Within minutes, Dr. Carpenter returned the officer`s call, and the officer sent a screenshot of the Instagram account to Dr. Carpenter. (Prelim. Inj. Hr`g Tr. 122:1-124:19.) Dr. Carpenter informed Dr. McGloin.
(Defs.) Mm. 3.) During this time, Dr. Carpenter discovered S.N.`s e-mail in his e-mail account. Dr. Carpenter and others used their database to identify the student in the upperperkiscool profile picture. According to the complainant, he and two of his friends set up a private account on Instagram and called the account “upperperkiscool”. (Prelim. Inj.
Hr`g Tr. 20:11-21:11.) The complainants characterized the account as a “vigilant” group to “please” others. (Prelim. Inj. Hr`g Tr. 22:22-23:12.) He did not use his real name and used a photo of an unknown child as a profile picture because he wanted his messages to remain anonymous from the private Instagram page. (Prelim. Inj. Hr`g Tr.
24:23-25:7.) The private group Instagram`s followers were mostly students from the school district. (Defs.) Mm. 3.) J.M., a parent of another student in the school district, testified that his child showed him a screenshot of the article that said, “See you tomorrow.” I .M. said the screenshot of the article was “alarming” and that she called the Pennsylvania State Police after watching the screenshot around 8:30 p.m. .m. (Prelim. Inj. Hr`g Tr. 112:12-113:19.) She said state police arrived at her home around midnight. J.M`s child showed the state police a separate screenshot of the N.A.A. post that said, “See you next year, if you`re still alive.” (Prelim. Inj.
Hr`g Tr. 115:25-118:7.) . The First Amendment protects “adult public discourse. Bethel Sch. Dist. Nr. 403 v. Fraser , 478 U.S. 675, 682, 106 S.C. 3159, 92 L.Ed.2d 549 (1986).
However, the Supreme Court held that “the constitutional rights of students in public schools are not automatically co-extensive with adult rights in other environments.” Id. (citing New Jersey v. T.L.O., 469 U.S. 325, 340-42, 105 P.C. 733, 83 L.Ed.2d 720 (1985) ]. While a student`s rights are not completely suppressed in the First Amendment at school, a student`s ability to exercise his or her school rights must be considered “in light of the particular characteristics of the school environment.” J.S. ex rel. Snyder v. Blue Mountain Sch. Dist., 650 F.3d 915, 926 (3d Cir.
2011) (quote Tinker v. Monks Indep. Mr. Cmty. I did it. , 393 U.S. 503, 506, 89 P.C. 733, 21 L.Ed.2d 731 (1969) (internal courts omitted). It is not clear whether a student`s school speech is analyzed in the same way as a student`s extracurricular speech. The Supreme Court never applied Tinker directly to a student`s off-campus speech. Burge ex rel.
Burge v. Colton Sch. Dist. 53 , 100 F.Supp.3d 1057, 1062 (D. Or 2015). However, most circuits have. In Snyder, the Third Circuit found tinker to apply without a decision for a student`s speech off campus.