Court rules for expelled student over memes deemed a threat

HARRISBURG, PA. » District administrators overreached when they permanently expelled a 17-yearold high school student for sending Snapchat messages after school hours that referred to another student as a potential school shooter, the Pennsylvania Supreme Court ruled Wednesday.

The justices said such communications must be analyzed in context and the primary focus should be the speaker’s intent.

The Manheim Township School District high school junior, identified as J.S. in court records, was suspended and then expelled over a series of messages sent to a friend in April 2018. The messages ridiculed a third student, saying he looked like a school shooter because he had long hair and wore Tshirts bearing the name of death metal band Cannibal

Corpse.

The second student briefly shared J.S.’s Snapchat memes with a group of 20-40 other students before taking them down at the request of J.S. But a recipient told his parent, a district employee, who in turn notified the principal. Police determined there was no threat to school safety and administrators notified parents and teachers about the incident.

J.S. told school officials he was joking and intended the online conversation to remain private, but was nonetheless kicked out of school. A county judge overturned the expulsion and J.S. also won a Commonwealth Court decision.

“Of course we don’t want people making false threats, but that isn’t want happened,” J.S.’s lawyer, Lorrie McKinley, said Wednesday. “They tried to make this about something that it wasn’t.”