Remember that federal lawsuit a former Hannibal High School student filed against the school district?
Dylan Mardis, identified in the lawsuit as DJM, alleged that the school district infringed on his First Amendment rights when it suspended him for threats he allegedly made against his classmates in an online chat with a friend. The U.S. District Court for the Eastern District of Missouri, and eventually the U.S. Court of Appeals for the Eighth Circuit, sided with the school district, and the case was dismissed in Monroe County circuit court shortly thereafter at the request of Mardis’ attorney, Branson L. Wood III of Hannibal.
Education law experts across the country, including the Student Press Law Center in Arlington, Va., kept an eye on this case because of its implications for off-campus student expression.
SPLC included DJM v. Hannibal School District in a recent review of off-campus student expression cases. These sorts of cases are important, the center says, because the Supreme Court has been asked to hear four off-campus speech cases this term, which could thrust this category of student expression further into the limelight (disclosure: the author of the blog post linked here is a friend).
DJM v. Hannibal School District isn’t among the cases that have been forwarded to the Supreme Court, and its dismissal at the circuit court level in Missouri seems to indicate that the case is closed (Judge Rachel Bringer’s words in the Case.net file). Further, SPLC’s executive director told me back in May that since this case revolves around alleged threats, which aren’t protected under the First Amendment, it’s not a good test case for the Supreme Court to use in deciding how to treat off-campus speech. However, that doesn’t automatically preclude the Mardis family and their attorney from appealing the case to the Supreme Court — and if the high court does take any off-campus speech cases this term, that certainly could muddy the waters.
Stay tuned.


