Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- we would not expect orders granting certiorari today.

Blue Mountain School District. v. J.S.

Petition for certiorari denied on January 17, 2012
Docket No. Op. Below Argument Opinion Vote Author Term
11-502 3d Cir. N/A N/A N/A N/A OT 2011

Disclosure: John Elwood, a regular contributor to this blog, serves as counsel to the petitioner to this case but is not involved in the selection of cases for the “Petition of the day” feature.

Issue: (1) Whether and how the Supreme Court’s decision in Tinker v. Des Moines Independent Community School District (1969) applies to online student speech that originates off campus and targets a member of the school community; and (2) whether and how the Court’s decision in Bethel School District No. 403 v. Fraser (1986) applies to lewd and vulgar online student speech that originates off campus and targets a member of the school community.

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