Norris v. Cape Elizabeth School District, No. 19-2167 (1st Cir. 2020)
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The First Circuit held that the district court did not abuse its discretion in granting a preliminary injunction prohibiting Defendants - Maine's Cape Elizabeth School District and officials of Cape Elizabeth High School - from suspending A.M., a student at the high school, holding that the district court did not abuse its discretion in issuing the preliminary injunction.
A.M. anonymously posted a sticky note on a mirror at the high school girls' bathroom stating, "There's a rapist in our school and you know who it is." Defendants determined that the note constituted bullying under the school's policies and imposed a three-day suspension on A.M. Through her mother, A.M. filed a complaint requesting that the district court enjoin Defendants from suspending her, arguing, among other things, that the suspension violated her right to free expression under the First Amendment. A.M. also moved for a preliminary injunction. The district court granted a preliminary injunction based on A.M.'s First Amendment claim. The First Circuit affirmed, holding that A.M. showed a likelihood of success in demonstrating that her sticky note was constitutionally protected speech.
The court issued a subsequent related opinion or order on August 7, 2020.
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