Denying yearbook photo not unconstitutional

[GT]

The court case concluded yesterday. The judge said it did not look good for the student

McAuliffe said he doesn?t believe any of the witnesses testified untruthfully, they just have different perceptions of the events. ?People perceive things differently and people remember things differently,?

http://www.theunionleader.com/articles_showa.html?article=51772

[KBCraig]

http://www.theunionleader.com/articles_showa.html?article=50844

In his order, McAuliffe noted that the yearbook student editors were vested with ?editorial discretion and they apparently made the controlling decision not to publish the photograph Blake originally submitted. Absent state action, the students? decision not to publish Blake?s chosen photograph . . . cannot be said to have violated Blake?s First Amendment rights.?

After establishing that the students are private citizens ? and not state actors like the school administrators ? McAuliffe wrote, ?In simple terms, the state has not, it seems, suppressed Blake?s speech; his fellow students have done so, for reasons they deemed appropriate in developing, editing, organizing, and publishing the yearbook. The First Amendment to the Constitution simply does not preclude such conduct by private citizens.?

I'm joining the thread late, being a new transplant from the FSP forums.

I also realize this was the ruling against an injunction, and not the March 8 hearing.

With that said... HUH? Does ANYone seriously believe the student editors made the choice of their own volition, with no outside influence? And the idea that they were acting as private citizens is ludicrous. Unpaid reserve police officers are "employed by", thus "employees of" their respective departments, which are liable for their employees' actions. Volunteer parent school bus or lunch room monitors are employed by, and thus employees of, their respective school districts, which are liable for their employees' actions. Student volunteers performing editorial duties for an official school publicatioin are employees of their school, which is responsible for their actions.

Unpaid status does not make one independent of the employer!

Kevin

[GT]

According to the local paper. The entire student editorial staff met with the school administration BEFORE they gave their depositions.

I don't realy care wether the kid wants to have a gun in the photo or a pet monkey.

The Londonderry School Board and administration have done everything possible to limit public input. They have been quoted as stating a position that then changes two weeks later. The biggest kick is that they are doing all of this with taxpayer money. None of them will say how much this thing is costing the town. I have multiple unanswered email to the superintendant.

[GT]

Case over. School Board wins.
http://www.thewmurchannel.com/news/4296616/detail.html