CHILDREN AND THE LAW
...Delinquency Matters
......School-Related Issues
.........Freedom of Speech
6 Cards On This Topic:
  • Violent poem shown to fellow students did not constitute criminal threat within meaning of PC 422.
  • As threatening school officials or resisting peace O's lawful orders are not protected by the 1st Amendment, juvenile ct. properly found M violated EC 32210 and willfully disturbed a public school.
  • Student's web site message threatening another student b/c of his perceived sexual orientation was not protected by CCP 425.16 where lawsuit did not arise out of a statement made in connection with a “public issue.”
  • As "yell at me again and see what happens," spoken with clenched fists and threatening stance, constituted a criminal threat against teacher, minor's free speech rights were not infringed.
  • Though M's art class painting of himself shooting O, who cited him for drugs, was intemperate and showed very poor judgment, evidence didn't show he intended to convey criminal threat to O.
  • Student's angry remark to teacher did not constitute a felonious terrorist threat under Pen. Code §422; it was an emotional response to an accident rather than a death threat that induced sustained fear.