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J.S. v. Bethlehem Area School District

School district did not violates student's right to free speech by expelling him for creating web site with derogatory and violent messages about teacher and principal, where evidence indicated that web site materially and substantially interfered with educational process.

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The full case caption appears at the end of this opinion.

J.S. (Student), a minor by and through his parents and naturalguardians, H.S. and I.S. (Parents) (collectively, Appellants), appeal from the July23, 1999 order of the Court of Common Pleas of Northampton County (trial court)that affirmed the decision of the Bethlehem Area School District (School District)to permanently expel J.S. from its schools. For the reasons that follow, we affirm.In May of 1998, Student was in the eighth grade at NitschmannMiddle School, which is located within the School District. Sometime prior toMay, Student created a web-site on his home computer and on his own time. Theweb-site, titled “Teacher Sux,” consisted of several web pages that madederogatory comments about Student’s algebra teacher, Mrs. Fulmer, andNitschmann Principal, Mr. Kartsotis. [FOOTNOTE 1]

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