During the June 3 hearing, the judges threw a barrage of hypothetical questions at the lawyers, asking if it mattered whether the students intended to harm their targets or if the offending sites were accessed at school.
Chief Judge Theodore A. McKee suggested yet another response to the “buzz” among students about outrageous postings.
“Teachers might say this is a teachable moment,” McKee said. “Maybe in retrospect, that’s the best way to deal with it, to get the students talking about the hurtfulness of the conduct.”
The court did not indicate when it would rule.
3rd U.S. Circuit Court of Appeals
American Civil Liberties Union
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