First published on April 7, 2009, on the Wait
a Second! Website and reprinted with express permission of Stephen
Bergstein, Esq. partner with the firm Bergstein
& Ullrich, LLP.
The students at a high school in Yonkers
walked out of the building in protest over budget cuts. When the administration
subjected the students to discipline (5 day suspension), their attorney filed
an order to show cause because the punishment did not fit the crime. After a
hearing, the district court found that the students had a likelihood of success
on the merits of their First Amendment claim that the suspension would
constitute irreparable harm. The kids were spared further suspension.
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