The First Amendment protects many important rights, including the right of assembly. Like other First Amendment rights, however, this right is not absolute. On June 8, 2017, the Second Circuit Court of Appeals decided a case about how far a public school can go in limiting one’s right of assembly.
JD WAS BULLIED IN SCHOOL
In Johnson v. Perry, decided by the Second Circuit Court of Appeals on June 8, 0217, the plaintiff Johnson’s daughter, “ JD,” wanted to play basketball for the school’s junior varsity team instead of the varsity team because she felt she was being treated unfairly and wanted more playing time. After the change, Perry, the school principal, repeatedly took JD out of her classes and tried to bully JD into staying on the varsity team. When JD’s parents found out Perry was bullying JD, they requested a meeting. The meeting turned out to be a screaming match between Johnson and Perry. A few days later, Johnson received an email from the school informing him that he was banned from the school premises, including sporting events both on and off campus, because he was considered a threat to the staff and students. Johnson brought a section 1983 action which allows lawsuits for violations of constitutional rights. The main issue in the case was whether Perry had violated Johnson’s First Amendment right of assembly.