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Fister v. Minnesota New Country School - Significance

district court appellant ruling

Appellant

William Timothy Fister, guardian and parent on behalf of Mary Fister

Appellee

Minnesota New Country School

Appellant's Claim

That the Eighth District Court erred in its ruling for the appellee, and that the school had denied the student her First Amendment right to freedom of speech.

Circuit Judges

Pasco M. Bowman, Roger L. Wollman, Morris Sheppard Arnold

Place

Minneapolis, Minnesota

Date of Decision

11 May 1998

Decision

The court found that the disciplinary action taken by the school did not restrict the First Amendment rights of Mary Fister, and so upheld the ruling of the district court.

Related Cases

  • Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969).
  • Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988).

Further Readings

  • "Expelled for a Year for Posting a Letter," http://www.gac.edu/~mfister/.
  • Fister v. Minnesota New Country School, No. 97-2596, http://www.wulaw.wustl.edu/8th.cir/Opinions.

Additional Topics

Fister v. Minnesota New Country School - Significance

The case can be seen as a blow to the First Amendment rights of students in the ongoing battle over whether students have the same right to free speech as adults. But because the case involved not political expression, but personal comment about another student, its impact is likely to be limited. In August of 1995, Mary Fister was a 12-year-old student at the Minnesota New Country School, a chart…

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