California Court of Appeal

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In re J.C., C075043

Order of the juvenile court declaring the minor, J.C., a ward of the court is affirmed where: 1) the Supreme Court in Braxton v. Municipal Court narrowly interpreted the Education Code section 32210 to avoid the penalization of free speech and keep the statute within constitutional limits, such that "willful disruption of of the orderly operation of campus" would apply in limited situations including those involving overt acts of violence or illegal conduct; and 2) as the minor's conduct in resisting a peace officer and threatening school officials is not protected by the First Amendment, Education Code section 32210 may be constitutionally applied.

Appellate Information

  • Decided 08/19/2014
  • Published 08/19/2014

Judges

  • ROBIE

Court

  • California Court of Appeal

Counsel