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Doninger to file libel suit against former principal in wake of free speech case


© 2008 Student Press Law Center

July 31, 2008

CONNECTICUT — The mother of a student who was punished last year for calling her administrators "douchebags" online said her family will file a lawsuit against the school's principal for libel.

Lauren Doninger, mother of Avery Doninger, said she plans to file the lawsuit next month against Lewis S. Mills High School Principal Karissa Niehoff.

Problems between the Doningers and the Burlington, Conn., high school began when administrators discovered Avery Doninger had referred to them using offensive slang in her online journal. She was writing about a battle-of-the-bands concert she believed would be canceled due to "douchebags in central office," and she encouraged those reading her blog to voice discontent by contacting the superintendent to "piss her off more."

As a result of her blog entry, school officials removed her as class secretary, prompting the Doningers to file a lawsuit claiming free speech violations. A federal judge and then an appeals court rejected an initial part of the claim in May, ending Avery Doninger's hope of being reinstated as secretary before graduation. The remaining First Amendment claims are pending.

The media attention surrounding the case has encouraged many individuals to weigh in on the merits of Avery Doninger's punishment, including a man from Wisconsin who e-mailed Niehoff about the case.

Niehoff wrote in reply that prior to the online journal incident, "Avery had repeatedly been warned by her advisor to stop calling the student council advisor and members names during her junior class meetings. Thus, this was not the first incident of its kind with Avery." The man forwarded the correspondence to Lauren Doninger.

The Doningers dispute Niehoff's assertion.

"She said things to perfect strangers about a 16-year old that just aren't true," Lauren Doninger said. "And that's just intolerable to me."

Avery Doninger agreed.

"Before this happened, I had always had a good relationship with Ms. Niehoff," she said. "For her to go ahead and tell people all these lies about me is just upsetting."

Messages left for Niehoff were not returned Wednesday or Thursday.

Lauren Doninger contacted the superintendent after she learned about the remarks, and Newsday reported Niehoff received two days of unpaid suspension for the incident.

When Doninger requested the rest of Niehoff's e-mails related to Avery Doninger using the Freedom of Information Act, she said she found another breach of her daughter's privacy from last July, which she said she believes represents a pattern.

Said Doninger, "I think the irony is so rich. She made ill-considered remarks and sent them out to cyberspace, and they came back to her. Just like Avery."
By Kelsey Beltramea, SPLC staff writer

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For More Information:
  • Appeals court won't reinstate Conn. student to class office during free-speech challenge News Flash, 5/30/2008

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