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YOUNGSTOWN -- The mother of a graduating Liberty High School senior, who has been barred from participating in today's commencement ceremony because of an alleged social media threat, has filed a federal lawsuit asking a U.S. District Court judge to overturn the sanction.
A hearing on the mother's request for an emergency temporary restraining order will take place via Zoom conference at 9 a.m. today before federal Judge Benita Y. Pearson.
The lawsuit a Virginia Trail woman filed by herself on behalf of her 17-year-old child "P.H." charges that the student's 1st, 4th and 14th Amendment rights were violated.
The lawsuit said the senior was notified May 13 of being suspended for 10 school days, barring him from participating in the May 14 senior prom, the May 21 senior trip to Cedar Point, the May 24 senior breakfast and awards ceremony, and his high school graduation practice and ceremony, which is set for 7 p.m. today at Stambaugh Auditorium in Youngstown.
The lawsuit asks for immediate reinstatement that would allow for the teen to participate in graduation.
Liberty schools Superintendent Andrew J. Tommelleo in an email stated the filing of the federal legal action has not changed the district's stance on the matter.
The alleged threat stems from an April 30 Snapchat meeting involving a group of Liberty High seniors planning a senior-skip day breakfast at a Boardman restaurant. The lawsuit states that "P.H." and another student got into an argument that devolved into online threats.
In response to a posting about guns and derogatory comments about his mother, "P.H." replied: "Bro I'll kill you" and then made a threat to the other student's family.
The alleged threat was removed by the social media platform 24 hours after its posting.
The district's suspension of "P.H." from school for his out-of-school speech violates the 1st Amendment to the U.S. Constitution. His 1st Amendment rights also were violated by the school district's rules that are "overbroad and constitute viewpoint discrimination," the suit alleges. The vagueness of the district's rules also violated the due process clause of the 14th Amendment, the lawsuit alleges.