Leave it to someone from El Paso, Texas to claim that communicating written threats of violence are protected by the First Amendment. The 5th Circuit Court of Appeals however feels quite differently.

Using Morse v. Frederick, the most recent case of student speech and its limitations, the 5th Circuit conclude that Morse allows school administrators to apply zero-tolerance rules to threats of violence and potentially other subjects of student speech. What exactly did Enrique Ponce, a Montwood High School sophomore, write in his diary? Well, Ponce described creating a pseudo-Nazi group, committing several incidents of violence against homosexual and “colored” students and planning Columbine-type shootings at several schools. The plan, which according to the diary, was fomented by Ponce’s anger which would “get to the point where [he] will no longer have control,” would be carried out on a graduation day several years later.

Wow! This is even more interesting because we assume that Ponce himself is a “minority,” and being from the El Paso area it would be safe to say that he is either Mexican-American or Chicano, so presumably these two “minority” statuses would not be covered in his diatribe of violence toward other minorities. Interesting! Anyhow, Ponce’s plan was unveiled when he told another student about his writings and supposedly showed the diary to this undisclosed snitch (another reason why one should never confide in strangers). The snitch then reported Ponce to their teacher, and, well, here we are.

Incidentally, it was another great El Paso school, Jefferson High School, which produced the notorious Richard “the night stalker” Ramirez.

The First Amendment Center has more on this story.

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