Douglas D.: Difference between revisions

36 bytes removed ,  15 January 2012
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====Subject: [[:Category:Other|Other]]====
====Subject: [[:Category:Other|Other]]====


====Medium: [[:Category:Literature|Literature]] [[:Category:|Category:]] [[:Category:|Category:]]====
====Medium: [[:Category:Literature|Literature]]====
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'''Artist:''' Douglas D., a 13 year old student at Oconto County Public School.
'''Artist:''' Douglas D., a 13 year old student at Oconto County Public School.


'''Confronting Bodies:'''  
'''Confronting Bodies:''' Oconto County Police


'''Date of Action:''' October 1998
'''Date of Action:''' October 1998
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'''The Incident:''' The 8th grade teacher, known to her students as "Mrs. C." assigned her students a creative writing exercise.  She sent Douglas D. to complete the assignment in the hallway since he was being disruptive in the classroom.  Mrs. C. was upset by her student's composition and reported it to the assistant principal.   
'''The Incident:''' The 8th grade teacher, known to her students as "Mrs. C." assigned her students a creative writing exercise.  She sent Douglas D. to complete the assignment in the hallway since he was being disruptive in the classroom.  Mrs. C. was upset by her student's composition and reported it to the assistant principal.   


'''Results of Incident:''' Douglas D. later apologized and said that he did not intend the story as a threat.  He was given in-school suspension and then returned to a different English class. Then, on November 19, 1998, the police filed a delinquency petition against Douglas, alleging that by submitting a "death threat" to Mrs. C, Douglas had engaged in "abusive conduct under circumstances in which the conduct tends to cause a disturbance," thus violating the disorderly conduct statute. The circuit court ruled that Douglas D. was guilty of disorderly conduct. Accordingly, it ordered that he be placed on formal supervision for one year. Douglas D. appealed the ruling but the Court of Appeals maintained the circuit court’s decision. Douglas subsequently filed a petition to the Wisconsin Supreme Court.  Ultimately, in 2001, they determined his essay was not considered a true threat and therefore ruled that Douglas D.’s essay was protected under the First Amendment.  The court reversed the “disorderly conduct” conviction.
'''Results of Incident:''' Douglas D. later apologized and said that he did not intend the story as a threat.  He was given in-school suspension and then returned to a different English class. Then, on November 19, 1998, the police filed a delinquency petition against Douglas, alleging that by submitting a "death threat" to Mrs. C, Douglas had engaged in "abusive conduct under circumstances in which the conduct tends to cause a disturbance," thus violating the disorderly conduct statute. The circuit court ruled that Douglas D. was guilty of disorderly conduct. Accordingly, it ordered that he be placed on formal supervision for one year. Douglas D. appealed the ruling but the Court of Appeals maintained the circuit court’s decision. Douglas subsequently filed a petition to the Wisconsin Supreme Court.  Ultimately, in 2001, they determined his essay was not considered a true threat and therefore ruled that Douglas D.’s essay was protected under the First Amendment.  The court reversed the disorderly conduct conviction.


'''Source:''' Milwaukee Journal Sentinel Online, www.courts.state.wi.us/html/sc/99/99-1767.htm
'''Source:''' Milwaukee Journal Sentinel Online, www.courts.state.wi.us/html/sc/99/99-1767.htm
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