# Mark Stephen Shanley, by Next Friend v. Northeast Independent School District, Bexar County, Texas, Etc.

> Court of Appeals for the Fifth Circuit · June 29, 1972 · 462 F.2d 960

URL: https://www.frixlaw.com/law-library/cases/9458372

## Case

- **Full name:** Mark Stephen SHANLEY, by Next Friend, Et Al., Plaintiffs-Appellants, v. NORTHEAST INDEPENDENT SCHOOL DISTRICT, BEXAR COUNTY, TEXAS, Etc., Et Al., Defendants-Appellees
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** June 29, 1972
- **Citations:** 462 F.2d 960
- **Precedential status:** Published
- **Opinion:** Concurrence by Clark
- **Judges:** Wisdom, Goldberg, Clark
- **Cited by:** 93 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9458372

## How later opinions describe it (automated extraction)

- holding that presumably protected student speech cannot be prohibited by the school unless there are “facts which might reasonably have led school authorities to forecast substantial disruption of or material interference with school activities”
- explaining that the parents filed the lawsuit in “objecti[on] to the school board’s bootstrap transmogrification into Super- Parent”
- holding school’s literature distribution policy was unconstitutional, in part due to lack of time period during which request had to be reviewed
- holding school’s suspension of students for their off- campus distribution of “underground” newspaper violated Tinker

## Opinion text

CLARK, Circuit Judge
(specially concurring) :
I concur in all of Judge Goldberg’s opinion except that portion of Part II holding that due process requires that school authorities not only provide a prompt administrative decisionmaking process for regulation of student expression, but also that they must create an administrative appellate mechanism as a part of such review process.
Although I agree that if school authorities provide for administrative appeals, such appeals must be prompt in decision and reasonable in procedure, I do not agree that such administrative appeal procedures are constitutionally bound to exist.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9458372. Public record. Not legal advice.