First Circuit
Thomas v. Town of Chelmsford, No. 16-11689-PBS, 2017 WL 3159979, at *14-15 (D. Mass. July 25, 2017) (stating that “the case law is clear that the teachers’ harassment against a student in retaliation for reporting a sexual assault is impermissible retaliation in violation of the student’s First Amendment rights”).
Second Circuit
Johnson v. Perry, 859 F.3d 156, 176 (2d Cir. 2017) (stating that “the right not to be excluded, based on viewpoint differences or because of possible annoyance, from sports events to which the public was invited was clearly established”).
Eighth Circuit
Sagehorn v. Indep. Sch. Dist. No. 728, 122 F. Supp. 3d 842, 852 (D. Minn. 2015) (stating that “students have a clearly-established first amendment right to free speech both inside and outside a school setting, subject to a limited set of exceptions, several of which the individual defendants argue apply in this case”).
R.S. ex rel. S.S. v. Minnewaska Area Sch. Dist. No. 2149, 894 F. Supp. 2d 1128, 1141 (D. Minn. 2012) (“The facts alleged in Plaintiffs’ complaint place R.S.’s speech in the heartland of protected nonviolent and nondisruptive out-of-school speech. The Court concludes that a reasonable official would understand that punishing such speech would transgress R.S.’s right to free speech. As R.S.’s right to speak as alleged without school interference was clearly established, the Court will deny the school defendants’ motion for qualified immunity at this early stage.”).
Burnham v. Ianni, 119 F.3d 668, 677 (8th Cir. 1997) (“Here, of course, we have long established, binding precedent totally supportive of plaintiffs’ claims. The Supreme Court and this court have both clearly and directly spoken on the subject on numerous occasions and in years long prior to the 1992 censorship by Ianni.”).
Tenth Circuit
Seamons v. Snow, 84 F.3d 1226, 1238-39 (10th Cir. 1996) (holding that student’s reporting of sexual hazing was entitled to First Amendment protection, and school officials were not entitled to qualified immunity when they punished him by throwing him off the football team).