48) The brothers also testified that the other student's post was the cause of the disruption at LSNHS (49) Next, the Wilsons alleged that the alternative school, SRA, was not an acceptable option because it did not offer challenging courses, such as ACT or honors courses, and because it did not provide an opportunity to earn college band scholarships.
The district court granted the Wilsons' motion for a preliminary injunction, thereby staying the brothers' suspensions and allowing them to return to LSNHS as of April 9, 2012.
171) Under these standards, the court announced that Tinker would apply to the Wilsons' speech, regardless of the dispute over where it originated, because the speech was targeted at LSNHS.
180) The court also pointed out that the injunction came too late to allow the Wilsons into honors courses at LSNHS, such that the loss of honors courses would have occurred regardless of the issuance or non-issuance of the injunction.
What if the Wilsons' blog had been even more offensive and hurtful to students at LSNHS but the brothers had conducted their activities in a more secretive way so as to make it not reasonably foreseeable that their words would reach the school?
The District's computer records also indicate that one of the computers at LSNHS was used to upload files to the website on December 13, 2011.