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the tattler lawsuit wiki

In 2005, the Ithaca City School District attempted to censor the Ithaca High School student newspaper, the Tattler, after the Tattler published editorials critical of principal Joe Wilson. The case is ongoing.

The 2nd Circuit's opinion in R.O. v. Ithaca (May 18, 2011)

June 2010: Three national journalism organizations file amicus brief in support of the Tattler! (June 17, 2010)

January 2010: Judge Mordue Rules Again for the Tattler! (Copy of opinion) Media: Cornell Daily Sun , Ithaca Journal

March 2009: Judge Mordue Rules for the Tattler! (Copy of summary judgment). Media: Ithaca Journal, The Ithacan, Ithaca Times, Cornell Daily Sun

Media Coverage of The Tattler (2004 - present)

Legal Stuff

• The Complaint (PDF) (June 2005)
• Schlather's brief overview of the legal background of the case (PDF)
• The Student Press Law Center's take on our case (PDF)

• Discovery (2006)
  • Depositions (October 2006 - January 2007)
  • ICSD emails and documents!
  • Andrew's email commenting on first set of received ICSD emails
  • How the Guidelines came into being
• ICSD Motion for Summary Judgment (April 13, 2007)
  • ICSD's statement of material facts (PDF)
  • ICSD's memorandum of law (PDF)
  • Discussion of ICSD Statement of Material Facts
  • Corroboration of ICSD Statement of Material Facts
• Plaintiffs' Response to ICSD Motion for Summary Judgment (May 21, 2007)
  • Statement of material facts (PDF)
  • Memorandum of law (PDF)
• ICSD Surresponse to Motion for Summary Judgment (May 29, 2007)
• ICSD requests that Supreme Court's 'Bong Hits 4 Jesus' ruling be considered (July 9, 2007) (PDF) (Request approved by Judge Mordue)
• Plaintiffs' response to "Bong Hits" (July 9, 2007) (PDF)
• Judge Mordue's Ruling on ICSD Motion for Summary Judgment (March 24, 2009) (PDF)
• Our appeal of the summary judgment:
  • We request permission to appeal to the 2nd Circuit (June 12, 2009) (PDF)
  • Judge Mordue requests arguments from both sides (June 18, 2009) (PDF)
  • Our memorandum of law (July 20, 2009) (PDF)
  • Their memorandum of law, complete with strange attached evidence (September 25, 2009) (PDF)
  • Judge Mordue rules for us and gives us permission to appeal (January 26, 2010) (PDF)
• Three national journalism organizations file amicus brief in support of our appeal (June 2010) (PDF)
• The 2nd Circuit's opines in R.O. v. Ithaca (May 18, 2011) (PDF)

The Tattlers/Issues

• June 8, 2004 (The Issue)

• September 9, 2004 (centerspread)
• October 13, 2004 (centerspread)
• November 3, 2004 (centerspread)
• December 8, 2004 (centerspread)
• January 5, 2005 (centerspread)
• February 2, 2005 (centerspread)
• March 9, 2005 (The Issue) (centerspread)
• April 13, 2005 (The Issue) (centerspread)
• May 11, 2005 (The Issue) (centerspread)
• June 8, 2005 (centerspread) (senior supplement)

The Case

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
- - - - - - - - - - - - - - - - - - - - - - - - - - - - -

R.O., a Minor, by his parent and guardian JONATHAN
OCHSHORN; T.S., a Minor, by his parent and guardian
MARK E. SORRELLS; ANDREW M.H. ALEXANDER; HARRY T. STINSON;
L.F., a Minor, by her parent and guardian ELIZABETH A.
FATTARUSO; A.H., a Minor, by his parent and guardian
TERESA HALPERT DESCHANES; BRYAN ELLERBROCK; and P.P., a
Minor, by his parent and guardian RAMESH RAJ POKHAREL,

                      Plaintiffs,

        -against-                 Civil Case No.:

                                  5:05-CV-695 (NAM/GJD)

ITHACA CITY SCHOOL DISTRICT, JUDITH C. PASTEL,
Superintendent, in her official and individual capacities;
WILLIAM RUSSELL, Assistant Superintendent, in his official
and individual capacities; and JOSEPH WILSON, Ithaca High
School Principal, in his official and individual
capacities,

                      Defendants.

Our Attorneys

Ray Schlather and Diane Bruns of Ithaca's Schlather, Stumbar, Parks and Salk, with additional aid from the Student Press Law Center.