Federal Judge Rules College Violated Student's First Amendment Rights

2 min readSources: Volokh Conspiracy

Judge Dawson ruled that suspending a student over speech violated First Amendment rights.

Why it matters: The decision clarifies legal limits on disciplining students for online speech, guiding education law professionals on free speech protections within colleges.

  • On August 10, 2026, Judge Joseph Dawson III ruled in favor of student Leigha Lemoine.
  • Lemoine was suspended for a social media comment and a year-old shooting range video.
  • Court found Horry Georgetown Technical College's actions unconstitutional retaliation.
  • Judge emphasized that all students’ First Amendment rights must be upheld.

On August 10, 2026, Judge Joseph Dawson III of the U.S. District Court for the District of South Carolina issued a significant ruling protecting student speech rights. The court found that Horry Georgetown Technical College violated student Leigha Lemoine’s First Amendment rights by suspending her.

Lemoine’s suspension stemmed from two separate incidents: a social media comment where she responded to an insult with the phrase "needa get blasted," and a video she had posted a year earlier showing her at a shooting range. Judge Dawson concluded that the college’s disciplinary actions amounted to unconstitutional retaliation against her protected speech.

In his opinion, Judge Dawson stated that “defendants must ensure that all students’ First Amendment rights are upheld.” This ruling adds to a series of recent federal court cases emphasizing the protection of free expression in educational settings.

Similar legal precedents include De Montebello v. University of Massachusetts Amherst from February 2026 where a student’s suspension for organizing a peaceful protest was overturned, and Christensen v. Ohio State University in January 2026, where expulsion for political videos was ruled likely unconstitutional.

These decisions collectively reinforce judicial scrutiny over institutional disciplinary measures that restrict student expression, underscoring their constitutional protections even in disciplinary contexts.

By the numbers:

  • August 10, 2026 — Date of Judge Dawson’s ruling
  • 1 — Year gap between social media comment and shooting range video posted by Lemoine