Court rejects appeals in student speech cases

Headline Legal News

The U.S. Supreme Court has passed up a pair of cases for the online age — whether schools may censor students who are at home when they create online attacks against school officials and other students.

The justices on Tuesday rejected appeals from Pennsylvania and West Virginia involving questions about the limits on criticism from students and where the authority of school officials ends.

The high court decision left standing lower court rulings that two Pennsylvania students cannot be disciplined at school for parodies of their principals that they created on home computers and posted online.

In the West Virginia case, an appeals court upheld the suspension of a student who created a web page that suggested another student had a sexually transmitted disease, and invited classmates to comment.

Lawyers on both sides were disappointed the high court chose not to step into the fray over student speech posted online, as federal court judges have issued a broad range of opinions on the subject.

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USCIS Will Begin Accepting CW-1 Petitions for Fiscal Year 2019

On April 2, 2018, U.S. Citizenship and Immigration Services (USCIS) will begin accepting petitions under the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program subject to the fiscal year (FY) 2019 cap. Employers in the CNMI use the CW-1 program to employ foreign workers who are ineligible for other nonimmigrant worker categories. The cap for CW-1 visas for FY 2019 is 4,999.

For the FY 2019 cap, USCIS encourages employers to file a petition for a CW-1 nonimmigrant worker up to six months in advance of the proposed start date of employment and as early as possible within that timeframe. USCIS will reject a petition if it is filed more than six months in advance. An extension petition may request a start date of Oct. 1, 2018, even if that worker’s current status will not expire by that date.

Since USCIS expects to receive more petitions than the number of CW-1 visas available for FY 2019, USCIS may conduct a lottery to randomly select petitions and associated beneficiaries so that the cap is not exceeded. The lottery would give employers the fairest opportunity to request workers, particularly with the possibility of mail delays from the CNMI.

USCIS will count the total number of beneficiaries in the petitions received after 10 business days to determine if a lottery is needed. If the cap is met after those initial 10 days, a lottery may still need to be conducted with only the petitions received on the last day before the cap was met. USCIS will announce when the cap is met and whether a lottery has been conducted.

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