Obama's nominee for the Supreme Court, Judge Sonia Sotomayor, sided against a student in the infamous “douche bag” case, and that has upset some free-speech advocates. In August 2007, Sotomayor sat on a panel that ruled against an appeal in Doninger v. Niehoff.
Avery Doninger was disqualified from running for school government at Lewis S. Mills High School in Burlington, CT after she posted something on her blog, referring to the superintendent and other officials as "douche bags" because they canceled a battle of the bands she had helped to organize.
The case went to court and in March 2008, Sotomayor was on a panel that heard Doninger’s mother’s appeal alleging her daughter’s free speech and other rights were violated.
Sotomayor joined two other judges from the 2nd Circuit in ruling that the student’s off-campus blog remarks created a “foreseeable risk of substantial disruption” at the student’s high school and that the teenager was not entitled to a preliminary injunction reversing a disciplinary action against her.
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