Kenny v. Wilson

Niya Kenny, several other current or former students (including some with disabilities), and Girls Rock Charleston (plaintiffs) sued under 42 U.S.C. § 1983, challenging South Carolina's Disturbing Schools and Disorderly Conduct laws as unconstitutionally vague, chilling of free speech, and discriminatorily enforced against minority and disabled students, citing incidents like a student filming a violent arrest or accusing an officer of racial profiling. The complaint alleged the statutes swept in ordinary juvenile behavior, funneled roughly 9,500 students annually into the juvenile justice system, and forced Girls Rock to divert resources defending its members at violation hearings. The district court dismissed for lack of standing, finding any fear of future arrest or prosecution too speculative to constitute an injury in fact; the plaintiffs appealed.