Caton and three times according to Stefany. Stefany had tried to turn in her science assignment either two or three times-two times according to Ms. After turning in the assignment, her students were permitted to leave the class to complete an extracurricular activity, which was writing a poem for the garden club. On that day, Stefany Shoemaker, a 13-year-old student at Oakdale Junior High School in Benton County, was in her eighth-grade science class with her teacher, Kathy Caton, who had given the students a science assignment to complete. This appeal stems from events which occurred on October 19, 1999.
We reverse the order of the trial court and dismiss. We agree that the statute impinges on the First Amendment as well as the Due Process Clause of the Fourteenth Amendment of the United States Constitution. § 6-17-106 (Repl.1999), which provides that it is a misdemeanor for any person to abuse or insult a public school teacher who is performing normal and regular or assigned school responsibilities. The appellant, Stefany Yvonne Shoemaker, contests the constitutionality of Ark.Code Ann.
