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Spreading a false rumor may not be helpful, but it is covered by the 1st Amendment. You don’t have to accept the ACLU‘s framing for it to be clear that school can’t suspend her for this.
Students get suspended for disruptive or harmful speech all the time, and the courts have upheld that decision across a broad swath of contexts. The judge's argument that this was "neither frivolous nor facetious" and "not disruptive of school discipline" is pretty weak.
Except that statistically she is probably ultimately correct. About 5% of men actually ARE rapists. Although I find her speech disruptive, the Judge probably ruled correctly. Engaging in 1st Amend protected Core Political Speech often times does cause some disruption.
If she had written "statistically, there is likely a rapist at this school," I'd have found that a perfectly reasonable thing to post, and also an opinion well within her rights to post. What she wrote was factually unsupportable.
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