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Judge refuses to drop delinquency finding against Portage County teen

MADISON, WI (WTAQ) - A state appeals judge refused Wednesday to drop a delinquency finding against a central Wisconsin school student who degraded his teacher in a YouTube video. 

One of three judges on the Fourth District Appellate Court in Madison ruled that the video was protected speech under the First Amendment. 

However, the judge said the 15-year-old Portage County student named Kaleb remains delinquent on juvenile allegations of unlawfully using a computerized communication system, and disorderly conduct.

The boy's attorney argued that if the video is protected speech, the teen cannot be found guilty of anything. 

The appellate judge said the youngster spread his computerized message of degradation by telling friends about it.