First Amendment Archives - King, Spry, Herman, Freud & Faul, LLC
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Posts Tagged ‘First Amendment’

Pennsbury School District Settles a Lawsuit for $300,000 Brought By Four Residents Who Challenged School Board Policies Restricting Public Comment Speech at Board Meetings  

July 19th, 2022

Following the filing of a lawsuit by four residents accusing the Pennsbury School Board of curtailing public comments and enforcing unconstitutional free speech policies at Board meetings, the Pennsbury School District agrees to pay a $300,000 lawsuit settlement.

SCOTUS Lets Mahanoy Cheerleader Vent, Confirms Schools Need to Weigh Off Campus Speech Case by Case

June 24th, 2021

In an 8-1 majority opinion, the Supreme Court ruled in Mahanoy Area School District v. B.L. that a Pennsylvania high school violated a student’s First Amendment rights when the school suspended her from the cheerleading squad after posting profane language and gestures on her social media account

Disappointment or Disruption? SCOTUS Hears Oral Arguments in BL v Mahanoy Area School District

April 28th, 2021

The Supreme Court heard argument today following the school district’s appeal from the Third Circuit’s decision that Tinker could not be applied to off campus speech.

PA Supreme Court Overturns Case of PennDOT Employee Who Made Threatening Facebook Post

November 23rd, 2020

The Pennsylvania Supreme Court recently overturned a Commonwealth Court’s decision that held a probationary PennDOT employee’s First Amendment rights to free speech were violated when PennDOT fired her for a post on Facebook about school bus drivers.

Is It Constitutional for a School to Discipline Student Athletes Who Take a Knee in Protest?

October 16th, 2020

The First Amendment right to free speech is rooted in our constitution, providing an individual with the freedom to express their opinions and ideas without censorship or legal repercussions. Schools are now looking for guidance on how to respond and handle a situation where a student is kneeling before the national anthem without violating any constitutional rights.

Third Circuit Tells Schools Hands Off Students’ Off-Campus Speech

July 8th, 2020

Does the B.L. decision mean that schools must tolerate crude, profane, offensive language? If the language does not occur in the school environment or under the school’s auspices, the answer in the Third Circuit may now be “yes.”