While social media can be an effective and efficient tool to communicate with parents and other stakeholders, its role in public education has come under scrutiny in recent years and has even landed some school districts in the middle of lawsuits. One lawsuit likely to shed some light on what school board members can and cannot do when using their social media accounts is O’Connor-Ratcliff v. … [Read more...] about Can a School Board Member Block a Critical Parent on Social Media? SCOTUS Agrees to Hear Case
First Amendment
In The Court of First Amendment Law, Satan Club: 1, School District: 0
A U.S. District Court has granted preliminary injunction permitting the Satan Club to use a school district’s facilities. What are the central issues and how should school districts handle these questions in light of the recent trend for courts to find in favor of free speech? On May 1, 2023, U.S. District Court Judge John M. Gallagher ordered Saucon Valley School District to permit the … [Read more...] about In The Court of First Amendment Law, Satan Club: 1, School District: 0
Right To Be Rude at Public Meetings Remains
On March 19, 2023, the Sunday New York Times featured a story on the recent Massachusetts Supreme Court decision that reaffirmed what constitutes appropriate commentary when it upheld an individual’s right to be rude at public meetings. The Case This decision follows the case of Barron v. Kolenda, brought about by Southborough, Massachusetts resident, Louise Barron (“Barron”). In December … [Read more...] about Right To Be Rude at Public Meetings Remains
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
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. The First Amendment of the U.S. Constitution guarantees the right to freedom of speech and allows individuals to express themselves … [Read more...] about 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
SCOTUS Lets Mahanoy Cheerleader Vent, Confirms Schools Need to Weigh Off Campus Speech Case by Case
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. Background on the case and our article on the case’s oral argument can be found here. “Bright … [Read more...] about SCOTUS Lets Mahanoy Cheerleader Vent, Confirms Schools Need to Weigh Off Campus Speech Case by Case
Disappointment or Disruption? SCOTUS Hears Oral Arguments in BL v Mahanoy Area School District
Will Tinker survive social media? This morning, April 28, 2021, The Supreme Court of the United States heard oral arguments regarding Mahanoy Area School District v. B.L., a case about whether a school can regulate students’ off-campus speech. B.L., a female junior, former varsity cheerleader, posted a picture to her Snapchat account with her middle finger raised and numerous obscenities … [Read more...] about Disappointment or Disruption? SCOTUS Hears Oral Arguments in BL v Mahanoy Area School District
