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

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.”