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First Amendment

Can a School Board Member Block a Critical Parent on Social Media? SCOTUS Agrees to Hear Case 

July 11, 2023 by Kathy Riess

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 

Filed Under: School Law Bullet Tagged With: First Amendment, social media

In The Court of First Amendment Law, Satan Club: 1, School District: 0

May 4, 2023 by Kathy Riess

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

Filed Under: School Law Bullet Tagged With: First Amendment, Satan Club, school district facilities

Right To Be Rude at Public Meetings Remains

March 30, 2023 by Kathy Riess

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

Filed Under: School Law Bullet, Uncategorized Tagged With: Barron v. Kolenda, First Amendment, Pennsbury School District, public meetings

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 19, 2022 by Kathy Riess

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  

Filed Under: KingSpry Blog, School Law Bullet Tagged With: board meetings, board policies, First Amendment, Pennsbury, public comments

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

June 24, 2021 by Kathy Riess

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

Filed Under: KingSpry Blog, School Law Bullet Tagged With: campus speech, First Amendment, Mahanoy cheerleader, SCOTUS, student speech, Tinker test

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

April 28, 2021 by Kathy Riess

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

Filed Under: KingSpry Blog, School Law Bullet Tagged With: BL v Mahanoy, disruption, First Amendment, student speech, Tinker

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From Our Articles

Increased Protections Expected for Students in Pennsylvania School District Residency Disputes

November 28, 2023

On November 13, 2023, the Pennsylvania House of Representatives unanimously passed House Bill No. 663. 

Recent Case Strengthens 24 Hour Rule Under Sunshine Law 

November 14, 2023

On November 8, 2023, Pennsylvania’s Commonwealth Court, in Coleman v. Parkland School District, held that

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