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
First Amendment
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
PA Supreme Court Overturns Case of PennDOT Employee Who Made Threatening Facebook Post
In Rachel L. Carr v. PennDOT and Pa. State Civil Commission, 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. In cases surrounding the termination or discipline of a public employee for their … [Read more...] about PA Supreme Court Overturns Case of PennDOT Employee Who Made Threatening Facebook Post
Is It Constitutional for a School to Discipline Student Athletes Who Take a Knee in Protest?
Kneeling during the national anthem in protest of racial injustice in America started in professional sports in 2016, when San Francisco 49ers former quarterback Colin Kaepernick began to kneel during the national anthem in protest of police treatment of black Americans. The protests were met with virulent criticism; calling his actions unpatriotic and disrespectful to the military and veterans. … [Read more...] about Is It Constitutional for a School to Discipline Student Athletes Who Take a Knee in Protest?
Third Circuit Tells Schools Hands Off Students’ Off-Campus Speech
In a controversial June 30, 2020 decision, the three judges of the Third Circuit re-interpreted the reach of public schools’ power to regulate, or to discipline students for, off-campus speech posted online. The result of this decision is that within Pennsylvania, New Jersey and Delaware, the states in the Third Circuit, students’ off-campus speech, even if crude, offensive, or puerile, is … [Read more...] about Third Circuit Tells Schools Hands Off Students’ Off-Campus Speech
