On November 17, 2021, the Pennsylvania Supreme Court concluded that when analyzing whether an expression by a student is a true threat, schools must utilize a subjective standard instead of the longstanding objective standard. This represents a substantial change from the previous test, which did not consider the speaker’s intent in determining whether the expression in question represented a true … [Read more...] about Pennsylvania Supreme Court Adds Yet Another Caution to Disciplining Student Speech
student speech
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
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
