In J.S. v. Manheim Township School District, the Court developed this new true threat standard by reasoning that in order for schools to censor a student’s First Amendment right, it shall determine whether the student intended the communication to be a serious expression of an intent to inflict harm.
Posts Tagged ‘student speech’
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
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.
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.”