You go girl!!!
A public high school was found to have violated the First Amendment when it suspended a student from her cheerleading team for using profane speech off campus.
Mahanoy Area Sch Dist v BL, No 20-255, ___ US ___ (June 23, 2021).
The U.S. Supreme Court has determined that Pennsylvania high school officials did not possess the jurisdiction to reprimand a student for her off-campus, profane Snapchat post, which was made out of frustration after not being selected for the varsity cheerleading squad.
The court ruled 8-1 that the social media post did not cause a substantial disruption under Tinker v. Des Moines Independent Community School District.
A female student at Mahanoy Area High School in Pennsylvania, who did not make the school’s varsity cheerleading team but was instead placed on the junior varsity team, expressed her frustration by posting two images on Snapchat while at a local store during the weekend.
One image included explicit language and gestures alongside general comments about cheerleading and school, although it did not specify the school by name.
The second image only contained the following text: “Love how me and [another student] get told we need a year of jv before we make varsity but tha[t] doesn’t matter to anyone else?”
The cheerleading coach and school administrators were made aware of B.L.’s posts and subsequently decided to suspend her from the team for a duration of one year.
Through her parents, Levy sued in federal court, asserting that the disciplinary action violated her First Amendment right to free speech. Additionally, they contended that it was the responsibility of her parents, not school officials, to administer discipline.
A federal district court and the U.S. Court of Appeals for the 3rd Circuit both ruled in favor of Levy, stating that the Tinker substantial disruption standard does not apply to off-campus, online student speech.
Alternatively, the 3rd Circuit also determined that, even if Tinker was deemed applicable, the post did not reach the threshold of causing substantial disruption.
The school district wasted tax dollars and appealed the Supreme Court decision.
Justice Stephen Breyer Reasoning that a school’s regulatory interests are diminished when a student partakes in off-campus social media speech, it was identified that three distinct features of social media speech govern such an approach.
- With regard to off-campus speech by students, school officials rarely stand in loco parentis. “Geographically speaking, off-campus speech will normally fall within the zone of parental, rather than school-related, responsibility.”
- Courts should be skeptical of school officials’ regulatory interest in policing student social media speech, given that such speech could take place anytime during a 24-hour day.
- Schools have an interest in protecting even unpopular student speech, because “America’s public schools are the nurseries of democracy.”
He emphasized the importance of officials maintaining regulatory oversight over social media speech involving cyberbullying, harassment, threats, or breaches of school security devices.
Justice Alito’s concurring opinion advises public schools to exercise thoughtful caution when seeking to regulate off-campus speech.
Related Articles
Biden Issues More Cannabis Pardons but…
Joe Biden has extended pardons for individuals charged with simple cannabis possession and use, yet disappointingly, he has refrained from granting clemency to those currently incarcerated for cannabis-related offenses.In an extension of the previous year's extensive...
Working With and Not Against, IRS Revenue Code 280E
Cannabis operators face IRS Revenue Code 280E restrictions, but smart tax planning and strategies allow entrepreneurs to mitigate its impact on their business.Komorn Law is Michigan's top cannabis law firms when it comes to licensing, consulting and legal defense....
Oklahoma’s wild marijuana market is about to shrivel
The world's weed market, once booming with nearly 14,000 licensed medical marijuana businesses at its peak, has experienced a steady decline since Oklahoma voters overwhelmingly rejected a recreational legalization referendum in March. Heightened enforcement by state...
Appeals Court – Detroit’s Asset Forfeiture Violates Due Process
A federal circuit judge writes that Detroit's vehicle seizure scheme "is simply a money-making venture—one most often used to extort money from those who can least afford it." A panel of federal appellate judges ruled that Detroit's practice of seizing people's cars...
More Posts
Foster Care Agencies Allegedly Discriminated Against Poor, Medical Marijuana Patients
Two families -- including one mom who alleges Child Protective Services took her suckling baby from her breast -- are suing the state, alleging discrimination because...
MMMA-Profile-Michael-Komorn
Here are some links to articles posted by Attorney Michael Komorn US Government Collecting and Using Citizen Communications NATIONAL TOXICOLOGY PROGRAM...

Komorn Law – Victory in Genesee County
Komorn Law PLLC is proud to report a ruling today from the Genesee County Circuit Court. This case involved my client's property and all kinds of salacious...

Komorn Law AVVO Ratings
KOMORN LAW AVVO - RATINGS Read Client AVVO Reviews

Komorn Law-In the News-Fox17
Komorn Law | In the News | Fox 17 News | Links Medical marijuana battle: Father fights for custody of son OTTAWA COUNTY, Mich. – Medical marijuana is a...

US court upholds ban on selling guns to marijuana card holders
SAN FRANCISCO — A federal ban on the sale of guns to medical marijuana card holders does not violate the Second Amendment, a federal appeals court said Wednesday. The...
AVVO Ratings and Reviews Update Aug 2016
Michael Komorn’s reviews 5.0 stars - 23 Total Avvo Rating: 10.0 out of 10 Cases dismissed 5.0 stars Posted by Ryan August 24, 2016 I had two...

US Dept of Justice letter regarding prosecution for marijuana
Attorney General Eric Holder's speech regarding dropping mandatory minimums for many drug crimes is already making an impact. Read the letter from the DOJ

Clio marihuana dispensary fighting Genesee County Prosecutor’s office in court
CLIO (WJRT) - (04/25/16) - A Mid-Michigan marihuana dispensary is fighting the Genesee County Prosecutor's office in court after FANG shut them down. The owner of the...

New Roadside Drug Test
What is the law? The Michigan legislature has passed into law a one-year pilot program set up in five counties that allows for Michigan State Police to perform...