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
Feds Clarify Doctor Prescribed Medical Cannabis Is No Excuse
The revised federal workplace drug testing guidelines, issued by the Substance Abuse and Mental Health Services Administration (SAMHSA), Department of Health and Human Services (HHS), are intended to provide clarity. These guidelines emphasize that individuals who use...
US Cannabis Industry-Just Another Sinking Ship?
Is the cannabis industry just another sinking ship in the US? This story was picked up out in the cannabis news world. Read it for yourself. Have the end times have begun for US weed companies as the first South American imports are approved by the DEA. The US Federal...
The Marijuana Industry Paid an Extra $1.8 Billion in Federal Taxes Because of the 280E Tax Code
News from the internet Why legalize cannabis when 280E is the gift that keeps on giving to the Federal government? Whitney Economics, a cannabis research firm, recently conducted a comprehensive analysis of the impact of federal taxes on the cannabis industry. The...
Federal Court Strikes Down Gun Ban For People Who Use Marijuana
The federal government's justification for upholding the law is "concerning," according to a federal judge, who ruled that the ban on marijuana users owning firearms is unconstitutional. A man was charged in Oklahoma in 2022 after police found marijuana and a handgun...
More Posts

Medical-Marijuana Patient Alleges Prosecutors Swayed Crime Lab Drug Tests
Fri, 10/30/2015 - 4:11pm A Michigan medical-marijuana patient claims in court papers that state police crime labs are bending to pressure from prosecutors in analyzing...

Allegations: MSP falsely reporting marijuana, targeting card-carrying patients
SPRING LAKE, Mich. – The defense representing a Spring Lake father facing a felony marijuana charge is accusing Michigan State Police Forensic Science Division crime...

When Being Hated…Is Revered
By Attorney Michael Komorn " Lieutenant, this lawyer is a pain in the ass, I can't stand him, I really hate him" This was my client's observation of the...

Lawyer slams decision to deny cannabis to autistic kids
"Allowing medical marijuana for those with autism was supposed to be the clinical trial," Komorn said. "Instead, we're going to have criminal trials." Lawyer...

Father fighting to use medical marijuana concentrates
April 23, 2015 - In Western Michigan yet another Michigan Medical Marijuana patient is fighting for his freedom in a system of confusing laws. He is also...

Prosecutors drop marijuana charges against Michigan mom
Aug 5, 2015 - After a year long battle, Michigan Attorney Michael Komorn and his staff have chalked up another positive conclusion for a client caught up in the...

Security Systems – You should have one!!
For most... a security video system is a tool to protect themselves from liability, false accusations and identify activities around their home or business. For some,...

What’s required of you in a Michigan traffic stop?
July 24, 2015 Dashcam video released this week from a traffic stop shows how a confrontation between a Texas woman and the arresting officer escalated. Given the...

Detroit police make arrests at marijuana dispensary
The Detroit police raided and made arrests at marijuana dispensary in an article in the Detroit Free Press from July 14, 2015. Detroit police arrested two people and...

Michigan Medical Marihuana Patient Bill of Rights
On November 8th, 2008, by a majority of 63 percent, the citizens of the State of Michigan voted into law the constitutional initiative, Initiated Law 1 of 2008,...