In the case of B.L. v. Mahanoy Area School District, the United States Court of Appeals for the Third Circuit held that a school district could not punish a student for expressing dissatisfaction with the school district and its cheerleading program via social networking platforms, as this speech is protected by the First Amendment to the United States Constitution.
The Court further explained that when speech of this nature occurs off school grounds, public school districts are not allowed to punish their students, as it is unconstitutional.
The student argued that suspension from the cheerleading team as a means of punishment for the student expressing dissatisfaction with the team was a violation of the First Amendment.
The school district argued that the student’s post on a social network violated the school’s rule requiring student-athletes to refrain from conduct that would tarnish the school district’s reputation.
The case is set to be heard by the United States Supreme Court and will have a direct impact on school administrator’s ability to discipline students for expressing their dissatisfaction with the schools, as well as their athletic and extracurricular programs.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.