In the case of Mahanoy Area School District v. B.L., a minor, by and through her father, Levy, et al., Supreme Court Slip Opinion No 20-255, the United States Supreme Court held that off-campus student speech is protected by the First Amendment when it does not cause a substantial disruption at school.
Here, a student posted an expletive video to her social media account after failing to make the varsity cheerleading squad and was subsequently suspended from the junior varsity team. The student’s parents sued, arguing that the school could not punish off-campus speech.
The school district argued that the punishment for off-campus speech was proper because the student’s speech “materially and substantially” disrupted the work and discipline of the school.
The Supreme Court held in an 8-1 vote that the video did not rise to the level of disruption necessary to allow a school district to punish off-campus behavior and ruled in favor of the student and her parents.
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.