Topic
Student Speech
98 published works
Simple Justice
On The Internet, There Are No Schoolhouse Gates
Brandi Levy’s snapchat teed up an issue that needed to be resolved. It was after school hours. It was outside of school. It was on the internet. But it related…
The Right Coast
Free speech, Bullying, and the Complicated Case of the Pennsylvania Cheerleader | The New Yorker
The story of Mahanoy Area School District v. B.L. began when Brandi Levy, a high-school freshman in eastern Pennsylvania, was passed over for the varsity cheerleading team. Levy took to…
Title IX Insights
United States Supreme Court Hears Argument in Historic Student Speech Case
By FranczekPC
Yesterday, the United States Supreme Court heard oral argument in its first case ever to address the discipline of students for speech occurring off-campus, on their own time, and online. The argument…
PrawfsBlawg
Can kids be assholes? And other thoughts on Mahanoy arguments
Main Wednesday, April 28, 2021Can kids be assholes? And other thoughts on Mahanoy argumentsHaving listened and taken one pass through the argument in Mahanoy Area Sch. Dist. v. B.L., taking…
The Relativity Blog
Brandi the Cheerleader, Social Media Law, and the Limits of Free Speech Off-Campus
By Relativity
A current dispute—with the Supreme Court hearing oral arguments today—pits a cheerleader and her parents against a school district over the then 14-year-old’s online rant of rejection.
PrawfsBlawg
Fuck everything
Main Monday, February 22, 2021Fuck everythingToday is the 50th anniversary of argument in Cohen v. California, the "fuck the draft" case. The argument famously began with an admonition from Chief…
Title IX Insights
Supreme Court (Finally) Will Address School Discipline for Off-Campus, Online Student Speech
By FranczekPC
In 2017, a high school cheerleader learned she had not made the varsity team and turned to Snapchat. She posted a picture of herself and a friend, middle fingers up,…
Understanding the ADA
Public Schools Ability to Regulate Off-campus Speech in the Digital Age
We now have a new Associate Justice on the United States Supreme Court, Amy Coney Barrett. For those interested in how she might rule on disability rights matters, see this…
Media Law Prof Blog
Driver on Freedom of Expression within the Schoolhouse Gate @YaleLawSch
Justin Driver, Yale Law School, is publishing Freedom of Expression within the Schoolhouse Gate in volume 75 of the Arkansas Law Review. Here is the abstract.This Article examines the history…
PrawfsBlawg
Third Circuit: Tinker does not apply off-campus
Main Tuesday, June 30, 2020Third Circuit: Tinker does not apply off-campusThe Third Circuit held Tuesday that Mahanoy (PA) Area H.S.* violated the First Amendment by suspending a student (identified as…