Supreme Court Signals Support for Cheerleader in Free Speech Case

U.S. ⚖️Supreme Court justices on Wednesday appeared ready to rule in favor of a former Pennsylvania high school cheerleader who was disciplined over a foul-mouthed social media post but cautiously approached the broader question of whether public schools can punish students for what they say off campus.

The nine justices heard nearly two hours of arguments in an appeal by the Mahanoy Area School District of a lower court ruling in favor of Brandi Levy that found that the U.S. Constitution’s First Amendment guarantee of free speech bars public school officials from regulating off-campus speech. The case could impact the free speech rights of America’s 50 million public school students.

The court pondered the competing issues of students having freedom of expression, especially political or religious views, and schools having the ability to prevent disruptions in the internet and social media era.

Its ruling, expected by the end of June, could clarify the limits of an important 1969 ⚖️Supreme Court precedent that let public schools punish student speech when it would “substantially disrupt” a school community.

Many schools and educators, supported by President Joe Biden’s administration, have argued that ending their authority over students at the schoolhouse gates could make it harder to curb bullying, racism, cheating and invasions of privacy – all frequently occurring online.

The American Civil Liberties Union, representing Levy, has argued that students need protection from censorship and monitoring of their beliefs.

The justices indicated they may avoid making a complete distinction between on- and off-campus speech or fashioning a legal test encompassing all possible scenarios schools may face.