The September 1, 2020 Trending Law Blog post discussed how the United States Court of Appeals for the Third Circuit in Mahanoy Area School District v. B.L., 964 F.3d 170 (2020), upheld a public school student’s First Amendment rights based on social media posts she made off school grounds, after school hours, and without school resources. The court found that the student’s free speech rights were violated by the school’s decision to suspend her from the school’s junior varsity cheerleading squad because of posts she made to Snapchat.
The case was subsequently appealed to the Supreme Court of the United States by the school district, which asked the Court to consider whether public school officials may regulate speech that would materially and substantially disrupt the work and discipline of the school when the student’s speech occurs off campus. The Supreme Court granted the petition for certiorari and, in a decision rendered on June 23, 2021, held that while schools may have an interest in regulating some off-campus speech, the facts here were not sufficient to overcome the student’s free speech rights.Continue reading