Law & Courts

Major Case on Student Off-Campus Speech to Be Heard by U.S. Supreme Court April 28

By Mark Walsh — March 12, 2021 1 min read
supreme court SOC

The U.S. Supreme Court has set April 28 for oral arguments in a major case on whether school districts may discipline students over off-campus speech.

The case of Mahanoy Area School District v. B.L. (No. 20-255) is one of two the justices will hear on the last day of their April sitting, which is also the last day of oral arguments for the term. A decision would then be expected by the end of the term, which traditionally is in late June but last year stretched into July because of disruption caused by the COVID-19 pandemic.

The speech case involves the discipline of a Pennsylvania high school cheerleader who had denounced her school and her team in vulgar terms in a post on Snapchat. The question in the case is whether the landmark Tinker v. Des Moines Independent Community School District decision from 1969, which allows schools to regulate on-campus student speech that materially and substantially disrupts the work of the school, applies to off-campus speech, and particularly student speech on the Internet.

President Joe Biden’s administration and several education groups have joined with the Mahanoy district in arguing that schools should have the authority to discipline off-campus speech when it is disruptive to school. Lawyers for the student identified as B.L. have argued that her Snapchat message did not cause any material disruption at her school and thus was outside the reach of school discipline.

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Student Well-Being Webinar
Measuring & Supporting Student Well-Being: A Researcher and District Leader Roundtable
Students’ social-emotional well-being matters. The positive and negative emotions students feel are essential characteristics of their psychology, indicators of their well-being, and mediators of their success in school and life. Supportive relationships with peers, school
Content provided by Panorama Education
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School & District Management Webinar
Making Digital Literacy a Priority: An Administrator’s Perspective
Join us as we delve into the efforts of our panelists and their initiatives to make digital skills a “must have” for their district. We’ll discuss with district leadership how they have kept digital literacy
Content provided by Learning.com
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School & District Management Webinar
How Schools Can Implement Safe In-Person Learning
In order for in-person schooling to resume, it will be necessary to instill a sense of confidence that it is safe to return. BD is hosting a virtual panel discussing the benefits of asymptomatic screening
Content provided by BD

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Justice Department Memo Could Stoke State-Federal Fights Over Transgender Students' Rights
Title IX prohibits discrimination on the basis of sexual orientation and gender identity in schools, a Justice Department memo says.
3 min read
Stephanie Marty demonstrates against a proposed ban on transgender girls and women from female sports leagues outside the South Dakota governor's mansion in Pierre, S.D. on March 11, 2021.
Stephanie Marty demonstrates against a proposed ban on allowing transgender girls and women to play in female sports leagues outside the South Dakota governor's mansion in Pierre, S.D.
Stephen Groves/AP
Law & Courts Diverse Array of Groups Back Student in Supreme Court Case on Off-Campus Speech
John and Mary Beth Tinker, central to the landmark speech case that bears their name, argue that even offensive speech merits protection.
5 min read
In this photo taken Tuesday, Aug. 27, 2013, Mary Beth Tinker, 61, shows an old photograph of her with her brother John Tinker to the Associated Press during an interview in Washington. Tinker was just 13 when she spoke out against the Vietnam War by wearing a black armband to her Iowa school in 1965. When the school suspended her, she took her free speech case all the way to the U.S. Supreme Court and won. Her message: Students should take action on issues important to them. "It's better for our whole society when kids have a voice," she says.
In this 2013 photo, Mary Beth Tinker shows a 1968 Associated Press photograph of her with her brother John Tinker displaying the armbands they had worn in school to protest the Vietnam War. (The peace symbols were added after the school protest). The Tinkers have filed a brief in the U.S. Supreme Court supporting a Pennsylvania student who was disciplined for an offensive message on Snapchat.
Manuel Balce Ceneta/AP
Law & Courts Supreme Court Sympathetic to College Athletes' Challenge to NCAA Rules on Education Aid
The justices weighed a case about the definition of amateurism in college athletics that may trickle down to high school and youth sports.
6 min read
BRIC ARCHIVE
iStock/Getty
Law & Courts High School Sports World Watching U.S. Supreme Court Case on NCAA Compensation Rules
The body that sets high school sports rules worries that any change on amateurism in college athletics would trickle down to K-12.
5 min read
BRIC ARCHIVE
iStock/Getty