The nine justices are considering 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 freedom of speech bars public school officials from regulating off-campus speech. The arguments were ongoing.
Under a 1969 Supreme Court precedent, public schools may punish student speech that would "substantially disrupt" the school community. Levy's case will determine whether this authority extends away from school. Liberal Justice Stephen Breyer said, "She used swear words - you know, unattractive swear words - off campus. Did that cause a material and substantial disruption? I don't see much evidence it did. And if swearing off campus did, I mean, my goodness every school in the country would be doing nothing but punishing."
"She's competitive, she cares," Kavanaugh said. "She blew off steam like millions of other kids have when they're disappointed about being cut from the high school team or not being in the starting line up or not making all-league ." The Supreme Court, which has a 6-3 conservative majority, has shown sympathy toward free speech claims in important cases in recent years.
Umm... She bad mouthed her school and was cut from the squad. How is this a First Amendment violation? Looks like natural consequences to me. She wasn’t imprisoned and her civil rights weren’t violated. Cheerleading, last time I checked, isn’t a civil right. What am I missing?
Free speech should apply to everyone everywhere
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