The Supreme Court ruled that a Pennsylvania high school violated the First Amendment rights of a cheerleader by punishing her for using vulgar language that criticized the school on social media.
In its decision Wednesday, the Supreme Court said "courts must be more skeptical of a school's efforts to regulate off-campus speech, for doing so may mean the student cannot engage in that kind of speech at all." Brandi Levy, a former cheerleader at Mahanoy Area High School in Mahanoy City, Pennsylvania, poses in an undated photograph provided by the American Civil Liberties Union.Levy, whose name was abbreviated "B.L." in court filings, as a high school sophomore in May 2017 failed to make her school's varsity cheerleading team, but won a place on the junior varsity squad.
The messages were flagged to the Mahanoy City school's cheerleading coaches and its principal, who determined they violated the rules and moved to suspend Levy from the squad for the upcoming year. His second feature is that schools have a "heavy burden" to justify regulating speech off campus, since they otherwise would technically be able to intervene in what a student says during the full 24-hour day.
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