The court voted 8-1 in favour of Brandi Levy, who was a 14-year-old high school freshman when she expressed her disappointment over not making the varsity cheerleading squad with a string of curse words and a raised middle finger on Snapchat.
Despite ruling in Levy's favour, Breyer wrote that "we do not believe the special characteristics that give schools additional license to regulate student speech always disappear when a school regulates speech that takes place off campus. The school's regulatory interests remain significant in some off-campus circumstances."
"F------ school f------ softball f------ cheer f------ everything," she wrote near the end of her freshman year, from a local convenience store and on a Saturday. Now 18, Levy recently finished her first year of college. The dispute is the latest in a line of a cases that began with Tinker v. Des Moines, the Vietnam-era case of a high school in Des Moines, Iowa, that suspended students who wore armbands to protest the war. In a landmark ruling, the Supreme Court sided with the students, declaring they don't "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate."
Justice Samuel Alito wrote in a concurring opinion that school officials in Mahanoy got "carried away" in seeking to discipline Levy. "If today's decision teaches any lesson, it must be that the regulation of many types of off-premises student speech raises serious First Amendment concerns, and school officials should proceed cautiously before venturing into this territory," Alito wrote.
If I was able to do something like this in the old fashioned days it would have never made it to court. My parents would have given me the ass whoopin of my life for being vulgar and a sore loser.
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