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Cheerleader prevails at U.S. Supreme Court in free speech case

  

Category:  News & Politics

Via:  hallux  •  3 years ago  •  15 comments

By:    Andrew Chung - Reuters

Cheerleader prevails at U.S. Supreme Court in free speech case
President Joe Biden's administration supported the district in the case, arguing that off-campus student speech deserves broad protection unless it threatens the school community or targets specific individuals, groups or school functions

S E E D E D   C O N T E N T



June 23 (Reuters) - The U.S. Supreme Court on Wednesday ruled in favor of a Pennsylvania teenager who sued after a profane social media post got her banished from her high school's cheerleading squad in a closely watched free speech case, but it declined to outright ban public schools from regulating off-campus speech.

The justices ruled 8-1 that the punishment that Mahanoy Area School District officials gave to the plaintiff, Brandi Levy, for her social media post - made at a local convenience store in Mahanoy City on a weekend - violated her free speech rights under the U.S. Constitution's First Amendment. The decision was authored by liberal Justice Stephen Breyer.


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Hallux
Professor Principal
1  seeder  Hallux    3 years ago

Good, the first time my daughter heard me say fuck, she was free to say it also. Any word found in the Unabridged O.E.D. was her's to use freely but within an understanding of the context.

 
 
 
Veronica
Professor Guide
2  Veronica    3 years ago

I told my kids when it came to "shit, goddamn it, or fuck" that they should be aware of who is around them (mostly their grandmothers) and maybe curtail the use of them out of respect for that person.  I never punished for profanity.  To me they are just words like any other.  

 
 
 
Trout Giggles
Professor Principal
2.1  Trout Giggles  replied to  Veronica @2    3 years ago

My kids learned their first curse words from me

 
 
 
Veronica
Professor Guide
2.1.1  Veronica  replied to  Trout Giggles @2.1    3 years ago

So did mine.  Favorite phrase in my house when things get fucked up "fuck me".

 
 
 
Thrawn 31
Professor Guide
3  Thrawn 31    3 years ago

Good. Schools can take action against off campus speech to a degree (online harassment/bullying of another student, cheating on exams, making threats to the school or other students etc.), but this girl didn’t do any of that. She was just venting frustration, nothing more.

 
 
 
Veronica
Professor Guide
3.1  Veronica  replied to  Thrawn 31 @3    3 years ago

I remember that a couple of years ago when a student committed suicide because of social media bullying that was reported to the school the school said they couldn't do anything about it - funny that they can now.

 
 
 
Hallux
Professor Principal
4  seeder  Hallux    3 years ago

We could sue Perrie, make a headline and quadruple the number of posters ... ?

 
 
 
Trout Giggles
Professor Principal
4.1  Trout Giggles  replied to  Hallux @4    3 years ago

She doesn't have any money! We need to go after the NT'ers who like to think they do

 
 
 
Hallux
Professor Principal
4.1.1  seeder  Hallux  replied to  Trout Giggles @4.1    3 years ago

I don't doubt it, getting 2 daughters married off is expensive. I'm forever grateful to my daughter for having eloped and having divorced in the dark. 

 
 
 
Trout Giggles
Professor Principal
4.1.2  Trout Giggles  replied to  Hallux @4.1.1    3 years ago

My daughter did me and her dad a favor by getting married on our deck with a justice of the peace and then a backyard barbq

The boy got married the same weekend at a chapel on Lackland AFB right after he graduated basic training

 
 
 
Hallux
Professor Principal
4.1.3  seeder  Hallux  replied to  Trout Giggles @4.1.2    3 years ago

As of now we are down to which one of us is going to pay for my cremation and which one is going to pay for the booze.

 
 
 
Tacos!
Professor Guide
5  Tacos!    3 years ago

Hooray! It's a victory for free speech, for the free speech of minors, and for common-freaking-sense.

Meanwhile the dissent from Justice Thomas is one of the dumber things I have ever read. He assesses the majority opinion as "vague" and not "stable" in spite of the fact that it cites to multiple Supreme Court precedents. He then attempts to define an opposing "rule" from 19th century cases in Vermont and Rhode Island (that never made it anywhere near the Supreme Court) as somehow binding on the current Court and situation. It borders on senile.

 
 
 
Ender
Professor Principal
5.1  Ender  replied to  Tacos! @5    3 years ago

I am reminded of the suit that went through in the sixties I believe. Something about students wearing armbands and free speech.

 
 
 
Tacos!
Professor Guide
5.1.1  Tacos!  replied to  Ender @5.1    3 years ago

Yeah, that's Tinker. Tinker dealt with on-campus speech, and created tough standards preventing a school from disciplining a student. In some cases, like school field trips, sporting events, or even online bullying, the school has an interest in controlling speech because it is disruptive somehow to the learning process or impacts other people directly. But here, the Court held that there wasn't enough of a disruption to warrant the school disciplining the student.

 
 
 
Ender
Professor Principal
5.1.2  Ender  replied to  Tacos! @5.1.1    3 years ago

Thanks. I couldn't remember the details.

New day new age I guess.

 
 

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