Mahanoy Area School District v BL (2021)
The snapchat cheerleader
Brandi Levy, a high school freshman, was cut from her school’s varsity cheerleading team. She was livid. Brandi posted a Snapchat photo a couple days showing middle fingers, profanity, and a clear frustration. Brandi was then suspended from cheerleading for a year because the school saw her post, which was created outside of school grounds. Are the First Amendment (freedom of speech/press) rights controlled by the school only in the building or everywhere?
Breakdown Verdict.
The court was split 8-1 in favor of Brandi, stating that disciplinary action can be carried out by parents privately outside of school. After all, if there is no privacy in terms of avoiding school punishment, there is no way to express oneself safely.
Result Going Forward.
Privacy on and off school campus has been a gray area for a long time. With the new ruling, schools are limited to disciplinary action only when the statements relate to anything school-related or if they are somewhere related to the school (e.g. field trip). Going off of New Jersey v TLO, schools are a very common place to move around rules and regulations surrounding action toward students.
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