Replacing Tinker

Document Type

Article

Publication Title

University of Richmond Law Review

Abstract

The Supreme Court's decision in Mahanoy Area School District v. BL ex rel. Levy is a victory for the free speech rights of schoolchildren. Mahanoy involved Brandi Levy, a then-high school student who was disciplined by her cheerleading coach for posting a vulgar message on social media disparaging the school and two of its athletic teams. She challenged the coach's actions in federal court, arguing that the school did not have the authority to discipline her for her speech, which took place off campus and outside of school hours. She won at every level. The district court granted her a preliminary injunction and then summary judgment. The Third Circuit agreed that the school district had violated her First Amendment rights, finding that the school erred in punishing Ms. Levy for her speech, which was protected by the First Amendment.

Publication Date

1-1-2021

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