1st Amendment Violation

By: Derek Hawkins//September 16, 2021//

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United States Supreme Court

Case Name: Mahanoy Area School District v. B.L.

Case No.: 20-255

Focus: 1st Amendment Violation

A public high school student used, and transmitted to her Snapchat friends, vulgar language and gestures criticizing both the school and the school’s cheerleading team. The student’s speech took place outside of school hours and away from the school’s campus. In response, the school suspended the student for a year from the cheerleading team. We must decide whether the Court of Appeals for the Third Circuit correctly held that the school’s decision violated the First Amendment. Although we do not agree with the reasoning of the Third Circuit panel’s majority, we do agree with its conclusion that the school’s disciplinary action violated the First Amendment.

Affirmed

Dissenting: THOMAS, J., filed a dissenting opinion.

Concurring: ALITO, J., filed a concurring opinion, in which GORSUCH, J., joined.

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Derek A Hawkins is Corporate Counsel, at Salesforce.

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