Can A School Punish A Cheerleader For Cursing On Snapchat? Supreme Court Leans Toward ‘No’

The justices suggested the high school may have gone too far by punishing Levy, with Justice Brett Kavanaugh saying the suspension “just seems excessive” when the cheerleader was “blowing off steam” and Justice Stephen Breyer noting that if all students could be punished for swearing outside of school, “every school in the country would be doing nothing but punishing.”

The justices grappled with what would constitute “school speech” that could be regulated by the school and off-campus speech that could not, and suggested they were unlikely to make a sweeping ruling on exactly which speech should be allowed and which should not. “We probably can’t write a treatise here and shouldn’t write a treatise,” Kavanaugh said, while Breyer said he was “frightened to death of writing a standard” regarding when off-campus speech is punishable.

The justices did express some skepticism about the cheerleader’s attorney’s argument that all off-campus speech should only be punished if it’s not protected by the First Amendment—like inciting violence—and suggested they were open to saying some speech can be regulated, with Justice Sonia Sotomayor saying she’s “dubious” most teenagers’ misconduct would rise to that level and suggesting things like off-campus bullying of a student could be punished.

, noting students’ speech is taking place “increasingly online.” “When I talk to school administrators, they consistently tell me that off-campus speech bedevils them, and the lower courts desperately need some guidance in this area.”

Source: Education Headlines (educationheadlines.net)

Nothing better to do.

Common sense wins!

Bullshit

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No

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