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.
"The school's regulatory interests remain significant in some off-campus circumstances," Breyer wrote in the ruling. "When it comes to political or religious speech that occurs outside school or a school program or activity, the school will have a heavy burden to justify intervention," Breyer wrote in the ruling.In a dissent, conservative Justice Clarence Thomas said that schools "historically could discipline students in circumstances like those presented here." Lower courts will be "at a loss" in trying to apply the ruling, Thomas added.
Reggie Shuford, executive director of the ACLU of Pennsylvania, said Wednesday's ruling "affirmed what we've said all along - students have greater free speech rights out of school and on their own time."
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