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Thread: Rare win for the 1st amendment: 8-1 SCOTUS decision protects off-campus student speech

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    Rare win for the 1st amendment: 8-1 SCOTUS decision protects off-campus student speech

    Supreme Court sides with high school cheerleader who cursed online

    The Supreme Court ruled in favor of a former high school cheerleader who argued that she could not be punished by her public school for posting a profanity-laced caption on Snapchat when she was off school grounds.

    The case involving a Pennsylvania teenager was closely watched to see how the court would handle the free speech rights of some 50 million public school children and the concerns of schools over off-campus and online speech that could amount to a disruption of the school's mission or rise to the level of bullying or threats.

    The 8-1 majority opinion was penned by Justice Stephen Breyer.

    "It might be tempting to dismiss (the student's) words as unworthy of the robust First Amendment protections discussed herein. But sometimes it is necessary to protect the superfluous in order to preserve the necessary," Breyer wrote.

    Supreme Court sides with high school cheerleader who cursed online - CNNPolitics

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    Senior Member diakonos777's Avatar
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    As it should be,,,, should as well be for folks who lose their jobs for online things, that don't endanger someone in any way.

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    Administrator fuego's Avatar
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    Clarence Thomas was the one that dissented.

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    Quote Originally Posted by fuego View Post
    Clarence Thomas was the one that dissented.


    ....Associate Justice Clarence Thomas dissented, asserting that the court's opinion left an unworkable standard for schools to try to follow.....


    ..."Thus, we do not now set forth a broad, highly general First Amendment rule stating just what counts as 'off campus' speech and whether or how ordinary First Amendment standards must give way off campus," Breyer wrote.

    Breyer said the court would leave that question to "future cases."

    Thomas took issue with that approach in his dissent. He wrote that historical factors suggest schools could regulate off-campus speech that could harm the school, its faculty or other students. Thomas said he believes that standard was met in Levy's case.

    "The court's foundation is untethered from anything stable, and courts (and schools) will almost certainly be at a loss as to what exactly the court's opinion today means," Thomas wrote....


    Supreme Court sides with cheerleader who wrote profane social media post slamming her school

    This I say therefore, and testify in the Lord, that ye henceforth walk not as other Gentiles walk, in the vanity (futility) of their mind, having the understanding darkened...
    (Ephesians 4:17-18)

    Blessed is the man that walketh not in the counsel of the ungodly...
    (Psalm 1)

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