Originally Posted by
fuego
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