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In 2021, more than 50 years after the Tinker decision, the U.S. Supreme Court considered whether public elementary and secondary schools have a right to discipline students for off-campus speech (on social media) in Mahanoy Area School District v. B.L (Case 2.1). As you read Case 2.1, consider how the Court carefully balanced the free speech rights of a ninth-grade student with the interests of a public school in maintaining order to foster learning.
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Mahanoy Area School District v. B.L. (2021)
Mahanoy Area School District v. B.L. concerned a 9th grade student, Brandi Levy, who posted Snapchat images to her circle of friends expressing frustration after she failed to make the varsity cheerleading squad. The posts included Brandi with a middle finger raised and the caption “Fuck school… fuck cheer fuck everything” (2021, p. 2). Brandi did not identify the school, nor did she direct her crude language towards a school staff member. The post was shared with the cheerleading coach, and because the use of profanity violated team and school rules, Brandi was suspended from the junior varsity cheerleading team for one year. Despite her apologies, the school board refused to reverse the suspension, and Brandi’s parents subsequently filed a lawsuit arguing that the school’s punishment violated Brandi’s First Amendment right to free speech.