Year: 2010 (Vol. 34).
Topic: Constitutional Law; First Amendment.
Question: Whether student speech made outside the school setting may nevertheless be governed by Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S. 503 (1969), and its progeny, and if so, whether application of the standards in Tinker and its progeny allow Appellant’s speech to be regulated by the Murano School District.
Format: PDF.
Preemption Notice! The Supreme Court held that:
1) the special characteristics that give schools additional license to regulate student speech do not always disappear when a school regulates speech that takes place off campus, but
2) in the present case, the school violated student’s First Amendment rights when it suspended her from the junior varsity cheerleading squad.
Mahanoy Area Sch. Dist. v. B. L. by & through Levy, 141 S. Ct. 2038 (2021).