The Supreme Court ruled Wednesday that a Pennsylvania public school wrongly suspended a student from cheerleading over a vulgar social media post she made after she didn't qualify for the varsity team.
The court voted 8-1 in favor of Brandi Levy, who was a 14-year-old high school freshman when she expressed her disappointment over not making the varsity cheerleading squad with a string of curse words and a raised middle finger on Snapchat.
Levy, of Mahanoy City, Pennsylvania, was not in school when she made her post, but she was suspended from cheerleading activities for a year anyway. In an opinion by Justice Stephen Breyer, the high court ruled that the suspension violated Levy's First Amendment freedom of speech rights.
But the justices did not foreclose schools from disciplining students for what they say off campus. An earlier federal appeals court ruling in this case would have barred public schools from punishing off-campus speech.
Despite ruling in Levy's favor, Breyer wrote that “we do not believe the special characteristics that give schools additional license to regulate student speech always disappear when a school regulates speech that takes place off campus. The school’s regulatory interests remain significant in some off-campus circumstances.”
The case drew extra interest at a time of remote learning because of the coronavirus pandemic and a rising awareness of the harmful effects of online bullying.
The case arose from Levy's posts, one of which pictured her and a friend with raised middle fingers and included repeated use of a vulgarity to complain that she had been left off the varsity cheerleading squad.
“F——— school f——— softball f——— cheer f——— everything,” she wrote near the end of her freshman year, from a local convenience store and on a Saturday. Now 18, Levy recently finished her first year of college.
Levy's parents filed a federal lawsuit after the cheerleading coach suspended her from the junior varsity team for a year. Lower courts ruled in Levy's favor, and she was reinstated.
The school district appealed to the Supreme Court after the broad appellate ruling that said off-campus student speech was beyond schools' authority to punish.
The dispute is the latest in a line of a cases that began with Tinker v. Des Moines, the Vietnam-era case of a high school in Des Moines, Iowa, that suspended students who wore armbands to protest the war. In a landmark ruling, the Supreme Court sided with the students, declaring they don’t “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.”
The court also held then that schools retained the authority to restrict speech that would disrupt the school environment.
Breyer wrote that Levy's case seemed less serious than its Vietnam-era predecessor.
“It might be tempting to dismiss B. L.’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,” he wrote, using Levy's initials because that was how she was identified in the original lawsuit. Levy has granted numerous interviews allowing her name to be used.
Justice Samuel Alito wrote in a concurring opinion that school officials in Mahanoy got “carried away” in seeking to discipline Levy. “If today’s decision teaches any lesson, it must be that the regulation of many types of off-premises student speech raises serious First Amendment concerns, and school officials should proceed cautiously before venturing into this territory,” Alito wrote.
In dissent, Justice Clarence Thomas wrote that he would have upheld Levy's suspension.
Catching you up on the entertainment headlines of the day with Justin Timberlake selling his entire musical catalog to IP management firm Hipgnosis, Ellen DeGeneres airing the final episode of her show, Alanis Morissette making a guest appearance on Olivia Rodrigo’s ‘Sour’ tour, and more.
Cheddar recently teamed up with Amazon Bestseller Jamie Hopkins to explore the term 'Rewirement' while highlighting those who didn't let retirement be the end of their journey... Instead, they used it as a new beginning.
Today, Jamie is speaking with Linda Lombri, a former home economist and marketing executive, and Virginia Cornue, a former cultural anthropologist. For them, retirement didn't mean stopping work--it meant re-inventing themselves and living out their dreams of becoming mystery authors, even though neither had written fiction before. Together, Linda and Virginia began an e-book series, the Sandra Troux Mysteries.
Brightseed Co-Founder Sofia Elizondo breaks down what plant bioactives are, and how they're using the latest technology to study human's biological connections with plants.
On this episode of Cheddar Innovates: Brightseed Co-Founder breaks down what plant bioactives are, and how they're using the latest technology to study human's biological connections with plants; Esper Bionics CEO breaks down how they re creating a mind-controlled bionic hand that guest smarter the more you use it; Cheddar gets a look at Curiosity Stream's 'Capturing A Black Hole In Our Milky Way.'
The number of births in the U.S. increased last year for the first time in seven years. According to a new federal report, about 3.6 million babies were born in 2021, only about a 1% increase from 2020. Ted Rossman, a senior industry analyst for creditcards.com, joined Cheddar's Opening Bell to discuss why the pandemic baby boom was more like a baby bust, and how to raise kids while on a tight budget.
Following the mass shooting at the Robb Elementary School in Uvalde, Texas, that left 19 children and two adults dead, the debate over gun control has been reignited. While studies have shows most Americans agree on some additional regulations, there hasn't been much legislative traction even as gun violence worsens in the country. Brian Lemek, the executive director of Defend The Vote and the former executive director at Brady PAC for gun control, joined Cheddar to discuss reform efforts. "The lawmakers that we have aren't passing these at the federal level," he said. "That's the problem. We have the wrong people in charge."
The crypto industry is still reeling from Terra's recent crash. The company's blockchain was temporarily halted earlier this month after the collapse of its cryptocurrency Luna (LUNA) and its stablecoin TerraUSD (UST), which led to almost $45 billion being wiped from the tokens' market caps within a week. Now, many are left wondering what Terra's struggles mean for the broader crypto market. Reeve Collins, CEO of the NFT platform BLOCKv, joins Cheddar News' Closing Bell from Davos 2022 to discuss.
China's largest ride-hailing company will no longer be listed on the world's largest stock exchange. Didi shareholders voted on Monday to delist from the New York Stock Exchange, less than a year after launching a $4.4 billion IPO with the most significant U.S. share offering by a Chinese company since Alibaba debuted in 2014. Since going public in June of last year, around $70 billion has been wiped from Didi's market value and shares of the company have dropped nearly 90%. Now, Didi is expected to begin preparations to list in Hong Kong. Kevin T. Carter, founder and Chief Investment Officer of EMQQ Global, joins Cheddar News' Closing Bell to discuss.
