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.
Jill and Carlo cover the latest with the infrastructure bill, the growing state rebellion over boosters, Trump's dereliction of duty on the pandemic, Taylor Swift's reign of cultural domination and more.
Danielle Mone Truitt, the actress who stars as Sergeant Ayanna Bell and partner to Chris Meloni's Elliot Stabler in the latest series in the Dick Wolf universe, joined Cheddar to discuss her leading role.
2021 has been the year of many things, and one of them is the NFT or non-fungible token. We've seen NFTs come about for so many different things.
Digital artists have used them to sell their artwork in a more traditional art transaction than the internet had previously allowed. We've seen specific NFT campaigns like the pudgy penguins amass large followings. And now we're seeing them expand into horror films just in time for spooky season.
The iconic horror movie franchise "Texas Chainsaw Massacre" has launched its debut NFT line entitled "Leatherfaces." the illustrations are designed by Skinner in partnership with Ultra Rare to reveal a total of over 10,000 Leatherface avatars. The collection gives fans, NFT fiends and blockchain fanatics access to a new Texas Chainsaw Massacre metaverse unlike any that has been seen before.
Richie Hobson, co-founder of Ultra Rare, joins None of the Above to discuss.
The USO is hosting a 72 hour streamathon on Twitch called #OperationPlayItForward, and is tapping into Gen Z superstars and gamers to raise money for the organization through the power of the esports community. The goal here is to help support both the new generation of troops and their families. Director of Global Gaming Operations at USO Callum Fletcher and Former UFC Lightweight Champ and Twitch Partner Jens Pulver, joined Cheddar to discuss more.
Sen. Sheldon Whitehouse joined Cheddar to discuss the latest push to get rid of Daylight Savings Time. A practice where several say can cause havoc on one's sleeping schedule and cause disruptions to our economy.
The past decade or so has been a has seen massive change-- usually good-- for the LGBTQ+ community. Same-sex marriage has seen broader acceptance, and there's been increased conversation about the reality of gender identity. Now, folks who don't identify as male or female can travel while staying true to their more authentic self.
The Biden administration has issued the first passport with a gender-neutral designation "X." the passport was issued to Dana Zzyym, an intersex activist from Colorado, after a long legal battle with the state department in which Zzyym argued they shouldn't be required to lie about their identity on their passport. Advocates for such changes have applauded the move, saying it will allow people who don't identify as male or female to travel the globe in a more safe and visible way.
Paul Castillo, counsel at Lambda Legal and Zzyym's attorney in this case, joins None of the Above to discuss.
The Biden Administration has announced its latest plans to support veterans who had been exposed to toxic chemicals from burn pits. According to several veterans who served in Iraq and Afghanistan, a number of them were exposed to hour-long periods of burn pits. As a result, many of them say they have suffered from severe life-long side effects. Co-founder at Burn Pits 360 Le Roy Torres, joined Cheddar to discuss more.
If you've been to the grocery store lately you may have noticed that your grocery store bill is higher than usual. It looks like prices aren't slowing down anytime soon. According to recent data, inflation has spiked to a 30- year high. Editor-in-Chief from Investopedia Caleb Silver, joined Cheddar to discuss more.
On this episode of 'Your Future Home', Chip Wade, Emmy Award-winning HGTV Host, breaks down all the ways you can avoid breaking the bank on energy costs this holiday season, especially when it comes to outfitting your home with smart tech; Dr. Wendy Osefo, Entrepreneur, Professor & Cast Member of Bravo's 'Real Housewives of Potomac', discusses her popular new Onyi Home Essentials line and how ideas of family and legacy helped shape it; Cheddar breaks down everything you need to know about how to determine your non-negotiables when purchasing a house.
