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.
Erin Longin, General Manager of the Run/Train Business Unit at Puma, joins ChedHER to discuss how Puma is approaching a hybrid work model, and ways to empower women in the workplace.
Rachel Blank, Founder and CEO at Allara Health, joins ChedHER to discuss how she's creating a platform for women with Polycystic Ovary Syndrome or PCOS, and how to break down gaps in women's healthcare.
Biden is releasing more oil to ease gas prices, insulin could also get cheaper, and Canadians aren't messing around when it comes to maple syrup. Here is all the news you Need2Know for Friday, April 1, 2022.
Tia Mowry, the actor, author, and star of the Netflix sitcom "Family Reunion,” joined Cheddar News to talk about the show's final season, her partnership with Kelley Blue Book to share the top-rated family-friendly cars of 2022, and even TikTok. "I posted a video of just all of the different cast members on the show. I'm a huge Tiktok fan. So we did kind of this infamous Tiktok dance," she said. "We are just having a ball, lots of laughter, lots of fun, and there are incredible stories this year. So I cannot wait for people to see the show."
Sony is leveling up its subscription service, PlayStation Plus this week, a combination of its earlier options into a tiered plan offering options to play streaming and mostly older titles instead of day-and-date new games like those offered by rival Microsoft on its Gamepass service. Colette Bennett, a senior reporter at TheStreet and the host of the podcast "Colette & Matt Have Entered the Chat," joined Cheddar News to talk about the backlash from gamers. I would say maybe like it's like a six. I'm happy to see older, stony games and have access to them, but I really would have preferred to be able to stream brand-new games. "Gamers are pretty upset that Sony is kind of repackaging the stuff that's been around more or less for years and trying to make it look new," she said. "You know, the Netflix subscription-like model is so appealing."
The most popular and most valuable cryptocurrency is also the least eco-friendly - data shows that Bitcoin mining generates the same amount of carbon emissions as the entire country of Thailand. According to nonprofit Fair Planet, 96 million tons of carbon dioxide emissions come from Bitcoin mining every year. Now, a consortium of climate activist groups is calling on the Bitcoin industry to cut its energy use by making changes to its software code. Michael Brune, former executive director of the Sierra Club, joins Cheddar News' Closing Bell to discuss.
A cannabis software startup is offering a first-of-its-kind perk for its employees - reimbursements for legal cannabis purchases. Jointly Better bills itself as an experience-based cannabis wellness tracker and product platform. In an attempt to attract top talent, the company will reimburse up to $150 a month for its workers' lawful cannabis purchases. David Kooi, co-founder and CEO of Jointly, joins Cheddar News' Closing Bell to discuss.
Actors Stephanie Hsu, Ke Huy Quan, and James Hong joined Cheddar News to discuss their new science fiction family drama, "Everything Everywhere All At Once," featuring a Chinese American family. "I really hope that people will come out of this film feeling a little bit of healing and also inspired to love the ones you're with a little bit harder in this very moment in this life right now," said Hsu. The film also stars Michelle Yeoh and Jamie Lee Curtis.
This June marks the 25th anniversary of the infamous 1997 "Bite Fight”, the iconic boxing rematch between Mike Tyson and Evander Holyfield when Tyson shockingly bit a piece of his opponent’s ear off. As a macabre tribute to the incident, the boxing legend’s line of cannabis products, Tyson 2.0, has released “Mike Bites", edibles in the shape of an ear complete with a bite mark. Tyson, the chief brand officer and co-founder, along with CEO Adam Wilks joined Cheddar News to talk about the unique gummies. "I just think this is just me owning what I did. I'm owning my responsibility. I've done that. That was pretty bad at the time, but I turned it over to make it pretty good," the former heavyweight champion said.
