Students’ freedom of speech debated before Supreme Court

WASHINGTON, D.C. (NBC) – A profanity-laced social media post landed a Pennsylvania teen in hot water and, eventually, the case of student free speech was brought before the Supreme Court.

Brandi Levy said she was upset after being booted from varsity cheerleader to junior varsity when she posted a Snapchat story which included several f-bombs and her middle finger.

Word got back to Mahanoy Area High School administrators and the cheerleading coach, who kicked Brandi off the cheer squad entirely.

The school district upheld the decision and Levy filed a lawsuit.

The story ignited a firestorm over what qualifies as free speech for public school students and how much control schools have over it.

Wednesday, the Supreme Court heard arguments in case 22-55, Mahanoy Area School District versus B-l.

On the point of disruption, attorneys for the school say internet and social media are everywhere, making the location of the post irrelevant, and what is said no less disruptive.

Attorneys on the other side argued that extending schools’ rights to govern student speech beyond the campus is having students “carry the schoolhouse on their backs where ever they go.”

The arguments were made considering what’s called the “Tinker test” referencing the case of Tinker versus Des Moines Schools from 1969 which defined students’ First Amendment rights.

Attorneys for the school urged the high court to narrow the scope of the Tinker precedent.

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