Tuesday, November 02, 2021

Mahanoy: Bottom Line

 B.L.'s off-campus speech was protected by an 8 to 1 majority opinion primarily because, however vulgar, it was criticism of the rules of a government program (cheer squad)--and thus speech clearly within the First Amendment's "ordinary protection"--and was posted "outside of school hours" through "her personal cellphone to an audience consisting of her private circle of Snapchat friends."

The posts did not substantially disrupt classroom education, and any the school's "anti-vulgarity interest is weakened considerably by the fact that B.L. spoke outside the school on her own time."

Bottom line for the majority:

"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."

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