On June 30, 2020, in B.L. v. Manahoy Area School District, the United States Court of Appeal for the Third Circuit, which hears appeals from federal District Courts in Pennsylvania, New Jersey, Delaware, and the Virgn Islands, held for the first time that schools generally cannot discipline students for off-campus (out-of-school) speech, including social media posts.
There, a high school student made a profane Snapchat post showing her dissatisfaction with not making the varsity cheerleading team. The Snapchat post was made “away from campus, over the weekend, and without school resources, and she shared it on a social media platform unaffiliated with the school.” In response, the school determined that the post violated team and school rules and suspended her from the JV cheerleading team for the remainder of the season. The student's family sued. The United States District Court for the Middle District of Pennsylvania sided with the student and her family. The School District then appealed to the Third Circuit.
Coming to a somewhat different conclusion than other Courts of Appeal to decide the issue, the Third Circuit held that under the First Amendment, public schools cannot regulate “off-campus speech—that is, speech that is outside school-owned, -operated, or -supervised channels and that is not reasonably interpreted as bearing the school’s imprimatur,” unless it harasses or threatens violence against students or school staff.
McCausland Keen + Buckman represents individuals whose constitutional rights have been violated. If you or someone you know has been disciplined by a public school for out-of-school speech or conduct, please contact attorney Benjamin Picker at 610-341-1073 or bpicker@mkbattorneys.com for a legal evaluation.