Posted on 06/24/2021 8:55:59 AM PDT by yesthatjallen
The Supreme Court on Wednesday sided with a Pennsylvania cheerleader punished for a vulgar message shared on Snapchat, with the justices ruling the school violated the student's First Amendment rights when it disciplined her for the off-campus rant.
The high court ruled 8-1 in favor of the cheerleader, Brandi Levy, with Justice Stephen Breyer writing the majority opinion. Justice Clarence Thomas dissented.
While the Supreme Court found Levy's school went too far when it punished her for her social media posts, which are entitled to First Amendment protections, Breyer wrote there is some student speech that takes place off campus that schools can regulate, such as bullying or harassment and threats aimed at teachers or other students.
"[W]e 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," he wrote. "The school's regulatory interests remain significant in some off-campus circumstances."
The dispute centered around a message Levy posted to Snapchat on a Saturday in 2017 after learning she didn't make her school's varsity cheerleading team as a rising sophomore. In an act of frustration, Levy, then 14 and a freshman in the Mahanoy Area School District, shared with her 250 followers a self-deleting Snapchat of her and a friend raising their middle fingers, captioned with the uncensored message, "f**k school f**k softball f**k cheer f**k everything."
SNIP
(Excerpt) Read more at cbsnews.com ...
“Oh put down the crack pipe. If I go online and cuss out my employer, I’ll be fired before the day is done.
As it should be.”
Public schools are government entities. Are you saying we cannot criticize the government?
No. Re-read what I said.
Had that been me, my father would have grounded me for life. She’s a tacky, spoiled, foul mouth kid and I was surprised to see her father appearing on camera rooting her on. I was a cheerleader back in the day and was kicked off for smoking. I was petrified my parents would find out so I told them I quit. I later joined Drill Team - they were more lenient, but I learned my lesson how to act when representing my school.
If they are, it’s gone back to before the Boomer era. Plenty of videos of old men swearing like sailors. It’s not unique to the newer generations.
She wasn’t kicked off the cheer squad. She didn’t make the cheer squad and that’s why she did the snap cussing the school.
The snip doesn’t say what the discipline was.
A long time ago, there was the concept that what you did on your own time was ... well, YOUR time and you could do any legal activity. You know ... freedom.
Then the left starting pushing their cancel culture and they are trying to change it so that you have to conform to their agenda, not only at work, but in school, home and out in public as well.
Good to see that people are getting tired of this BS and are pushing back with lawsuits. Will it be enough? I dont know.
No, that’s pretty much what you implied.
Also, you are advocating that a business can fire you for wearing a Trump shirt and posting a pic of it to social media. Good to know that you’re one of *those* people.
You are way beyond projecting. You are now making crap up.
What’s wrong with you?
I’ve advocated nothing except what I’ve said. Stop putting words or ideas where they don’t belong.
I agree that if you diss your employer on social media, which casts a black mark on an employers reputation, you should be fired.
However, supposedly, the public is the employer of government entities. We financially support them, and the government’s reputation is the worst it has ever been.
If I am a student, and want to cuss out my school for whatever reason, I should have the right to do that.
It is the parents responsibility, not the schools, to punish that behavior.
If you would, you know, actually read the article, you might find out what happened.
“Posts to Snapchat automatically delete after 24 hours, but one of Levy’s friends, a fellow cheerleader, took a screenshot of her photo and accompanying caption. The image circulated among the cheerleading squad, eventually reaching one of the cheerleading coaches. The coaches decided Levy violated team and school rules governing student conduct, and she was suspended from the cheerleading squad for her sophomore year.”
So, yes, she did get booted off the squad in the end.
From the snip:
The dispute centered around a message Levy posted to Snapchat on a Saturday in 2017 after learning she didn't make her school's varsity cheerleading team as a rising sophomore.
and from a link in the actual article [yes I read the article don't tell anyone...]
The coaches decided Levy had violated team and school rules governing student conduct, and she was removed from the cheerleading team for her sophomore year as punishment.
It says, in part "The dispute centered around a message Levy posted to Snapchat on a Saturday in 2017 after learning she didn't make her school's varsity cheerleading team as a rising sophomore.
So FOAD bitch it's not clear. Have a terrible day.
What I’ve read was that the student violated the schools standard of conduct. The Student Handbook laid out specific do’s and don’ts and she broke the rules by her profane snapchat.
Which lead to her NOT being selected to the Cheer Squad.
This may or may not be actual and factual, but consider this:
Clarence Thomas is the most conservative Justice there is. The rest are hardcore liberals and moderate Repubs.
I deeply respect his position; I trust his ruling over the rest.
You believe violations of someone’s first amendment rights isn’t important?
So, she complains about not making the varsity team (as most people would do) and that deserves a ban from any level of the sport?
What’s with this weird spanking fetish on this site? No man should be spanking his 14-year-old daughter.
Mild corporal discipline is ok for ages 2 & up, but once a child reaches adolescence, it no longer works.
She was a rude kid acting up, but the school had no place to discipline her. Both parents should have just taken away her phone for a while.
Besides, cheerleading is dumb.
Pennsylvania Ping!
Please ping me with articles of interest.
FReepmail me to be added to the list.
She probably made it to the JV squad and was angry about not making varsity. High school is so puerile.
This is a critical ruling!
It says free speech extends to social media.
ie you can’t attack or ban people from employment based on what they say on social media.
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