(Washington, D.C.) – The U.S. Supreme Court ruled students have robust First Amendment rights when not at school, but that public schools can intervene in limited circumstances, such as to prevent bullying or harassment. In an 8-1 decision, the Supreme Court ruled Wednesday that a high school cheerleader who used expletives on her personal social media account, off school grounds, and on a weekend, should not have been suspended from the cheerleading team for her actions and the punishment violated her First Amendment rights.
In their decision, the court held that public schools must meet a heavy burden if they attempt to regulate off-campus political or religious speech, and said there is a need to protect unpopular expression. This ruling protects the rights of students of color to advocate for civil rights. The court also said that while schools have a “diminished” interest in regulating off-campus student speech, schools can still intervene to protect students and teachers from bullying and harassment.
The following is a statement from Damon Hewitt, president and executive director of the Lawyers’ Committee for Civil Rights Under Law:
“Our nation’s schools must be free from bullying and harassment. The court ensured that schools can regulate certain types of off-campus speech, but not for political or religious reasons, or to punish unpopular opinions. This is a victory for students of color, as they will be protected from harassment that impedes their ability to learn. It also protects students’ rights to speak their mind and engage politically to advocate for racial and social justice.”
Background:
The case, B.L. vs. Mahanoy Area School District, drew the attention of civil rights groups, who were concerned that a negative ruling would have silenced student voices and also be used to exacerbate discipline referrals for students of color. The Lawyers’ Committee for Civil Rights Under Law, National Women’s Law Center, Lambda Legal, and 30 other organizations submitted an amicus brief outlining their concerns and the need for a pointed ruling.
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About the Lawyers’ Committee for Civil Rights Under Law – The Lawyers’ Committee for Civil Rights Under Law (Lawyers’ Committee), a nonpartisan, nonprofit organization, was formed in 1963 at the request of President John F. Kennedy to involve the private bar in providing legal services to address racial discrimination. The principal mission of the Lawyers’ Committee for Civil Rights Under Law is to secure, through the rule of law, equal justice for all, particularly in the areas of voting rights, criminal justice, fair housing and community development, economic justice, educational opportunities, and hate crimes. For more information, please visit https://lawyerscommittee.org.
