Tending the nurseries of democracy: Mahanoy Area School District v. B.L. and the future of student speech rights. Issue 1 (2nd January 2022)

• Record Type: Journal Article
• Authors: Herbeck, Dale A.
• Is Part Of: Communication and Democracy. Volume 56:Issue 1(2022)
• Page Start: 1
• Page End: 27
• Publication Date: 2022-01-02
• Subjects: Student speech -- free speech -- First Amendment -- Tinker -- Mahanoy
• DOI: 10.1080/27671127.2022.2061369
• Languages: English
• ISSNs: 2767-1127

Abstract

ABSTRACT: In Mahanoy Area School District v. B.L . (2021), the Supreme Court held a public school could not discipline a student for posting offensive snaps about her cheer team on social media. In an 8-to-1 decision siding with the student, the Justices reaffirmed Tinker v. Des Moines Independent Community School District (1969), a landmark decision by the Warren Court that extended speech rights to public school students. The majority in Mahanoy was, however, unwilling to "set forth a broad, highly general First Amendment rule stating just what counts as 'off-campus' speech and whether First Amendment standards must give way off-campus to the school's desire to prevent … disruption of learning-related activities." Instead, Justice Breyer offered a narrow opinion confined to the facts of the case that provides little practical guidance to students, school officials, and lower courts dealing with thorny issues related to off-campus speech. Further compounding matters, the "three features of off-campus speech" identified in his majority opinion will likely lead to more restrictions governing what students may say on their own time and using their own equipment.