The First Amendment for Students
“Public Schools are nurseries for democracies.”
The June 23, 2021 US Supreme Court’s ruling supports Student Free Speech off campus. Today’s technology has created a very slippery slope in regards to Student Free Speech and the school’s role in protecting and disciplining students. The Mahanoy Area School District v. B.L. case involves a student who did not make the Varsity Cheer Squad and posted two snapchat images which included vulgar images and gestures while at a convenience store off campus. When the school found out, the student was suspended from participating on the Junior Varsity Cheer Squad. The Supreme Court decision points to three reasons in protecting Student Free Speech:
Parents are responsible for disciplining their children’s online behavior.
If we punish everyone for their online behavior, students would have NO Free Speech.
Public Schools are the “nurseries for democracy.”
The Majority Opinion by Stephen G. Breyer cites Tinker V Des Moines in the decision. The 8-1 ruling, with Justice Thomas dissenting, is “an occasion for dancing in the streets for people who care about Free Speech.”
Learn More about First Amendment Rights and Limitations for Students during our very special Constitution Day presentation of Ask the Expert featuring First Amendment Expert David L. Hudson Jr. to learn more about the First Amendment in Schools.
Ask the Expert is a monthly interactive webinar series. We invite teachers, students, administrators, and community members to participate.
Learn More
Check out the short video from the National Constitution Center, Supreme Court Decides Student Free Speech Case, https://constitutioncenter.org/interactive-constitution/town-hall-video/supreme-court-decides-student-free-speech-case.
The Supreme Court Decision, https://www.supremecourt.gov/opinions/20pdf/20-255_g3bi.pdf and https://www.oyez.org/cases/2020/20-255 . Oyez
Tinker V Des Moines Case, https://www.oyez.org/cases/1968/21. Oyez
Students are passionate about their Free Speech Rights. This is a great case to get your students engaged.
Identify Free Speech issues within their own school or community—Connecting to Project Citizen
Case Evidence for We The People
Primary Source Evidence for History Day