Mahanoy Area School District v. B. L.

Justia Opinion Summary and Annotations B.L. failed to make her school’s varsity cheerleading squad. While visiting a store over the weekend, B.L. posted two images on Snapchat, a social media smartphone application that allows users to share temporary images with selected friends. B.L.’s posts expressed frustration with the school and the cheerleading squad; one contained

Justia Opinion Summary and Annotations

B.L. failed to make her school’s varsity cheerleading squad. While visiting a store over the weekend, B.L. posted two images on Snapchat, a social media smartphone application that allows users to share temporary images with selected friends. B.L.’s posts expressed frustration with the school and the cheerleading squad; one contained vulgar language and gestures. When school officials learned of the posts, they suspended B.L. from the junior varsity cheerleading squad for the upcoming year.

The Third Circuit and Supreme Court affirmed a district court injunction, ordering the school to reinstate B. L. to the cheerleading team. Schools have a special interest in regulating on-campus student speech that “materially disrupts classwork or involves substantial disorder or invasion of the rights of others.” When that speech takes place off-campus, circumstances that may implicate a school’s regulatory interests include serious bullying or harassment; threats aimed at teachers or other students; failure to follow rules concerning lessons and homework, the use of computers, or participation in online school activities; and breaches of school security devices. However, courts must be more skeptical of a school’s efforts to regulate off-campus speech.

B.L.’s posts did not involve features that would place them outside the First Amendment’s ordinary protection; they appeared outside of school hours from a location outside the school and did not identify the school or target any member of the school community with vulgar or abusive language. Her audience consisted of her private circle of Snapchat friends. B.L. spoke under circumstances where the school did not stand in loco parentis. The school has presented no evidence of any general effort to prevent students from using vulgarity outside the classroom. The school’s interest in preventing disruption is not supported by the record.

Annotation

Primary Holding

A student’s off-campus posts on Snapchat, criticizing her school and containing vulgar language, are not subject to regulation by the school; the posts contained no special features, such as threats or bullying, that would place them outside the First Amendment’s ordinary protection.

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