In a decision that was announced this week, the Supreme Court ruled that a high school in Pennsylvania violated a sophomore’s right to free speech when they suspended her for using foul language on Snapchat. Back in 2017, Brandi Levy, who was disappointed when she didn’t make the varsity cheerleading squad, vented on Snapchat ““F— school f— softball f— cheer f— everything,” the 14-year-old, frustrated at the prospect of another year on the junior-varsity team, wrote on her cellphone, posting a photo of herself and a friend extending middle fingers.” (Bravin, Supreme Court Rules for High-School Cheerleader Brandi Levy in Free-Speech Case Over Snapchat Post, 2021)
For the 8-1 decision, Justice Breyer wrote the majority opinion and in it he stressed that schools cannot censor the speech of students on or off campus as long as what they are saying is not “substantially disruptive.” (Sherman, 2021) This means that schools can still punish students for cyber-bullying or for making threats online – those would be “substantially disruptive” and could maybe stop something like a school shooting. In a concurring opinion, Justice Alito wrote “If today’s decision teaches any lesson, it must be that the regulation of many types of off-premises student speech raises serious First Amendment concerns, and school officials should proceed cautiously before venturing into this territory.” (Sherman, 2021)
This decision is important because even though the language she used was offensive and inappropriate the first amendment still protects her due to freedom of speech. I completely agree with the Supreme Court's decision to rule in favor of Brandy levy because students shouldn’t be threatened with suspension for voicing their opinions even if it is vulgar.
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