A cheerleader that made just a few F-Bomb comments that were posted online while she was not on campus were not disruptive and protected under the First Amendment the Supreme Court ruled.
Brandi Levey posted a series of curse words known as F- Bombs in 2017 on Snapchat. At the time she was a 14-year-old high school cheerleader in Pennsylvania . She was mad because she did not win a promotion from the junior varsity to the varsity cheerleading term.
However, in an 8-1 vote, the Supreme court declared that school administrators are allowed to punish student speech that occurs online or off campus if it truly is disruptive to classroom study.
She was suspended from the team for having bad disruptive behavior Her parents and her parents decided to go to court. They felt the that the school should not have punished her for off-campus speech, online or anywhere and or spoken out loud at a Starbucks across the street from school as what happened in this case.
A federal appeals court sided with Brandi, with a final decision that school officials do not have authority to punish students for speech that occurs in places unconnected to the school.
“While public schools may have a special interest in regulating some off-campus student speech, the special interests offered by the school are not sufficient to overcome B. L.’s interest in free expression in this case,” Justice Stephen Breyer wrote for the court’s majority.
In a dissent, Justice Clarence Thomas wrote that the school was right to suspend Levy because students like her “who are active in extracurricular programs have a greater potential, by virtue of their participation, to harm those programs.”