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First Amendment › Students › Student Speech

The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech... more +
The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary. less -
Sands Anderson PC

Protecting Protests on Private Campuses

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After criticism of her testimony before Congress on antisemitism on college campuses, the President of the University of Pennsylvania, Liz Magill, resigned. And, at Pomona College, authorities arrested a professor who...more

Pollock Cohen LLP

What I Wish I Knew Then: Nadine Strossen

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In "What I Wish I Knew Then" (New York Law Journal, March 22, 2024), Nadine Strossen, former President of the ALCU and Professor Emerita of Constitutional Law at New York Law School, dives into issues of particular interest...more

Jenner & Block

Client Alert: The Supreme Court Declines to Weigh in on Dispute over Campus Speech Policies

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On March 4, 2024, the Supreme Court vacated the Fourth Circuit Court of Appeals’ judgment in a case challenging Virginia Tech’s bias intervention and response team policy, instructing the court to dismiss the case as moot. ...more

Alston & Bird

Lessons Higher Education Can Learn from Recent First Amendment Litigation

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Our Education Team parses a pair of First Amendment cases that directly affect colleges’ and universities’ free speech policies for employees and students....more

Cohen Seglias Pallas Greenhall & Furman PC

What do I do if my freedom of speech is violated at my university?

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College campuses have traditionally been considered bastions of free speech, where students can express their views and engage in robust discussions without fear of censorship or retaliation....more

Franczek P.C.

School District’s Discipline of Students for Off-Campus Speech Affirmed by Ninth Circuit Court of Appeals

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A recent Ninth Circuit Court of Appeals decision held that school officials did not violate students’ First Amendment rights when disciplining them for off-campus social media posts that amounted to severe harassment...more

Miller Nash LLP

Off Campus, but Still Within Reach: Ninth Circuit Affirms a Public High School’s Right to Discipline Students for Online...

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As anticipated, the Ninth Circuit has waded back into the choppy waters of student online and off-campus speech following the U.S. Supreme Court’s June 2021 ruling in Mahanoy Area School District v. B.L and found that a...more

Tucker Arensberg, P.C.

School District’s Discipline for Off-Campus Social Media Post Violated Student’s First Amendment Free Speech Rights

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In re Appeal of G.S., 269 A.3d 718, 722 (Pa. Commw. Ct. 2022), appeal denied, 61 MAL 2022, 2022 WL 2447538 (Pa. July 6, 2022) (The Pennsylvania Commonwealth Court determined that the expulsion of a student for a social media...more

Bond Schoeneck & King PLLC

General Counsel's Corner: Student Social Media and Free Speech on Campus

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Free speech on campus—and off—has become a flashpoint for U.S. colleges and universities. Students’ ability to post their comments and concerns online, to forward messages to others for whom they may not have been intended,...more

Jaburg Wilk

The First Amendment Protects Only Some Arizona Students

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Many students are generally familiar with the First Amendment of the Constitution, but they often overlook that it only confers the right “to petition the Government for a redress of such grievances.” As a result, only...more

Tucker Arensberg, P.C.

The Authority to Punish Lewd Speech is Limited Once a Student Exits School Grounds

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Mahanoy Area Sch. Dist. v. B. L. by and through Levy, 141 S. Ct. 2038 (2021). The United States Supreme Court holds that while schools can sometimes regulate student speech that takes place off-campus, the school district...more

Saiber LLC

U.S. Supreme Court Upholds Student’s Off-Campus Free Speech Rights

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The September 1, 2020 Trending Law Blog post discussed how the United States Court of Appeals for the Third Circuit in Mahanoy Area School District v. B.L., 964 F.3d 170 (2020), upheld a public school student’s First...more

Proskauer Rose LLP

Three Point Shot - Summer Edition 2021

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Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. ...more

Husch Blackwell LLP

Supreme Court Rules On Student Off Campus Speech: Mahanoy Area School District v. B.L.

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On June 23, 2020, in an 8-1 decision, the Supreme Court ruled that the Mahanoy Area School District’s decision to suspend a student from the cheerleading team for posting vulgar language and gestures on social media (outside...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights Newsletter - June 2021: The Big F Word: The [F]irst Amendment

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Can our kids still curse about the misery of high school? The U.S. Supreme Court recently held that a school district violated a teenager’s First Amendment rights when school administrators suspended the teenager, B.L.,...more

Fisher Phillips

June 2021: The Top 19 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights Newsletter - June 2021

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[co-authors: Patrick Murray, Risa Rahman, and Jae Bandeh] The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return...more

Jackson Lewis P.C.

Supreme Court Weighs In On School Regulation Of Students’ Social Media Speech

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Last week, the U.S. Supreme Court held that a Pennsylvania school district went too far when it suspended a student from participation in the school’s cheerleading squad based on “vulgar” comments made about the coach on the...more

Weber Gallagher Simpson Stapleton Fires &...

United States Supreme Court Rules in Favor of Cheerleader Who Published Critical Social Media Post in Free-Speech Case

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On June 23, 2021, in Mahanoy Area School District v. B.L., the United States Supreme Court ruled a Pennsylvania school district violated the First Amendment rights of a cheerleader by disciplining her for her profanity-laden...more

Rumberger | Kirk

Cursing Cheerleader Wins at Supreme Court, but Schools Retain Ability to Punish Certain Off-Campus Speech

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In the colorfully known “cursing cheerleader” case, the U.S. Supreme Court found a student’s school violated her First Amendment rights. In an 8-1 decision authored by Justice Breyer and decided Wednesday, June 23, 2021, the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

SCOTUS and Social Media: What Employers Can Learn from the Court’s Recent Ruling about a Student’s Posts

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On June 23, 2021, the Supreme Court of the United States issued its decision in Mahanoy Area School District v. B.L., No. 20-255 (2021), holding that a student’s off-campus social media posts critical of her school...more

Fox Rothschild LLP

Schools Must Revisit Rules About Off-Campus Speech In Light Of Supreme Court Ruling

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The U.S. Supreme Court left many unanswered questions in its recent decision about the power of schools to punish a student’s off-color, off-campus speech. Although the justices ruled in favor of the student, they left the...more

Davis Wright Tremaine LLP

“F--- school, f--- softball, f--- cheer, f--- everything,” Except First Amendment Protections for Student Speech

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Last week, the U.S. Supreme Court issued its highly anticipated ruling in Mahanoy Area School District v. B. L., No. 20-255, (U.S. June 23, 2021), upholding students' free speech rights for the first time since 1969. In an...more

Clark Hill PLC

U.S. Supreme Court Rules that School Cannot Punish Student for Vulgar Social Media Posts

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On June 23, the United States Supreme Court ruled in Mahoney Area School District (the “District”) v. B.L., et al (the “Student”), 594 U.S. ___ (2021). The District suspended the Student from the cheerleading team for an...more

Pillsbury Winthrop Shaw Pittman LLP

U.S. Supreme Court Holds that School Violated Cheerleader’s First Amendment Rights

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Mahanoy Area Sch. Dist. v. B.L. holds that the First Amendment barred a public high school from taking disciplinary action against a student for vulgar speech that took place outside of school hours and away from the school’s...more

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