News & Analysis as of

Disciplinary Proceedings First Amendment

Tucker Arensberg, P.C.

Confidentiality Provision of Educator Discipline Act Ruled Unconstitutional

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Pennsylvania’s Educator Discipline Act governs educator misconduct complaints filed with the Department of Education for investigation and, if warranted, discipline. 24 Pa. Stat. Ann. § 2070.9. Once a misconduct complaint is...more

Pullman & Comley - Labor, Employment and...

Disciplining Employees for Offensive Private Speech: Connecticut Employers Must Show Workplace Disruption

Employers in Connecticut need to be aware that Connecticut law makes the free speech provisions of both the First Amendment to the United States Constitution and those of the Connecticut Constitution applicable to...more

Franczek P.C.

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

Franczek P.C. on

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

Franczek P.C.

Supreme Court Agrees to Hear Case of Former Football Coach Who Prayed on the Field after School District Told Him No

Franczek P.C. on

In 2019, we reported on the case of Kennedy v. Bremerton School District involving a football coach at Bremerton High School in Washington state who was placed on administrative leave by his public school district for praying...more

Saiber LLC

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

Saiber LLC on

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.

Husch Blackwell LLP on

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

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

Fisher Phillips on

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

[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

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

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

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

Clark Hill PLC on

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

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

CDF Labor Law LLP

SCOTUS Decides Two Cases with Labor and Employment Law Implications

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The United States Supreme Court recently issued two decisions related to California labor and employment law.  In one decision, the Court held that a California regulation allowing labor organizers a right to access...more

Miller Canfield

Supreme Court Holds Public School Regulation of Off-Campus Student Speech Violates 1st Amendment

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On June 23, 2021, the Supreme Court held in Mahanoy Area School District v. B.L that a public school may not regulate off-campus student speech where there is no substantial disruption of school activities. In Mahanoy, a...more

BCLP

Supreme Court Issues Decision in Closely Watched Student Social Media Case

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On June 23, 2021, the Supreme Court issued its decision in the closely-watched case of Mahanoy Area School District v. B.L. The decision, which upheld the Third Circuit’s ruling for a high school cheerleader suspended from...more

Jackson Walker

U.S. Supreme Court Rules High School Cheerleader Cannot Be Disciplined for Criticizing School’s Decision Keeping Her Off Varsity...

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For the first time in over 50 years, a high school student has won a free speech case in the Supreme Court. In a narrow decision issued on June 23, 2021, an 8-1 majority (including all but Justice Clarence Thomas) ruled that...more

Foley Hoag LLP

Supreme Court Upholds Student First Amendment Rights, Limits School District Authority to Discipline for Off-Campus Speech

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The United States Supreme Court today released its opinion in Mahanoy Area School District v. B.L., holding that the First Amendment protects most student speech from school disciplinary measures if such speech was not made...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Mahanoy Area School District v. B.L.

On June 23, 2021, the U.S. Supreme Court decided Mahanoy Area School District v. B.L., holding that a Pennsylvania public high school violated a student’s First Amendment rights when it suspended her from the cheerleading...more

Bricker Graydon LLP

What happens at the Cocoa Hut, stays at the Cocoa Hut: U.S. Supreme Court determines school district’s discipline of cheerleader...

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In a June 23, 2021, decision that reviewed the Mahanoy Area School District’s discipline of a cheerleader, the U.S. Supreme Court determined that the Third Circuit Court of Appeals had reached the right determination, but for...more

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