The Mercury News

Justices say cursing student is protected

- By Mark Sherman

WASHINGTON >> In the case of the cursing cheerleade­r, the Supreme Court notched a victory for the free speech rights of students Wednesday, siding with a high school student whose vulgar social media post got her kicked off the junior varsity squad.

The court voted 8-1 in favor of Brandi Levy, who was a 14-year-old freshman when she expressed her disappoint­ment over not making the varsity cheerleadi­ng team with a string of curse words and a raised middle finger on Snapchat.

Levy, of Mahanoy City, Pennsylvan­ia, was not at school when she made her post, but she was suspended from cheerleadi­ng activities for a year anyway. In an opinion by Justice Stephen Breyer, the high court ruled that the suspension violated Levy’s First Amendment freedom of speech rights. Justice Clarence Thomas dissented, noting he would have upheld the suspension.

The justices did not foreclose schools from disciplini­ng students for what they say off campus, though they did not spell out when schools could act. An earlier federal court ruling in this case would have barred public schools from punishing off-campus speech.

Despite ruling in Levy’s favor, Breyer wrote that “we do not believe the special characteri­stics that give schools additional license to regulate student speech always disappear when a school regulates speech that takes place off campus. The school’s regulatory interests remain significan­t in some off-campus circumstan­ces.”

 ?? DANNA SINGER — ACLU VIA AP ?? Brandi Levy wears her cheerleadi­ng outfit as she looks at her mobile phone on Wednesday in Mahanoy City, Pa.
DANNA SINGER — ACLU VIA AP Brandi Levy wears her cheerleadi­ng outfit as she looks at her mobile phone on Wednesday in Mahanoy City, Pa.

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