Possible 1st amendment landmark cases - school suspending student for social media post.

[Climber]

This case, if taken up, could have enormous impact.

A Cheerleader's Vulgar Message Prompts a First Amendment Showdown

WASHINGTON — It was a Saturday in the spring of 2017, and a ninth grade student in Pennsylvania was having a bad day. She had just learned that she had failed to make the varsity cheerleading squad and would remain on junior varsity.

The student expressed her frustration on social media, sending a message on Snapchat to about 250 friends. The message included an image of the student and a friend with their middle fingers raised, along with text expressing a similar sentiment. Using a curse word four times, the student expressed her dissatisfaction with “school,” “softball,” “cheer” and “everything.”

Though Snapchat messages are ephemeral by design, another student took a screenshot of this one and showed it to her mother, a coach. The school suspended the student from cheerleading for a year, saying the punishment was needed to “avoid chaos” and maintain a “teamlike environment.”

The student sued the school district, winning a sweeping victory in the 3rd U.S. Circuit Court of Appeals, in Philadelphia. The court said the First Amendment did not allow public schools to punish students for speech outside school grounds.

I will be interesting to see how this plays out.

It's in a gray area, I can see both sides of the argument.

Let's keep Politics out of this, personal opinions, please, not political regurgitation.

 

[wazzuFreddo]

another student took a screenshot of this one and showed it to her mother, a coach.

 

[afm199]

Hey why is my Girlfriend's pic being posted?

 

[Blankpage]

^ Social media outbursts are not what’s keeping that broad on the phone from being a cheerleader

 

[AbsolutEnduser]

^ Social media outbursts are not what’s keeping that broad on the phone from being a cheerleader

Let me guess
a) it's because she's not charging her phone correctly, at home
b) it's because BP does not know the social media glow of her likeness?

 

[Blankpage]

Guess again

 

[Abacinator]

By all accounts, cheer is toxic af.

 

[Pushrod]

The courts are naive. They think cheerleaders have only one issue? Pass the popcorn, this is gonna' get entertaining.

 

[rodr]

I'm inclined to think that the school can decide who gets to be on the squad, even if the decision is based on something that occurred off-campus. The appeals court seemed to view it as punishment, but just because you don't like a consequence of your actions doesn't mean it is punishment.

 

[BillSmith]

Suspended from school? No. As I believe the 1st Amendment has application.

Suspended from a team? Why not? Differing standards and expectations of behavior.

As a coach, I'd disagree with the decision that I cannot sanction a student-athlete for behavioral issues outside of established norms. All programs with which I am familiar ask for the student-athlete and parents to adhere to a guideline for conduct that would include the incident as described.

Comments have consequences. This is an example.

If the dissatisfaction expressed has merit of malfeasance by the coach or program(s), then bring that to the fore. If it is just, "I'm not happy.", then express your dissatisfaction with your feet and leave the program.

 

[bojangle]

My thoughts.

The 9th grader showed exactly why she didn't make the varsity team as a reflection of herself through her messages.

9th graders can't sue anyone. Her parents are showing why she turned out the entitled way she did.

 

[gixxerjeff]

Testing the Supreme Court for some Section 230 shenanigans perhaps?
I'd say more but, Pol Sink.

 

[DesiDucati]

I agree that bad parenting is contributing why she behaved this way and her other negative behaviors are why she didn’t win admission to the team.

 

[CABilly]

My thoughts.

The 9th grader showed exactly why she didn't make the varsity team as a reflection of herself through her messages.

9th graders can't sue anyone. Her parents are showing why she turned out the entitled way she did.

Is there an age limit to human and civil rights? Why wouldn’t a 9th grade be able to sue anyone?

 

[bojangle]

Is there an age limit to human and civil rights? Why wouldn’t a 9th grade be able to sue anyone?

Minors can sue once they turn 18, or their parents can sue of their behalf. But minors, themselves, can't sue.

https://blogs.findlaw.com/injured/2....html#:~:text=They can't.,mean kids can't sue.

Minors also have limited rights, including limited first amendment rights.

https://family.findlaw.com/emancipa... rights under,gender, disability, or religion.

 

[CABilly]

Huh. I guess I can see it but it kind of sucks.

 

[Eldritch]

I find it extremely troubling, much as I find all Social Media, "Cancel Culture," troubling.

These; '"thought crime," witch hunts are a serious problem for our society.

 

[wazzuFreddo]

I find it extremely troubling, much as I find all Social Media, "Cancel Culture," troubling.

These; '"thought crime," witch hunts are a serious problem for our society.

I'm lucky there was no such thing as cell phone cameras or social media when I was in high school :laughing

 

[AbsolutEnduser]

I find it extremely troubling, much as I find all Social Media, "Cancel Culture," troubling.

These; '"thought crime," witch hunts are a serious problem for our society.

Looks like she should have kept her "thoughts" in her mind, or spoken amongst her classmates, say, in that case..

 

[Yakoo752]

I see nothing wrong here. She was not on school grounds and she made a public statement.

This is overreach by the school and they need to know their place.

I would take a full page ad out in the local newspaper and repeat the image there. See what their response is then. Bet it's very different.