The American Civil Liberties Union of Pennsylvania sued Mahanoy Area School District on behalf of the student, referred to in court documents as B. L., in September 2017 after the high school sophomore was dismissed from the junior varsity squad for posting "negative information" about cheerleading online. B.L., No. took to the photo-sharing app Snapchat to express her anger of not making the squad while at a local store with a friend. The district had argued that schools could punish students for out-of-school speech and that the "Cheerleading Rules" prohibiting athletes from disrespectful behavior and the posting of negative information have an educational purpose and did not violate the First Amendment. The mission of the Mahanoy Area School District in cooperation with parents and community members, is to provide diverse practical educational opportunities, to enhance each student's self-esteem, to develop individual talents and interests which will encourage students to achieve their full potential, and to become productive citizens in an ever-changing, global society. The Mahanoy Area School District of Pennsylvania, which currently serves 11,000 residents and 1,100 students -- wants to keep wasting local and … Utilizamos cookies, próprios e de terceiros, que o reconhecem e identificam como um usuário único, para garantir a melhor experiência de navegação, personalizar conteúdo e anúncios, e melhorar o desempenho do nosso site e serviços. Jacqueline Dormer/Republican-Herald via AP. B.L. The Mahanoy Area School District has filed for review in the U.S. Supreme Court. In its petition , the school district writes: “This case presents an ideal vehicle for resolving a critically important and acknowledged circuit conflict over whether public K-12 schools may discipline students for any off-campus speech.” In an update to our October 2017 article on B.L. Mahanoy Area High School cheerleaders celebrate a boys' basketball team win. Looks like your browser doesn't support JavaScript. An incoming freshman made the varsity team. "Cheerleading has always been important to her not withstanding that she once chose to blow off some steam and express frustration with the Snapchat post that led to the ruling yesterday and all of this litigation," Tack-Hooper told BuzzFeed News Friday. US District Court Judge A. Richard Caputo on Thursday ruled that the social media post was protected speech and ordered the school district to pay nominal damages of $1 and to remove any record of disciplinary action against B. L. B. L.'s attorney Molly Tack-Hooper said her client was relieved by the judge's ruling. Want to see more stories like this? She filed a lawsuit. On June 30, 2020, in a precedential decision the Third Circuit Court of Appeals in B.L. was a high school cheerleader in the Mahanoy Area School District (the “School District”). That led to the girl being suspended from the junior varsity squad and her parents filing a lawsuit. Caputo declined to address the legality of the rules in his decision Thursday. Pa. Oct. 5, 2017). 3:17-CV-1734, 2017 WL 4418290 (M.D. Pa. Oct. 5, 2017). A Pennsylvania high school violated the rights of a cheerleader when it punished her for posting an expletive-laced message on social media, a federal appeals court has ruled.. The Supreme Court says it will hear the case involving a high school cheerleader from Schuylkill County. B.L. ET. As expected, the Mahanoy Area School District has asked the Supreme Court to consider the Third Circuit’s decision in B.L. … “Schools have historically used the ‘disruption’ standard to punish students for criticizing what’s happening at school,” Walczak said. The ACLU argued the case for the student, who was in 10th grade when she filed the lawsuit in 2017. The court said the First Amendment did not allow public schools to punish students for speech outside school grounds. "They had argued that the fact that she was in cheerleading meant that they had greater power to punish her," Tack-Hooper said. Caso não concorde com o uso cookies dessa forma, você deverá ajustar as configurações de seu navegador ou deixar de acessar o nosso site e serviços. A student at Mahanoy Area posted a … Mahanoy Area v. B.L. By Kaylee Lindenmuth SCRANTON, Lackawanna County – A federal court in Lackawanna County yesterday ruled in favor of a Mahanoy Area student, who contended the school district violated her free speech rights when a social media post led to her removal from a cheerleading squad. The post was a photo of her and a friend holding up their middle fingers with the words "fuck school fuck softball fuck cheer fuck everything" superimposed across the photo. “F*ck school, f*ck softball, f*ck cheer, fuck everything,” she wrote, with a photo of herself giving the middle finger. Mahanoy Area School District v. B.L. Dist. You might still get a payout. sued the Mahanoy Area School District, claiming that it had violated her rights to free speech. The case has major First Amendment implications for students and schools alike. Mahanoy Area School District on Friday appealed a federal judge’s ruling overturning the attempt to discipline a cheerleader for her out-of-school computer postings. In B.L. Close to the end of her freshman year, she failed to make her school’s varsity cheerleading team for the second year in a row. Ao continuar com a navegação em nosso site, você aceita o uso de cookies. B.L. The message blasted the high school and its cheerleading program. “This is an important decision because it recognizes that students who are outside of school enjoy full free speech rights, not the diluted rights they have inside the schoolhouse,” Witold Walczak, legal director of the ACLU of Pennsylvania, said in a news release. This case started in 2017. The cheerleader, identified in court documents by the initials B.L, had posted a picture of herself and a friend with their middle fingers up and and a message that included expletives aimed at the school, the team and “everything.” It was available only to the student’s friends, one of whom shared the post with the cheerleading coach. did not make the varsity squad for the 2017-18 school year at Mahanoy Area School District. She was reinstated under a temporary restraining order and graduated last year. Next month, at its first private conference after the holiday break, the Supreme Court will consider whether to hear the case, Mahanoy Area School District v. A high school cheerleader can’t be punished for posting an expletive-laced message on social media, a federal appeals court in Philadelphia ruled Tuesday in what the American Civil Liberties Union called “the most expansive ruling on students’ off-campus speech rights in the country.”. B.L., a minor, over the school’s handling of a student’s expletive-laced Snapchat post from four years ago. v. Mahanoy Area Sch. As a result, the district kicked the female student off the junior varsity cheerleading squad. MAHANOY CITY – The Mahanoy Area free speech lawsuit is headed to the highest court in the land. 2020) found that a school had violated student B.L’s First Amendment rights by suspending her from the JV cheer team due to a picture she posted on snapchat. On campus, they can be disciplined for speech that creates a substantial disruption. The court didn’t accept that argument, saying: “It is hard to believe a reasonable student would understand that by agreeing to the Respect Rule, she was waiving all rights to malign the school once safely off campus and in the world at large.”, Krause wrote that giving school administrators the power to quash offensive student expression could metastasize “into the power to censor valuable speech and legitimate criticism.”. "Hopefully, this ruling makes it clear that, no, schools don't get to punish kids for swearing on their own time just because they happen to be athletes.". 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