B.L. v. Mahanoy Area School District

Over the weekend, while away from school, a public-high-school student (plaintiff) who was frustrated with not making the varsity cheerleading team took a photograph of herself with her middle finger raised. The student posted the photograph to her Snapchat story visible to 250 friends, including fellow students, and wrote a caption with inappropriate language. The social-media platform was unaffiliated with the school and the student was not using school resources. The student’s teammates and fellow students showed screenshots of the photograph and caption to the two cheerleading coaches. The coaches suspended the student from the cheerleading team for a year for violating team and school rules related to inappropriate conduct. The student’s parents (plaintiffs) appealed this decision to the athletic director, the school principal, the superintendent of the Mahanoy Area School District (school district) (defendant), and the school board, all of whom upheld the coaches’ decision. The student and her parents brought an action in the district court against the school district, arguing that the student’s off-campus internet speech was entitled to full protection under the First Amendment to the United States Constitution. The school district argued that the photograph and caption were likely to disrupt substantially the school’s cheerleading program and that the student’s free-speech rights did not prevent her suspension. The district court ruled that the school district violated the student’s free-speech rights by punishing her for off-campus, protected internet speech and granted summary judgment in her favor. The school district appealed.