Post Mahanoy Update Considering disciplining a student for off-campus speech? Proceed with caution, the Supreme Court says. The Court held 8-1 in Mahanoy Area School District v. B.L. that because the interests of the school in regulating the particular speech in question were diminished given their content and off-campus setting, the student’s one-year suspension from the cheerleading squad was a violation of her First Amendment rights. A Limited but Significant Holding Rather than a bright-line rule prohibiting regulation of off-campus speech, the Supreme Court sided with the plaintiff largely based on its long-lasting precedent in Tinker v. Des Moines (1969), which limits regulation on most school speech… read more »
Sometimes, Song Lyrics Are Not Free Speech
Article by: Jeffrey L. Rehmeyer II, Esquire Recently, the Pennsylvania Supreme Court ruled that a music video that ordered violence against two specific police officers was not protected Free Speech. Jamal Knox and Rashee Beasley were both arrested for drug and weapons charges. While the charges were pending, they wrote and recorded a rap song entitled, ”F_ _k the Police,” which was put on video with still photos of Knox and Beasley displayed in a montage. In the photos, the two are looking into the camera and motioning as if firing weapons. The video was then uploaded to YouTube by… read more »