SCOTUS Rules in Favor of Snapchat Cheerleader’s First Amendment Rights

On June 23, 2021 the U.S. Supreme Court, in Mahanoy Area School District v. B.L., No. 20-255, 594 U.S. __(2021), affirmed (8-1) a Third Circuit decision that a school’s subjecting a cheerleader to disciplinary action for an off-campus vulgar “Snapchat” post violated her First Amendment rights. Justice Breyer delivered the majority opinion, in which Justices Roberts, Alito, Sotomayor, Kagan, Gorsuch, Kavanaugh, and Barrett joined; Justice Alito filed a concurring opinion, in which Justice Gorsuch joined; and Justice Thomas filed a dissenting opinion. (I wrote about oral argument in the case here.)

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