What the Supreme Court's 'cursing cheerleader' decision means for students' free speech rights

In an 8-1 decision, the Supreme Court on Wednesday sided with "cursing cheerleader" Brandi Levy, who was suspended from her cheerleading squad after sharing an off-campus, profanity-laced Snapchat criticizing both her Pennsylvania high school and her team, The New York Times reports.
By removing her from the cheer team, the school district violated Levy's First Amendment rights, the majority determined in the biggest student speech case "to land before the Supreme Court in 50 years," the Times and CBS News report. Only Justice Clarence Thomas dissented.
Notably, the ruling failed to adopt "clear cut" guidelines that justify a school's interference in student speech when off grounds. Instead, the majority opinion penned by Justice Stephen Breyer purports that while public schools may have "special interest" in regulating off-campus speech, the "special interests" offered by the school in this particular case were not enough to overcome Levy's "interest in free expression."
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
The Court was, however, sure to reject the idea that schools can never regulate off-campus speech, especially in instances of "serious or severe bullying," threats, and "breaches of school security devices," a defection from a previous decision in favor of Levy by the U.S. Court of Appeals for the Third Circuit that categorically barred schools from regulating off-campus speech entirely, the Times reports.
Read more at The New York Times.
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Brigid Kennedy worked at The Week from 2021 to 2023 as a staff writer, junior editor and then story editor, with an interest in U.S. politics, the economy and the music industry.
-
How China is battling the chikungunya virus
Under The Radar Thousands of cases of the debilitating disease have been found in the country
-
Deep thoughts: AI shows its math chops
Feature Google's Gemini is the first AI system to win gold at the International Mathematical Olympiad
-
Book reviews: 'Face With Tears of Joy: A Natural History of Emoji' and 'Blood Harmony: The Everly Brothers Story'
Feature The surprising history of emojis and the brother duo who changed pop music
-
US, China extend trade war truce for 90 days
Speed Read The triple-digit tariff threat is postponed for another three months
-
Europe counters Putin ahead of Trump summit
Speed Read President Trump will meet with Russian President Vladimir Putin in Alaska this week for Ukraine peace talks
-
Israeli security cabinet OKs Gaza City takeover
Speed Read Netanyahu approved a proposal for Israeli Defense Forces to take over the largest population center in the Gaza Strip
-
How China uses 'dark fleets' to circumvent trade sanctions
The Explainer The fleets are used to smuggle goods like oil and fish
-
Thailand, Cambodia agree to ceasefire in border fight
Speed Read At least 38 people were killed and more than 300,000 displaced in the recent violence
-
Israel 'pauses' Gaza military activity as aid outcry grows
Speed Read The World Health Organization said malnutrition has reached 'alarming levels' in Gaza
-
US and EU reach trade deal
Speed Read Trump's meeting with European Commission President Ursula von der Leyen resulted in a tariff agreement that will avert a transatlantic trade war
-
At least 12 dead in Thai-Cambodian clashes
Speed Read Both countries accused the other of firing first