For the first time since 2007, the United States Supreme Court has weighed-in on student free speech rights under the First Amendment. In Mahanoy Area School District v. B.L., the high court addressed for the first time the parameters and limits for schools’ regulation of student off-campus speech. In this episode, host Devon Lincoln breaks down the Supreme Court’s decision and its implications for California school districts with Lozano Smith student speech experts Mike Smith and Sloan Simmons.

Show Notes & References

1:58 - Tinker v. Des Moines Independent Community School District (1969) 393 U.S. 503
4:00 – Bethel School District v. Fraser (1986) 478 U.S. 675
5:58 – Hazelwood School District et al. v. Kuhlmeier et al. (1988) 484 U.S. 260
8:05 – Statutory framework in Education Code (Ed. Code §§ 48907, 48950)  

9:34 – Morse v. Frederick (2007) 551 U.S. 393
11:58 – Mahanoy Area School District v. B.L. (June 23, 2021) 594 U.S. ___
19:56 – School district limitations on regulating off-campus speech
24:35 – Types of behavior subject to regulation under B.L.
33:02 – Impact of B.L. in California
39:27 – Vernonia School District 47J v. Acton (1995) 515 U.S. 646
40:43 – T.V. v. Smith-Green Community School Corporation (N.D. Ind. 2011) 807 F.Supp.2d 767

43:31 – J.C. ex rel. R.C. v. Beverly Hills Unified School District (C.D. Cal. 2010) 711 F.Supp.2d 1094 (Client News Brief 53 - December 2009)

46:25 – Wynar v. Douglas County School Dist. (9th Cir. 2013) 728 F.3d 1062 (Client News Brief 59 - September 2013)
48:48 – C.R. v. Eugene School District 4J (9th Cir., Sept. 1, 2016) 835 F.3d 1142 (Client News Brief 65 - September 2016)
51:34 – Shen v. Albany Unified School District (9th Cir. 2016) 835 F.3d 1142 (Client News Brief 87 - December 2017)

55:36 – McNeil v. Sherwood School District 88J (9th Cir. 2019) 918 F.3d 700 (Client News Brief 30 - June 2019)

 

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