Notable Items:

Student speech NOT limited further. Comports with Alito's redline stated in his concurrance to Morse v. Frederick (2007) .
Tinker criterion limited by
  • Tinker v. Des Moines Independent Community School District (1969)
  • Bethel School District v. Fraser (1986)
  • Hazelwood-Kuhlmeier (1988)
  • Morse v. Frederick (2007) regarding illegal drug use. Alito sets this as as standing at the far reaches of what [restriction of student speech] the First Amendment permits.
  • Mahanoy Area School District v. B. L. (2020)
    Petitioner: Mahanoy Area School District
    Respondent: B. L., a minor, by and through her father, Lawrence Levy and her mother, Betty Lou Levy
    Venue: Supreme Court of the United States
    Opinion of the Court: Mahanoy Area School District v. B. L. (2020)

    Material Facts:

    Procedural History:

    Petitioner's Claim(s):

    First Amendment claim of a violation of respondent's rights of freedom of speech.


    Did the school’s decision to suspend the respondent for one year from the cheerleading team in response to respondent's posting on social media violate the First Amendment.

    Holding(s) and Disposition:

    Held: Yes. The judgement of the Third Circuit is therefore affirmed.
    Disposition: No further action.


    Breyer majority opinion (Roberts, Alito, Sotomayor, Kagan, Gorsuch, Kavanaugh, Barrett)

    Alito concurrance (Gorsuch)

    Thomas dissent

    Full Recounting of Facts

    Majority Full Argument

    Alito Concurrance Full Argument