Dan Eaton on US Supreme Court’s struggle with student free speech case
SAN DIEGO (KUSI) – Today, the Supreme Court will face the argument of whether or not public schools have the right to discipline students for something they have said off-campus.
The case was spurred by 14-year-old Brandi Levy getting suspended from her junior varsity cheerleading team by posting to Snapchat some profanity-laced content related to her school in Mahanoy City, Pennsylvania.
With the changing times and rising tides of social media platforms such as Twitter, Instagram and TikTok, schools and now the highest court in the land will decide whether or not content that can be quickly shared and seen by school officials are exempt from the discipline of school officials.
On the day of the case’s hearing, Dan Eaton, KUSI Legal Analyst, joined KUSI’s Logan Byrnes on Good Evening San Diego to discuss the details of the case.
“There is some right to regulate speech that has substantial disruption over school operations and the court has extended that to include school-sanctioned or school-supervised events that are off-campus,” Eaton began, going on to say that the question the court is attempting to answer is what happens when that speech occurs off-campus and at neither a school-sanctioned nor a school-supervised event and doesn’t rise to the level of harassment.