Fascinating case argued today before the Supreme Court that will have massive implications for the free speech of all high school and college athletes. See below Thread!

A H.S. cheerleader who didn't make squad created an F bomb filled snapchat & referenced the school & squad. She was suspended

14 year old Brandi Levy then sued the school for violating her First Amendment rights to free speech. The case reached SCOTUS and was argued today with more than three dozen briefs submitted by concerned parties including at the college level about the effects of the decision

If the Court allows the discipline then athletic teams and schools could begin suspending student athletes based on their social media posts. A key issue became the location of the conduct. Levy was off campus, posting on her free time to her own account. Is her speech protected?

A prior SCOTUS decision is very relevant. In Tinker v. Des Moines, students wore armbands to protest the Vietnam war & were disciplined. Court ruled student speech is protected unless officials believe it would cause substantial disruption. Does Tinker apply to off campus speech?

The High School says yes, the student says no. SCOTUS will decide. Meanwhile, the Solicitor General who is fighting for athletes in the Alston case regarding college athlete compensation & NIL, is actually siding with the H.S. on this case!

University of Denver professor Justin Marceau argues that allowing schools to discipline and oversee social media postings of students could shutter free speech, be disruptive and prevent campaigns like #NotNCAAProperty and social justice issues.

Meanwhile schools say not regulating social media posts, especially ones directed at the school and athletic teams could disrupt morale, impair the team, influence school relations and even prevent discipline for online harassment and bullying. And lead to lots of lawsuits.

Just had to throw that James Van Der Beek GIF in because I used to love Dawson's Creek. Gosh I miss 90s sitcoms. Anyway, decision to come this summer! Here are the oral arguments from today! https://www.supremecourt.gov/oral_arguments/audio/2020/20-255