Widow looking for answers after Quebec man dies in Texas Ironman competition
The widow of a Quebec man who died competing in an Ironman competition is looking for answers.
In the case of the cursing cheerleader, the U.S. Supreme Court notched a victory for the free speech rights of students Wednesday, siding with a high school student whose vulgar social media post got her kicked off the junior varsity squad.
The court voted 8-1 in favor of Brandi Levy, who was a 14-year-old freshman when she expressed her disappointment over not making the varsity cheerleading team with a string of curse words and a raised middle finger on Snapchat.
Levy, of Mahanoy City, Pennsylvania, was not at school when she made her post, but she was suspended from cheerleading activities for a year anyway. In an opinion by Justice Stephen Breyer, the high court ruled that the suspension violated Levy's First Amendment freedom of speech rights. Justice Clarence Thomas dissented, noting he would have upheld the suspension.
The justices did not foreclose schools from disciplining students for what they say off campus, though they did not spell out when schools could act. An earlier federal appeals court ruling in this case would have barred public schools from punishing off-campus speech.
Despite ruling in Levy's favor, Breyer wrote that “we do not believe the special characteristics that give schools additional license to regulate student speech always disappear when a school regulates speech that takes place off campus. The school's regulatory interests remain significant in some off-campus circumstances.”
The case drew extra interest at a time of remote learning - because of the coronavirus pandemic - and a rising awareness of the harmful effects of online bullying.
The decision was a strong endorsement of students' right to speak freely, which the court first expressed more than a half century ago in defending armbands worn by high school students in protest of the Vietnam War, said Abner Greene, a constitutional law professor at the Fordham University School of Law in Manhattan.
“Students can engage in all kinds of critical or dissenting commentary, whether about the Vietnam War or the student cheerleading team, without losing their free speech rights. And it doesn't matter where they say it,” Greene said.
The case arose from Levy's posts, one of which pictured her and a friend with raised middle fingers and included the repeated use of a vulgarity to complain that she had been left off the varsity cheerleading squad.
“F--- school f--- softball f--- cheer f--- everything,” she wrote near the end of her freshman year, from a local convenience store, on a Saturday. Now 18, Levy recently finished her first year of college.
Levy's parents filed a federal lawsuit after the cheerleading coach learned of the posts and suspended her from the junior varsity team for a year. Lower courts ruled in Levy's favor, and she was reinstated.
The school district appealed to the Supreme Court after the broad appellate ruling that said off-campus student speech was beyond schools' authority to punish.
The dispute is the latest in a line of a cases that began with Tinker v. Des Moines, the Vietnam-era case of a high school in Des Moines, Iowa, that suspended armband-wearing students. In a landmark ruling, the Supreme Court sided with the students, declaring they don't “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.”
The court also held then that schools retained the authority to restrict speech that would disrupt the school environment.
Wednesday's ruling basically adopted the reasoning of Judge Thomas Ambro of the 3rd U.S. Circuit of Appeals in Philadelphia. Ambro agreed with the other two judges who decided Levy's case that the suspension was unwarranted, but only because what she did was not disruptive either to the cheerleading team or school.
Breyer wrote that Levy's case seemed less serious than its Vietnam-era predecessor.
“It might be tempting to dismiss B. L.'s words as unworthy of the robust First Amendment protections discussed herein. But sometimes it is necessary to protect the superfluous in order to preserve the necessary,” he wrote, using Levy's initials because that was how she was identified in the original lawsuit. Levy has granted numerous interviews allowing her name to be used.
Justice Samuel Alito wrote in a concurring opinion that school officials in Mahanoy got “carried away” in seeking to discipline Levy. “If today's decision teaches any lesson, it must be that the regulation of many types of off-premises student speech raises serious First Amendment concerns, and school officials should proceed cautiously before venturing into this territory,” Alito wrote.
The case was one of four the justices decided Wednesday as they approach their summer break. In the other cases, the court:
Eight cases remain to be decided, including a voting rights dispute which could affect legal challenges to voting measures put in place by Republican lawmakers in several states following last year's elections. More decisions are expected Friday.
------
Associated Press writer Jessica Gresko contributed to this report
The widow of a Quebec man who died competing in an Ironman competition is looking for answers.
Former NDP leader Tom Mulcair says that what's happening now in a trash-littered federal park in Quebec is a perfect metaphor for how the Trudeau government runs things.
The world is seeing a near breakdown of international law amid flagrant rule-breaking in Gaza and Ukraine, multiplying armed conflicts, the rise of authoritarianism and huge rights violations in Sudan, Ethiopia and Myanmar, Amnesty International warned Wednesday as it published its annual report.
A photographer who worked for Megan Thee Stallion said in a lawsuit filed Tuesday that he was forced to watch her have sex, was unfairly fired soon after and was abused as her employee.
Facing pushback from physicians and businesspeople over the coming increase to the capital gains inclusion rate, Prime Minister Justin Trudeau and his deputy Chrystia Freeland are standing by their plan to target Canada's highest earners.
The Senate passed legislation Tuesday that would force TikTok's China-based parent company to sell the social media platform under the threat of a ban, a contentious move by U.S. lawmakers that's expected to face legal challenges.
People living near a wildfire burning about 15 kilometres southwest of Peace River are being told to evacuate their homes.
The U.S. Senate has passed US$95 billion in war aid to Ukraine, Israel and Taiwan, sending the legislation to President Joe Biden after months of delays and contentious debate over how involved the United States should be in foreign wars.
A Winnipeg man said a single date gone wrong led to years of criminal harassment, false arrests, stress and depression.
The giant stone statues guarding the Lions Gate Bridge have been dressed in custom Vancouver Canucks jerseys as the NHL playoffs get underway.
A local Oilers fan is hoping to see his team cut through the postseason, so he can cut his hair.
A family from Laval, Que. is looking for answers... and their father's body. He died on vacation in Cuba and authorities sent someone else's body back to Canada.
A former educational assistant is calling attention to the rising violence in Alberta's classrooms.
The federal government says its plan to increase taxes on capital gains is aimed at wealthy Canadians to achieve “tax fairness.”
At 6'8" and 350 pounds, there is nothing typical about UBC offensive lineman Giovanni Manu, who was born in Tonga and went to high school in Pitt Meadows.
Kevin the cat has been reunited with his family after enduring a harrowing three-day ordeal while lost at Toronto Pearson International Airport earlier this week.
Molly Knight, a Grade 4 student in Nova Scotia, noticed her school library did not have many books on female athletes, so she started her own book drive in hopes of changing that.
Almost 7,000 bars of pure gold were stolen from Pearson International Airport exactly one year ago during an elaborate heist, but so far only a tiny fraction of that stolen loot has been found.