Mahanoy v. B.L. (2021)
Background Information
Understanding the facts and constitutional questions
🔗 Connecting to Our Guiding Question
When, if ever, should the government be allowed to limit a person's constitutional rights in order to protect the community?
This case asks: Should schools be able to limit students' First Amendment free speech rights (by punishing off-campus social media posts) to protect the school community from disruption and maintain team culture? Consider how this case balances individual rights to express frustration outside of school against the school's interest in maintaining discipline and positive school culture.
What Happened?
In 2017, a 14-year-old student named B.L. was a cheerleader at Mahanoy Area High School in Pennsylvania. She tried out for the varsity cheerleading team but did not make it. She would have to remain on the junior varsity team for another year.
That weekend, still upset about not making varsity, B.L. posted two images on Snapchat with extremely vulgar language and gestures expressing her frustration. She sent these posts to about 250 Snapchat friends, many of whom attended her school and some of whom were on the cheerleading team.
A teammate took screenshots of the posts and showed them to her mother, who was a cheerleading coach. The coaches were upset by the vulgar language and gestures, feeling that cheerleaders should be positive role models for the school.
The school suspended B.L. from the junior varsity cheerleading team for the entire upcoming year. The school said her posts violated team and school rules about conduct.
B.L. and her parents sued the school district, arguing that her First Amendment rights to free speech had been violated. They claimed the school had no authority to punish her for speech that occurred off-campus and outside of school hours.
The Big Question
Can schools punish students for speech posted on social media when they are off-campus and outside of school hours?
What You Need to Know
The First Amendment says:
"Congress shall make no law...abridging the freedom of speech..."
This protects people's right to express themselves, even when that expression is offensive or critical.
The key question is whether schools have authority over student speech that happens away from school, or whether their authority is limited to on-campus activities.
Important Facts
- B.L. made the posts on a weekend, away from school property
- She used vulgar language and made obscene gestures
- The posts were seen by many students and some cheerleaders
- No significant disruption occurred at school as a result
- B.L. was suspended from the team for an entire year
- This was the first major Supreme Court case about social media and student speech
Vocabulary
Argument Sorting Activity
Work with your group to sort these arguments
Instructions: Read each argument below and select which side it helps from the dropdown menu. When you're finished, click "Check Answers" to see your results.
The Two Sides
Mahanoy School District
Schools can regulate speech that targets school activities and disrupts the school environment, even if made off-campus. B.L.'s posts were directed at the school and affected team morale and discipline.
B.L.
Schools cannot punish students for speech made off school grounds on their own time. The First Amendment protects her right to vent frustration on social media outside of school hours.
| Argument | Answer |
|---|---|
| Most federal courts have ruled that schools can regulate student speech that affects the school, even when made off-campus. | |
| B.L. made her posts on a weekend, away from school property, using her personal social media account. | |
| Other courts have allowed schools to punish students for criticizing school officials online. | |
| B.L.'s posts contained no threats, harassment, or even mention of her specific school. | |
| Social media posts can be seen by many students and can spread quickly to cause disruption. | |
| The First Amendment protects students' right to express frustration and criticism. | |
| Cheerleaders represent the school and should maintain appropriate conduct at all times. | |
| Snapchat posts disappear quickly and are not permanent like other social media. | |
| Schools need authority to maintain discipline and positive culture in their programs. | |
| B.L. never required anyone to see her posts - they were shared with her chosen friends. | |
| With online learning, there is no clear separation between on-campus and off-campus activities. | |
| Allowing schools to punish off-campus speech gives them too much control over students' lives. | |
| The Court's decision in Tinker bars schools from punishing speech based on disagreement with the message. |
Key Terms for Arguments
Important concepts to understand when debating this case
Special conduct requirements for students who participate in extracurricular activities.
Someone who sets a positive example for others to follow.
Programs and teams that are officially part of the school.
Connecting to Today
How these constitutional questions still matter
Social media has transformed how students communicate - and created new challenges for schools. Consider these modern situations:
School Social Media Policies
Many schools now have policies about what students can post online, even from home. Some students have been suspended for posts criticizing teachers, coaches, or school policies.
Think about: Where does school authority end and personal freedom begin in the digital age?
Cyberbullying
Students sometimes use social media to bully classmates from home. Schools argue they need to address this behavior even if it happens off-campus because it affects the school environment.
Think about: Should schools be able to punish cyberbullying that happens entirely outside school?
24/7 Monitoring?
Some schools use software to monitor students' social media for concerning content. Critics say this invades privacy; supporters say it helps prevent violence and self-harm.
Think about: Is there a difference between punishing speech and monitoring for safety?
Discussion Questions
- If a student posts something at 10pm from their bedroom, should the school be able to respond?
- How do you balance students' free speech rights with protecting other students from online harassment?
- Does it matter if the post mentions the school by name versus being a general complaint?
Additional Resources
Go deeper with these resources