SCOTUS Decision Re Mahanoy Area v. B.L.: B.L.’s Discipline is Overturned, But who “Won” the Case? (June 26, 2021)

On Wednesday, June 25, 2021, the US Supreme Court (SCOTUS) ruled on the Mahanoy Area School District appeal in the free speech case of  Mahanoy Area v. B.L.. While the decision was obviously a loss for Mahanoy with respect to the discipline of B.L., it is also seen by some as an overall a victory for public schools (and Mahanoy generally), in that they were able to get the “Tinker doesn’t apply at all to off-campus speech” rule from the Third Circuit overturned. The Court also reaffirmed a school’s authority to discipline for off-campus bullying and harassment, at least when it is serious.  So, from the school’s standpoint, the decision was not a total loss and may have actually been a “win.”.

To read a more in-depth analysis of the decision, click here.

PAPSA had submitted an Amicus Curaie Brief in support of the school district in this case, which can be viewed by clicking here.