On June 30, 2020, the U.S. Court of Appeals for the Third Circuit, in B.L. by Levy v. Mahanoy Area School District, ___ F.3d ___, 2020 U.S. App. LEXIS 20365 (3d Cir. June 30, 2020), broke from several of its sister circuits to rule that public school districts may not discipline students for certain off-campus electronic speech—even when such speech creates a “material and substantial interference with the requirements of appropriate discipline in the operation of the school,” the constitutional threshold set in 1969 by the U.S. Supreme Court in Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969).
Want to continue reading?
Become a Free ALM Digital Reader.
Benefits of a Digital Membership:
- Free access to 3 articles* every 30 days
- Access to the entire ALM network of websites
- Unlimited access to the ALM suite of newsletters
- Build custom alerts on any search topic of your choosing
- Search by a wide range of topics
*May exclude premium content
Already have an account? Sign In Now
Published at Thu, 06 Aug 2020 09:10:00 +0000