Sat. Oct 24th, 2020

Tinkering With ‘Tinker’: 3d Cir. School Districts May No …

Tinkering With ‘Tinker’: 3d Cir. School Districts May No …

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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).

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Published at Thu, 06 Aug 2020 09:10:00 +0000

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