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When 14-year-old Brandi Levy had a temper tantrum on Snapchat four years ago, little did she know she would pay for her outburst and become the poster child for off-campus free speech rights. The former high school cheerleader was punished for her online conniption by Pennsylvania’s Mahanoy Area High School, and whether school authorities had the right to discipline her has been argued on up the legal food chain to the U.S. Supreme Court. In what many are saying will likely prove to be a “momentous decision,” Levy has landed at the center of the free speech maelstrom.
On its face, the off-campus speech rights of public school students appears to be an open-and-shut case for lovers of liberty; however, Levy’s legal battle is filled with nuance and carries with it many complex contours. It all began when the cheerleader had a meltdown and threw out the F-bomb on the social media platform Snapchat. The fact that everything on Snapchat is erased within 24 hours mattered not because her outburst was noticed by school officials who used it as the reason to suspend her from the cheerleading squad.
What resulted was four years of legal battles before numerous courts. Even the Biden administration has weighed in on this one. Still, this case has an uncommon mix of political alliances. Imagine the Pennsylvania American Civil Liberties Union and the Alliance Defending Freedom and the Christian Legal Society on the same side? David Cole, the attorney set to argue the case in front of the Supreme Court this week, was quoted in a prominent Washington newspaper as saying, “You won’t find another case in the past decade with such a diverse range of groups on the same side.” Strange political bedfellows, indeed.
Central to determining an outcome is the query: Where does the schoolyard end? Not only was Levy’s rant posted only on a social media platform rather than uttered on the school grounds – but also was done on the weekend and not connected to a school event per se. So, what could be the problem here?
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