Frank Lo Monte, Slate, March 29, 2021, writes that the Supreme Court case, B.L. v. Mahanoy Area School District presents an opportunity for the court to deliver a monumental decision in preserving student free speech rights. Lo Monte, former director of the Student Law Press Center, writes that in building on Tinker v. Des Moines, the court can allow students to engage in distasteful speech so long as the speech does not substantially disrupt school functions. A student cheerleader unleashed a profane tirade against a coach on Snapchat after hours and was disciplined by losing participation in a club activity for a year, seemingly a minor penalty. But, writes Lo Monte, “Once a category of speech loses its constitutional protection, that means any amount of punishment—even expulsion—is impervious to legal challenge. The fact that Levy lost “only” a discretionary privilege means nothing as a matter of constitutional law.”
Several have filed amicus briefs in favor of the student including a collection of student groups and Eugene Volokh with two other professors.