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There was a big win for student free speech at the Supreme Court on Wednesday. In today’s pod, David and Sarah talk all about the long-awaited decision in Mahanoy Area School District v. BL, where the court ruled in favor of a high school cheerleader who was suspended from her team after posting a profanity-laden Snapchat. Our hosts discuss what Justice Stephen Breyer’s ruling means for free speech for students going forward and how much of an impact on schools it will actually have. They then analyze Samuel Alito’s concurrence and Clarence Thomas’ lone “curmudgeonly” dissent. Plus, a quick dive into Lange v. California, the “hot pursuit” Supreme Court case that limits when and how police officers can enter a home without a warrant.
Show Notes
Why has there been no discussion about the idea that this Angry Cheerleader (spoiled brat) does not have a right to be on the cheer squad? I would understand the upset if she were suspended from school. Then her right to education would be infringed. She was, in my mind justifiably, removed from a competitive position on a extracurricular activity.
I am assuming there are girls that would happily fill her spot on the JV squad and/or softball team. If the coaches believe her behavior to be detrimental to the team, why can't they make that call?
Maybe I am getting old, but if I would have behaved like this Angry Brat (I think is a more apt description), and rightly removed from the soccer team (sport I tried out for and earned a position at the coaches discretion) my parents would have marched my a$$ into the principles office to apologize and beg for my spot back.
Her free speech was not infringed, I think myself pretty absolutist in that regard. Her privilege to a spot on a competitive team, to which she has no right to be on, was justifiably taken away. This is all bonkers to me, as somebody who participated in competitive sports (high school and private).
What am I missing???
Re: Thomas wanting to beat children with sticks . . . you should look up the Vermont case he likes. The 'discipline' for the student in that case was being whipped by the teacher with rawhide.