Shutterstock.com Tinkering With 'Tinker': 3d Cir. School Districts May No Longer Discipline Students for Certain Off-Campus Speech
In rejecting the approach of other circuits, the majority in 'B.L. by Levy' opined that some decisions which deployed 'Tinker' to uphold punishment of offensive off-campus speech may have encompassed too much non-harmful speech.
August 06, 2020 at 12:00 PM
10 minute read
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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