JS Ex Rel. Snyder v. Blue Mountain School Dist.

FISHER, Circuit Judge,

dissenting, with whom SCIRICA, RENDELL, BARRY, JORDAN, and VANASKIE, Circuit Judges, join.

Today’s holding severely undermines schools’ authority to regulate students who “materially and substantially disrupt the work and discipline of the school.” Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S. 503, 513, 89 S.Ct. 733, 21 L.Ed.2d 731 (1969). While I agree with the majority’s apparent adoption of the rule that off-campus student speech can rise to the level of a substantial disruption, I disagree with the Court’s application of that rule to the facts of this case.…