Legal Opinion

B.L. by and through Levy v. Mahanoy Area School District

District Court, M.D. Pennsylvania

Decided March 21, 2019No. 3:17-CV-01734PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM

A. Richard Caputo, United States District Judge *432This case raises the question of whether a public school can lawfully remove a student from an extracurricular activity for her profanity, transmitted off school grounds on a Saturday to fellow students. Plaintiff B.L., a student at Mahanoy Area High School, was dismissed from the cheerleading squad for uttering "fuck school, fuck softball, fuck cheer, fuck everything" off school grounds on a Saturday. I hold that B.L.'s words were constitutionally protected by the First Amendment.

Indeed, I granted B.L.'s motion for a preliminary…

2Cases cited57 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  5. Graham v. ConnorSupreme Court of the United States · 1989

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3Cited by2 opinions

  1. Place v. Warren Local School District Board of EducationDistrict Court, S.D. Ohio · 2023
  2. Whalen, Mark v. MacKenzie, DanaDistrict Court, W.D. Wisconsin · 2024

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