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Actually one of the issues in the case was whether she waived her 1st Am rights by voluntarily joining the team. https://casetext.com/case/us-v-levy-22 https:/
by joshuaheard 5y ago
Actually one of the issues in the case was whether she waived her 1st Am rights by voluntarily joining the team.
https://casetext.com/case/us-v-levy-22 https://casetext.com/case/us-v-levy-22
- kube-system 5y agoDid you post the wrong link? Looks like that's about a case regarding distribution of heroin in the 80s? I have not seen any analysis that suggests that the school district has used that argument, but I'd be interesting in reading it. The analysis here[0] (which is the most detailed I've seen) suggests that Mahanoy is arguing that this off-campus speech is causing on-campus harm. [0]: https://www.law.cornell.edu/supct/cert/20-255 https://www.law.cornell.edu/supct/cert/20-255
- joshuaheard 5y agoOops, sorry. Here is the correct link. https://casetext.com/case/bl-v-mahanoy-area-sch-dist-2 https://casetext.com/case/bl-v-mahanoy-area-sch-dist-2 In Part II B. iii Section B: "B.L. Did Not Waive Her Free Speech Rights", the court discusses the defense of waiver for voluntary activities with a separate code of conduct. "The School District next argues that by agreeing to certain school and team rules, B.L. waived her First Amendment right to post the “fuck cheer” snap. We disagree."
- kube-system 5y agoAh interesting. Looks like that claim was pretty strongly rejected though, as it should be.