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Social media and teenagers are a natural pair, and many parents worry about the challenges presented by platforms like TikTok and Snapchat. However, few anticipate that their teen’s social media posts could escalate to a Supreme Court case. Yet, that’s precisely what unfolded with the Thompson family.
The controversy began when 14-year-old Jamie Thompson expressed her frustrations with Mahanoy Area High School’s varsity cheerleading team on Snapchat. After not making the squad, she shared a post with her 250 friends, captioning a photo with, “Forget school, forget softball, forget cheer, forget everything,” while holding up her middle fingers.
As with all Snapchat posts, her rant vanished after 24 hours, and she presumed it was over. It wasn’t.
According to The Washington Post, an adolescent outburst and the ensuing adult reaction have reached the Supreme Court, where the case could redefine how the First Amendment’s free speech protections apply to the off-campus activities of the nation’s 50 million public school students.
Despite the snap disappearing, someone took a screenshot, and Jamie’s rant reached the coach’s daughter. Following complaints from several cheerleaders, the coaches suspended Jamie from the team for the entire year. Disagreeing with the decision, Jamie’s parents sought help from the ACLU, and the issue progressed through the courts until it landed at the U.S. Supreme Court.
Justin Driver, a law professor at Yale and author of “The Schoolhouse Gate: Public Education, the Supreme Court, and the Battle for the American Mind,” has labeled it “the most significant case” concerning student speech in over half a century, which isn’t an exaggeration. The implications of this case could be monumental.
Since the landmark Tinker v. Des Moines Independent Community School District case in 1969, which established that students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate,” there hasn’t been a case with such potential ramifications. However, Tinker also stated that student free speech rights do not extend to actions that create or are likely to create a “material and substantial” disruption to school functions.
When considering Jamie’s case, initial reactions might be instinctive. However, the matter isn’t simple.
While Jamie was not on school property when she posted her rant, it took place on a weekend. Conversely, students often must adhere to codes of conduct, and she was not denied her right to public education; she was merely removed from the cheer team. Jamie had signed a cheerleading code that mandated “respect” and prohibited “negative information” from being shared while part of the team.
The school district contended in its brief to the Supreme Court that decisions regarding team membership should be left to coaches and school administrators rather than federal courts. “The First Amendment is not a tool for micromanaging school determinations,” they argued.
The case enters a complex area of digital communication, with the school district asserting that restrictions on speech are necessary to prevent bullying and other harmful behaviors. The Biden administration, which supports the district’s case, highlighted various situations where school intervention is required.
Their brief stated, “The laws in the District of Columbia and at least 25 states require schools to address off-campus harassment or bullying that substantially disrupts the school environment or interferes with other students’ rights.” They noted that harmful behaviors do not cease during non-school hours.
On the other side, advocates argue that this case is not about online bullying. “Schools need to manage cyberbullying,” stated Alex Martinez, head of the Pennsylvania ACLU. “Where we differ is the extent of authority given to schools regarding these issues. We believe the school district’s approach is an overreach.”
Jamie’s father echoed these sentiments, expressing that the school exceeded its authority. “If they had just spoken to her, it would have been sufficient. But their actions went beyond what they should have done,” said Greg Thompson, Jamie’s dad.
As if the situation weren’t complex enough, the case has garnered support from nine Republican state attorneys general, along with 100 organizations and 250 individuals backing Jamie’s lawsuit.
This case undoubtedly poses significant implications for students’ free speech rights, both on and off school grounds. Given the current makeup of the Court and Chief Justice Roberts’ inclination to uphold a broad interpretation of the First Amendment, Jamie might have a favorable outcome. However, the case also involves extracurricular activities beyond the classroom, raising the question of whether this is about government infringement on free speech or facing consequences for one’s actions.
Regardless of the Court’s decision, this case serves as a critical learning opportunity for teens, emphasizing that freedom of speech does not equate to freedom from consequences. Moreover, in the realm of digital communication, nothing is ever truly “private,” and screenshots endure long after the original disappears.
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Summary
The case of Jamie Thompson, a teenager suspended from her cheerleading team for a Snapchat rant, has escalated to the U.S. Supreme Court, raising important questions about student free speech rights off-campus. This situation reflects broader implications for how public school students can express themselves online and the consequences they may face.