376 F. Supp. 3d 429
M.D. Penn.2019Background
- B.L., a Mahanoy Area High School junior, was suspended from the junior varsity cheerleading squad for one year after posting a private Snapchat selfie on a Saturday with the caption "fuck school fuck softball fuck cheer fuck everything."
- The coaches enforced pre-existing Cheerleading Rules signed by B.L. that forbid foul language and "negative information" about cheerleading on the internet; the coaches adopted and enforced these rules without direct District authorization.
- The Snap was posted off school grounds on a private account viewable briefly by ~250 friends; some viewers were fellow students and cheerleaders who shared screenshots with coaches.
- Coaches testified they disciplined B.L. primarily because her post referenced cheerleading and contained profanity; coaches said their goal was to maintain team unity and avoid "chaos."
- B.L. sued for declaratory and injunctive relief asserting a First Amendment violation; the district court had previously granted a preliminary injunction and, on summary judgment, held that the District violated B.L.’s First Amendment rights and granted B.L. summary judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether B.L.'s off-campus profane Snapchat was protected speech | B.L.: off-campus, private post; protected under First Amendment (Tinker/J.S.); Fraser inapplicable off-campus | District: coaches may regulate extracurricular participants; speech disrupted team/school mission; Fraser or Tinker justify discipline | Held: Speech protected; Fraser cannot justify punishment for off-campus profanity; District violated B.L.'s First Amendment rights |
| Whether B.L. waived First Amendment rights by signing Cheerleading Rules | B.L.: no valid waiver; conditioning participation on waiver is coercive and not proven | District: signing the application and rules amounted to voluntary waiver | Held: No clear, voluntary, knowing waiver; waiver not proved and conditioning on waiver coercive |
| Whether the District is liable for coaches' actions (Monell) | B.L.: District approved/ratified the Rules and delegated authority; thus liable | District: coaches’ acts not vicariously attributable; no official policy identified | Held: District admitted approval/ratification and delegation; Monell argument fails; District liable |
| Whether removal from extracurricular activity raises no First Amendment concern because there's no right to participate | B.L.: First Amendment inquiry is separate from any property/Due Process interest in participation | District: no constitutional right to extracurriculars so removal is less scrutinized | Held: Rejected; First Amendment protection independent of property interest in participation; exclusion can violate speech rights |
Key Cases Cited
- Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S. 503 (student speech protected absent material and substantial disruption)
- Hazelwood Sch. Dist. v. Kuhlmeier, 484 U.S. 260 (schools may regulate school-sponsored speech for legitimate pedagogical concerns)
- Bethel Sch. Dist. No. 403 v. Fraser, 478 U.S. 675 (schools may prohibit lewd, vulgar, or profane language in certain on-campus contexts)
- Morse v. Frederick, 551 U.S. 393 (schools may restrict speech reasonably viewed as promoting illegal drug use)
- J.S. ex rel. Snyder v. Blue Mountain Sch. Dist., 650 F.3d 915 (3d Cir.) (Fraser inapplicable to off-campus profane speech; off-campus speech not automatically on-campus)
- Layshock ex rel. Layshock v. Hermitage Sch. Dist., 650 F.3d 205 (3d Cir.) (off-campus online criticism protected)
- Doninger v. Niehoff, 642 F.3d 334 (2d Cir.) (schools subject to First Amendment review when limiting extracurricular participation for speech)
- Vernonia Sch. Dist. 47J v. Acton, 515 U.S. 646 (student-athletes may accept greater regulation in certain contexts)
- K.A. ex rel. Ayers v. Pocono Mountain Sch. Dist., 710 F.3d 99 (3d Cir.) (student likely to succeed on First Amendment challenge to restriction on in-school expressive activity)
- Seamons v. Snow, 206 F.3d 1021 (10th Cir.) (coach-authority can create district liability when authority to decide team membership is delegated)