Evan Miller Analyzes Implications of SCOTUS First Amendment Decision

In his contributed article for The Recorder, associate Evan Miller reviews the U.S. Supreme Court’s June 23 decision in Mahanoy Area School District v. B.L. The decision restricted the ability of public schools to regulate the off-campus speech of students, while also leaving open the question of when, where and how schools may regulate students’ First Amendment rights.

The Mahanoy decision comes more than 50 years after the landmark Tinker v. Des Moines Independent Community School District decision, which held that public school students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” According to Evan, the Mahanoy decision “describes three ‘features’ to be considered when determining if a public school is entitled to the special First Amendment leeway afforded by Tinker.” Evan breaks down the three features and examines a possible reason for the court’s hesitation to establish a bright-line rule.

To read the full article, visit The Recorder.