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Mahanoy Area School District v. B.L.

Docket No. Op. Below Argument Opinion Vote Author Term
20-255 3rd Cir. Apr 28, 2021 Jun 23, 2021 8-1 Breyer OT 2020

Holding: The school district"s decision to suspend student Brandi Levy from the cheerleading team for posting to social media (outside of school hours and away from the school"s campus) vulgar language and gestures critical of the school violates the First Amendment.

Judgment: Affirmed, 8-1, in an opinion by Justice Breyer on June 23, 2021. Justice Alito filed a concurring opinion, in which Justice Gorsuch joined. Justice Thomas filed a dissenting opinion.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
08/28/2020Petition for a writ of certiorari filed. (Response due October 1, 2020)
09/21/2020Motion to extend the time to file a response from October 1, 2020 to November 30, 2020, submitted to The Clerk.
09/28/2020Motion to extend the time to file a response is granted and the time is extended to and including November 30, 2020.
10/01/2020Brief amici curiae of Pennsylvania School Boards Association and Pennsylvania Principals Association filed.
10/01/2020Brief amici curiae of National School Boards Association, et al. filed.
11/30/2020Brief of respondents B.L., a minor, by and through her father Lawrence Levy and her mother Betty Lou Levy in opposition filed.
12/14/2020Reply of petitioner Mahanoy Area School District filed.
12/16/2020DISTRIBUTED for Conference of 1/8/2021.
01/08/2021Petition GRANTED.
02/22/2021Brief of petitioner Mahanoy Area School District filed.
02/22/2021Joint appendix filed. (Statement of costs filed)
02/24/2021Brief amici curiae of Cyberbullying Research Center, et al. filed.
03/01/2021Brief amicus curiae of United States filed.
03/01/2021Brief amici curiae of National School Boards Association, et al. filed.
03/01/2021Brief amici curiae of Massachusetts, et al. in support of neither party filed.
03/01/2021Brief amicus curiae of Nation Education Association in support of neither party filed.
03/01/2021Brief amici curiae of National Association of Pupil Services Administrators and Pennsylvania Association of Pupil Services Administrators filed.
03/01/2021Brief amici curiae of Pennsylvania School Boards Association and Pennsylvania Principals Association filed.
03/01/2021Brief amici curiae of First Amendment and Education Law Scholars filed.
03/01/2021Brief amici curiae of The Huntsville, Alabama City Board of Education, et al. filed.
03/01/2021Brief amicus curiae of American Center for Law and Justice in support of neither party filed.
03/12/2021SET FOR ARGUMENT on Wednesday, April 28, 2021.
03/15/2021Record requested.
03/24/2021Brief of respondent B.L., a minor, by and through her father Lawrence Levy and her mother Betty Lou Levy filed.
03/26/2021Brief amici curiae of Pacific Legal Foundation, et al. filed. (Distributed)
03/29/2021Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
03/30/2021CIRCULATED
03/30/2021Brief amicus curiae of Parents Defending Education filed. (Distributed)
03/30/2021Brief amici curiae of Liberty Justice Center, et al. filed. (Distributed)
03/31/2021Brief amicus curiae of Life Legal Defense Foundation filed. (Distributed)
03/31/2021Brief amici curiae of Alliance Defending Freedom and Christian Legal Society filed. (Distributed)
03/31/2021Brief amicus curiae of The Independent Women's Law Center filed. (Distributed)
03/31/2021Brief amicus curiae of College Athlete Advocates filed. (Distributed)
03/31/2021Brief amici curiae of Law and Education Professors filed. (Distributed)
03/31/2021Brief amici curiae of Americans for Prosperity Foundation and The Rutherford Institute filed. (Distributed)
03/31/2021Brief amici curiae of The National Women's Law Center, et al. filed. (Distributed)
03/31/2021Brief amici curiae of Jane Bambauer, Ashutosh Bhagwat, and Eugene Volokh filed. (Distributed)
03/31/2021Brief amici curiae of School Discipline Professors filed. (Distributed)
03/31/2021Brief amicus curiae of The Becket Fund for Religious Liberty filed. (Distributed)
03/31/2021Brief amici curiae of States of Louisiana, et al. filed. (Distributed)
03/31/2021Brief amicus curiae of First Liberty Institute filed. (Distributed)
03/31/2021Brief amici curiae of Current and Former Student School Board Members filed. (Distributed)
03/31/2021Brief amici curiae of Advancement Project, Juvenile Law Center, et al. filed. (Distributed)
03/31/2021Brief amici curiae of Student Press Law Center, et al. filed. (Distributed)
03/31/2021Brief amicus curiae of VanHo Law filed. (Distributed)
03/31/2021Brief amici curiae of Mary Beth Tinker & John Tinker filed. (Distributed)
03/31/2021Brief amici curiae of HISD Student Congress, et al. filed. (Distributed)
03/31/2021Brief amici curiae of Foundation for Individual Rights in Education, et al. filed. (Distributed)
03/31/2021Brief amici curiae of Teachers, School Administrators, and the National Council of Teachers of English filed. (Distributed)
03/31/2021Brief amici curiae of The Electronic Frontier Foundation, et al. filed. (Distributed)
04/05/2021Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
04/16/2021Reply of petitioner Mahanoy Area School District filed. (Distributed)
04/28/2021Argued. For petitioner: Lisa S. Blatt, Washington, D. C.; and Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: David D. Cole, of Washington, D. C.
06/23/2021Adjudged to be AFFIRMED. Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Alito, Sotomayor, Kagan, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Alito, J., filed a concurring opinion, in which Gorsuch, J., joined. Thomas, J., filed a dissenting opinion.
07/26/2021JUDGMENT ISSUED.