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Mahanoy Area School District v. B.L.

Docket No.20-255
Op. Below3rd Cir.
ArgumentApr 28, 2021

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 Stephen G. Breyer on Jun 23, 2021. Justice Alito filed a concurring opinion, in which Justice Gorsuch joined. Justice Thomas filed a dissenting opinion.

Proceedings & orders timeline

Aug 28, 2020
Petition for a writ of certiorari filed. (Response due October 1, 2020)
Sep 21, 2020
Motion to extend the time to file a response from October 1, 2020 to November 30, 2020, submitted to The Clerk.
Sep 28, 2020
Motion to extend the time to file a response is granted and the time is extended to and including November 30, 2020.
Oct 1, 2020
Brief amici curiae of Pennsylvania School Boards Association and Pennsylvania Principals Association filed.
Oct 1, 2020
Brief amici curiae of National School Boards Association, et al. filed.
Nov 30, 2020
Brief of respondents B.L., a minor, by and through her father Lawrence Levy and her mother Betty Lou Levy in opposition filed.
Dec 14, 2020
Reply of petitioner Mahanoy Area School District filed.
Dec 16, 2020
DISTRIBUTED for Conference of 1/8/2021.
Jan 8, 2021
Petition GRANTED.
Feb 22, 2021
Brief of petitioner Mahanoy Area School District filed.
Feb 22, 2021
Joint appendix filed. (Statement of costs filed)
Feb 24, 2021
Brief amici curiae of Cyberbullying Research Center, et al. filed.
Mar 1, 2021
Brief amicus curiae of United States filed.
Mar 1, 2021
Brief amici curiae of National School Boards Association, et al. filed.
Mar 1, 2021
Brief amici curiae of Massachusetts, et al. in support of neither party filed.
Mar 1, 2021
Brief amicus curiae of Nation Education Association in support of neither party filed.
Mar 1, 2021
Brief amici curiae of National Association of Pupil Services Administrators and Pennsylvania Association of Pupil Services Administrators filed.
Mar 1, 2021
Brief amici curiae of Pennsylvania School Boards Association and Pennsylvania Principals Association filed.
Mar 1, 2021
Brief amici curiae of First Amendment and Education Law Scholars filed.
Mar 1, 2021
Brief amici curiae of The Huntsville, Alabama City Board of Education, et al. filed.
Mar 1, 2021
Brief amicus curiae of American Center for Law and Justice in support of neither party filed.
Mar 12, 2021
SET FOR ARGUMENT on Wednesday, April 28, 2021.
Mar 15, 2021
Record requested.
Mar 24, 2021
Brief of respondent B.L., a minor, by and through her father Lawrence Levy and her mother Betty Lou Levy filed.
Mar 26, 2021
Brief amici curiae of Pacific Legal Foundation, et al. filed. (Distributed)
Mar 29, 2021
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Mar 30, 2021
CIRCULATED
Mar 30, 2021
Brief amicus curiae of Parents Defending Education filed. (Distributed)
Mar 30, 2021
Brief amici curiae of Liberty Justice Center, et al. filed. (Distributed)
Mar 31, 2021
Brief amicus curiae of Life Legal Defense Foundation filed. (Distributed)
Mar 31, 2021
Brief amici curiae of Alliance Defending Freedom and Christian Legal Society filed. (Distributed)
Mar 31, 2021
Brief amicus curiae of The Independent Women's Law Center filed. (Distributed)
Mar 31, 2021
Brief amicus curiae of College Athlete Advocates filed. (Distributed)
Mar 31, 2021
Brief amici curiae of Law and Education Professors filed. (Distributed)
Mar 31, 2021
Brief amici curiae of Americans for Prosperity Foundation and The Rutherford Institute filed. (Distributed)
Mar 31, 2021
Brief amici curiae of The National Women's Law Center, et al. filed. (Distributed)
Mar 31, 2021
Brief amici curiae of Jane Bambauer, Ashutosh Bhagwat, and Eugene Volokh filed. (Distributed)
Mar 31, 2021
Brief amici curiae of School Discipline Professors filed. (Distributed)
Mar 31, 2021
Brief amicus curiae of The Becket Fund for Religious Liberty filed. (Distributed)
Mar 31, 2021
Brief amici curiae of States of Louisiana, et al. filed. (Distributed)
Mar 31, 2021
Brief amicus curiae of First Liberty Institute filed. (Distributed)
Mar 31, 2021
Brief amici curiae of Current and Former Student School Board Members filed. (Distributed)
Mar 31, 2021
Brief amici curiae of Advancement Project, Juvenile Law Center, et al. filed. (Distributed)
Mar 31, 2021
Brief amici curiae of Student Press Law Center, et al. filed. (Distributed)
Mar 31, 2021
Brief amicus curiae of VanHo Law filed. (Distributed)
Mar 31, 2021
Brief amici curiae of Mary Beth Tinker & John Tinker filed. (Distributed)
Mar 31, 2021
Brief amici curiae of HISD Student Congress, et al. filed. (Distributed)
Mar 31, 2021
Brief amici curiae of Foundation for Individual Rights in Education, et al. filed. (Distributed)
Mar 31, 2021
Brief amici curiae of Teachers, School Administrators, and the National Council of Teachers of English filed. (Distributed)
Mar 31, 2021
Brief amici curiae of The Electronic Frontier Foundation, et al. filed. (Distributed)
Apr 5, 2021
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Apr 16, 2021
Reply of petitioner Mahanoy Area School District filed. (Distributed)
Apr 28, 2021
Argued. 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.
Jun 23, 2021
Adjudged 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.
Jul 26, 2021
JUDGMENT ISSUED.

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