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We the People

Snapchat and the Schoolhouse Gate

We the People

National Constitution Center

News, News Commentary, History

4.61.1K Ratings

🗓️ 29 April 2021

⏱️ 42 minutes

🧾️ Download transcript

Summary

After a high school student with initials B.L. posted a snap on the social media app Snapchat complaining about sports and school, she was suspended from the cheerleading team. She sued the school for violating her First Amendment rights and appealed up to the U.S. Supreme Court; the court heard arguments in the case, Mahanoy Area School District v. B.L., this week, which could become the court’s first major ruling on student speech in decades. On this week’s episode, we recap the oral argument in the case, as our guests explain the arguments on both sides. Host Jeffrey Rosen was joined by Will Creeley, Legal Director at Foundation for Individual Rights (FIRE) who authored an amicus brief on behalf of B.L., and Francisco Negrón, Chief Legal Officer at the National School Boards Association who joined a brief on behalf of the school district. They discuss how the court might apply the leading precedent, Tinker v. Des Moines (1969)—in which the court famously wrote that students “do not shed their constitutional rights to freedom of speech or expression at the schoolhouse gate at the schoolhouse gate,” but that schools could punish student speech if it substantially disrupts the educational process—to this case, and whether and to what extent schools can regulate student speech online. Questions or comments about the show? Email us at podcast@constitutioncenter.org. Additional resources and transcript available at constitutioncenter.org/interactive-constitution/media-library.

Transcript

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0:00.0

I'm Jeffrey Rosen, president and CEO of the National Constitution Center, and welcome

0:07.8

to We The People for Weekly Show of Constitutional Debate.

0:11.4

The National Constitution Center is a nonpartisan nonprofit chartered by Congress to increase awareness and understanding of the Constitution among the American people.

0:21.0

This week, the Supreme Court heard Mahoney Area School District

0:25.3

versus B. L. which some have called the most important case involving student free

0:30.5

speech in years.

0:32.8

Joining us to examine the implication of the case

0:35.4

for the First Amendment are two of America's leading

0:39.2

experts and advocates on both sides of the case.

0:42.4

Francisco Negron Jr.

0:44.2

is the Associate Executive Director

0:45.9

and General Counsel of the National School Boards Association.

0:49.2

He joined an amicus brief in this case

0:51.1

in support of Mahoney Area School District.

0:53.4

Francisco, it is wonderful to have you with us.

0:56.0

Thank you.

0:57.0

It's my pleasure to be here.

0:58.0

And Will Creeley is the legal director of Fire, the foundation for individual rights in education. Will wrote the Legal

1:03.4

of Fire, the Foundation for Individual Rights in Education.

1:04.0

Will wrote Fire's amicus brief and supported the student in this case,

1:07.8

whose initials are B.L.

1:09.4

Will, thank you so much for joining.

...

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