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B.L. by Levy v. Mahanoy Area School District, 289 F.Supp.3d 607, 353 Ed. Law Rep. 167

Facts

B.L., a public high school student, was removed from her junior varsity cheerleading squad after posting a profane message on social media while off-campus. The post, which included a photo of her and a friend holding up their middle fingers with the text 'fuck school fuck softball fuck cheer fuck everything,' was shared privately with friends and did not mention the school. Following the post, a cheerleading coach informed B.L. that she was being dismissed for disrespectful behavior. B.L. and her parents sought to challenge this decision, claiming it violated her First Amendment rights.

Issue

Did the school district violate B.L.'s First Amendment rights by removing her from the cheerleading squad for off-campus speech?

Did the school district violate B.L.'s First Amendment rights by removing her from the cheerleading squad for off-campus speech?

Rule

A preliminary injunction is an extraordinary remedy that requires the plaintiff to demonstrate: (1) a likelihood of success on the merits; (2) irreparable harm in the absence of relief; (3) a balance of equities tipping in their favor; and (4) that the injunction is in the public interest. The First Amendment protects students' rights to free speech, and schools cannot punish students for off-campus speech unless it causes substantial disruption.

A plaintiff seeking a preliminary injunction must establish that: (1) he is likely to succeed on the merits; (2) he is likely to suffer irreparable harm in the absence of preliminary relief; (3) the balance of equities tips in his favor; and (4) that an injunction is in the public interest.

Analysis

The court found that B.L. was likely to succeed on the merits because her speech, made off-campus and not causing disruption, was protected under the First Amendment. The school district's argument that it could punish her for profanity was rejected, as the court noted that the ability to discipline for lewd or profane speech disappears outside of school grounds. B.L. also demonstrated irreparable harm, as her removal from the cheerleading squad barred her from her primary extracurricular activity. The balance of hardships favored B.L., as the school district's only potential harm was the loss of its speech policy, which did not outweigh the ongoing censure B.L. faced. Finally, the public interest favored protecting constitutional rights.

Public high school student was likely to succeed on the merits of her free speech challenge to being removed from the junior varsity cheerleading squad for profane speech that originated outside of school in a social media posting, as required for a grant of a preliminary injunction in her action against school district, where student was only punished because of the profanity contained within her posting, and not because school district had reasonable fear of disruption.

Conclusion

The court granted B.L.'s motion for a preliminary injunction, allowing her to return to the cheerleading squad while the case was pending.

This Court will grant Plaintiffs' Motion for a Preliminary Injunction because Plaintiffs are able to establish that: (1) they are likely to succeed on the merits; (2) they are likely to suffer irreparable harm in the absence of preliminary relief; (3) the balance of equities tip in their favor; and (4) an injunction is in the public interest.

Who won?

B.L. prevailed in her motion for a preliminary injunction against the Mahanoy Area School District. The court found that she was likely to succeed on the merits of her First Amendment claim, as the school district could not punish her for off-campus speech that did not cause disruption. The court emphasized the importance of protecting students' rights to free expression, particularly when the speech in question was made outside of school and did not directly reference the school or its activities.

B.L. prevailed in her motion for a preliminary injunction against the Mahanoy Area School District, as the court found that the school district could not punish her for off-campus speech that did not cause disruption.

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