Mahanoy Area School District v. B.L. and Tinker v. Des Moines

In 2017, a student at a public high school in Mahanoy City, Pennsylvania, learned she had not made the varsity cheerleading team. That weekend, while at a local convenience store, she posted a photo to Snapchat for about 250 friends. The post used profanity and a crude hand gesture to criticize the school, the softball team, and the cheerleading program. It did not name any person and was not made on school property or during school hours.

Another student showed screenshots of the post to a cheerleading coach. The school suspended the student from the junior varsity cheerleading team for a year, saying the post violated team rules and could harm team morale. Her parents sued, arguing the punishment violated her constitutional rights.

In an 8–1 decision, the Supreme Court ruled for the student. The Court said schools may sometimes regulate off-campus speech, for example serious bullying or threats, but that their interest is weaker when students speak off campus, outside school hours. The Court found no evidence that the post caused a substantial disruption of school activities, and it held that the school's concerns about team morale and teaching good manners did not justify punishing her speech.