No. 19-1842.

964 F.3d 170 (2020)

B.L., a minor, BY AND THROUGH her father Lawrence LEVY and her mother Betty Lou Levy, v. MAHANOY AREA SCHOOL DISTRICT, Appellant.

United States Court of Appeals, Third Circuit.

Filed: June 30, 2020.

Attorney(s) appearing for the Case

Arleigh P. Helfer, III , Theresa E. Loscalzo , Schnader Harrison Segal & Lewis, 1600 Market Street, Suite 3600, Philadelphia, PA 19103, Mary Catherine Roper , American Civil Liberties Union of Pennsylvania, P.O. Box 60173, Philadelphia, PA 19102, Sara J. Rose [Argued], American Civil Liberties Union, P.O. Box 23058, Pittsburgh, PA 15222, Molly M. Tack-Hooper , American Civil Liberties Union of Washington Foundation, 901 Fifth Avenue, Suite 630, Seattle, WA 19102, Counsel for Appellees.

David W. Brown , Michael I. Levin [Argued], Levin Legal Group, P.C., 1800 Byberry Road, 1301 Masons Mill Business Park, Huntingdon Valley, PA 19006, John G. Dean , Elliott Greenleaf & Dean, 201 Penn Avenue, Suite 202, Scranton, PA 18503, Counsel for Appellant.

Francisco M. Negrón, Jr. , National School Boards Association, 1680 Duke Street, Room 523, Alexandria, VA 22314, Counsel for Amici Curiae National School Boards Association; Pennsylvania School Boards Association; Delaware School Boards Association; New Jersey School Boards Association; Pennsylvania Principals Association; National Association of Elementary School Principals; National Association of Secondary School Principals; and AASA, The School Superintendents Association.

Sophia Cope , Electronic Frontier Foundation, 815 Eddy Street, San Francisco, CA 94109, Counsel for Amici Curiae Electronic Frontier Foundation, Student Press Law Center, Pennsylvania Center for the First Amendment, and Brechner Center for Freedom of Information.

Marieke T. Beck-Coon , Foundation for Individual Rights in Education, 510 Walnut Street, Suite 1250, Philadelphia, PA 19106, Counsel for Amicus Curiae Foundation for Individual Rights in Education.

Before: AMBRO, KRAUSE, and BIBAS, Circuit Judges.


Public school students' free speech rights have long depended on a vital distinction: We "defer to the school[]" when its "arm of authority does not reach beyond the schoolhouse gate," but when it reaches beyond that gate, it "must answer to the same constitutional commands that bind all other...

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