No. 20-255
Mahanoy Area School District v. B. L., a Minor, By and Through Her Father, Lawrence Levy and Her Mother, Betty Lou Levy
Amici (36)
Experienced Counsel
Tags: circuit-split civil-rights constitutional-rights due-process first-amendment free-speech school-discipline school-regulation student-rights student-speech
Key Terms:
FirstAmendment
FirstAmendment
Latest Conference:
2021-01-08
Question Presented (AI Summary)
Whether Tinker v. Des Moines Independent Community School District applies to off-campus student speech
Question Presented (OCR Extract)
QUESTION PRESENTED Whether Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969), which holds that public school officials may regulate speech that would materially and substantially disrupt the work and discipline of the school, applies to student speech that occurs off campus. (1)
Docket Entries
2021-07-26
JUDGMENT ISSUED.
2021-06-23
Adjudged to be AFFIRMED. Breyer, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/20pdf/20-255_g3bi.pdf'>opinion</a> 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.
2021-04-28
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.
2021-04-16
Reply of petitioner Mahanoy Area School District filed. (Distributed)
2021-04-05
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
2021-03-31
Brief amici curiae of Current and Former Student School Board Members filed. (Distributed)
2021-03-31
Brief amicus curiae of Life Legal Defense Foundation filed. (Distributed)
2021-03-31
Brief amici curiae of Alliance Defending Freedom and Christian Legal Society filed. (Distributed)
2021-03-31
Brief amicus curiae of The Independent Women's Law Center filed. (Distributed)
2021-03-31
Brief amicus curiae of College Athlete Advocates filed. (Distributed)
2021-03-31
Brief amici curiae of Law and Education Professors filed. (Distributed)
2021-03-31
Brief amici curiae of Americans for Prosperity Foundation and The Rutherford Institute filed. (Distributed)
2021-03-31
Brief amici curiae of The National Women's Law Center, et al. filed. (Distributed)
2021-03-31
Brief amici curiae of Jane Bambauer, Ashutosh Bhagwat, and Eugene Volokh filed. (Distributed)
2021-03-31
Brief amici curiae of School Discipline Professors filed. (Distributed)
2021-03-31
Brief amicus curiae of The Becket Fund for Religious Liberty filed. (Distributed)
2021-03-31
Brief amici curiae of States of Louisiana, et al. filed. (Distributed)
2021-03-31
Brief amicus curiae of First Liberty Institute filed. (Distributed)
2021-03-31
Brief amici curiae of Advancement Project, Juvenile Law Center, et al. filed. (Distributed)
2021-03-31
Brief amici curiae of Student Press Law Center, et al. filed. (Distributed)
2021-03-31
Brief amicus curiae of VanHo Law filed. (Distributed)
2021-03-31
Brief amici curiae of Mary Beth Tinker & John Tinker filed. (Distributed)
2021-03-31
Brief amici curiae of HISD Student Congress, et al. filed. (Distributed)
2021-03-31
Brief amici curiae of Foundation for Individual Rights in Education, et al. filed. (Distributed)
2021-03-31
Brief amici curiae of Teachers, School Administrators, and the National Council of Teachers of English filed. (Distributed)
2021-03-31
Brief amici curiae of The Electronic Frontier Foundation, et al. filed. (Distributed)
2021-03-30
Brief amicus curiae of Parents Defending Education filed. (Distributed)
2021-03-30
Brief amici curiae of Liberty Justice Center, et al. filed. (Distributed)
2021-03-30
CIRCULATED
2021-03-29
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
2021-03-26
Brief amici curiae of Pacific Legal Foundation, et al. filed. (Distributed)
2021-03-24
Brief of respondent B.L., a minor, by and through her father Lawrence Levy and her mother Betty Lou Levy filed.
2021-03-15
Record requested.
2021-03-12
SET FOR ARGUMENT on Wednesday, April 28, 2021.
2021-03-01
Brief amici curiae of Massachusetts, et al. in support of neither party filed.
2021-03-01
Brief amicus curiae of United States filed.
2021-03-01
Brief amici curiae of National School Boards Association, et al. filed.
2021-03-01
Brief amicus curiae of Nation Education Association in support of neither party filed.
2021-03-01
Brief amici curiae of National Association of Pupil Services Administrators and Pennsylvania Association of Pupil Services Administrators filed.
2021-03-01
Brief amici curiae of Pennsylvania School Boards Association and Pennsylvania Principals Association filed.
2021-03-01
Brief amici curiae of First Amendment and Education Law Scholars filed.
2021-03-01
Brief amici curiae of The Huntsville, Alabama City Board of Education, et al. filed.
2021-03-01
Brief amicus curiae of American Center for Law and Justice in support of neither party filed.
2021-02-24
Brief amici curiae of Cyberbullying Research Center, et al. filed.
2021-02-22
Joint appendix filed. (Statement of costs filed)
2021-02-22
Brief of petitioner Mahanoy Area School District filed.
2021-01-08
Petition GRANTED.
2020-12-16
DISTRIBUTED for Conference of 1/8/2021.
2020-12-14
Reply of petitioner Mahanoy Area School District filed.
2020-11-30
Brief of respondents B.L., a minor, by and through her father Lawrence Levy and her mother Betty Lou Levy in opposition filed.
2020-10-01
Brief amici curiae of National School Boards Association, et al. filed.
2020-10-01
Brief amici curiae of Pennsylvania School Boards Association and Pennsylvania Principals Association filed.
2020-09-28
Motion to extend the time to file a response is granted and the time is extended to and including November 30, 2020.
2020-09-21
Motion to extend the time to file a response from October 1, 2020 to November 30, 2020, submitted to The Clerk.
2020-08-28
Petition for a writ of certiorari filed. (Response due October 1, 2020)
Attorneys
Advancement Project, Juvenile Law Center, et al.
Alliance Defending Freedom and Christian Legal Society
John J. Bursch — Alliance Defending Freedom, Amicus
John J. Bursch — Alliance Defending Freedom, Amicus
Americans for Prosperity Foundation and The Rutherford Institute
B.L., a minor, by and through her father Lawrence Levy and her mother Betty Lou Levy
Witold J. Walczak — ACLU of Pennsylvania, Respondent
Witold J. Walczak — ACLU of Pennsylvania, Respondent
David D. Cole — American Civil Liberties Union Foundation, Respondent
David D. Cole — American Civil Liberties Union Foundation, Respondent
College Athlete Advocates
Current and Former Student School Board Members
Hyland Hunt — Deutsch Hunt PLLC, Amicus
Hyland Hunt — Deutsch Hunt PLLC, Amicus
Cyberbullying Research Center, Committee for Children, Council of Administrators of Special Education, Garden State Equality, The Bully Project, STOMP Out Bullying, One Circle Foundation and SEL4NJ
David Beryl Rubin — The Busch Law Group LLC, Amicus
David Beryl Rubin — The Busch Law Group LLC, Amicus
First Amendment and Education Law Scholars
First Liberty Institute
Kelly J. Shackelford — First Liberty Institute, Amicus
Kelly J. Shackelford — First Liberty Institute, Amicus
Foundation for Individual Rights in Education, National Coalition Against Censorship, and Comic Book Legal Defense Fund
HISD Student Congress, Kentucky Student Voice Team, March For Our Lives Action Fund, Students For A Sensible Drug Policy, and Student Voice
Michael John Grygiel — Greenberg Traurig, LLP, Amicus
Michael John Grygiel — Greenberg Traurig, LLP, Amicus
Jane Bambauer, Ashutosh Bhagwat, and Eugene Volokh
Liberty Justice Center, et al.
Daniel Robert Suhr — Liberty Justice Center, Amicus
Daniel Robert Suhr — Liberty Justice Center, Amicus
Life Legal Defense Foundation
Mahanoy Area School District
Lisa Schiavo Blatt — Williams & Connolly LLP, Petitioner
Lisa Schiavo Blatt — Williams & Connolly LLP, Petitioner
Mary Beth Tinker & John Tinker
Massachusetts, et al.
Nation Education Association
National Association of Pupil Services Administrators and Pennsylvania Association of Pupil Services Administrators
National School Boards Association, et al.
Gregory George Garre — Latham & Watkins LLP, Amicus
Gregory George Garre — Latham & Watkins LLP, Amicus
Pacific Legal Foundation, Cato Institute, and P.J. O'Rourke
Parents Defending Education
Pennsylvania School Boards Association and Pennsylvania Principals Association
Michael Hugh McGinley — Dechert LLP, Amicus
Michael Hugh McGinley — Dechert LLP, Amicus
Professors of Law and Education
School Discipline Professors
Richard W. Mark — Gibson, Dunn & Crutcher LLP, Amicus
Richard W. Mark — Gibson, Dunn & Crutcher LLP, Amicus
States of Louisiana, Arkansas, Kentucky, Mississippi, Missouri, Montana, Nebraska, Texas & Utah
Student Press Law Center, et al.,
David Meir Zionts — Covington & Burlington LLP, Amicus
David Meir Zionts — Covington & Burlington LLP, Amicus
Teachers, School Administrators, and the National Council of Teachers of English
Michael R. Dreeben — O'Melveny & Myers LLP, Amicus
Michael R. Dreeben — O'Melveny & Myers LLP, Amicus
The Becket Fund for Religious Liberty
The Electronic Frontier Foundation, The Brennan Center for Justice at NYU School of Law and The Pennsylvania Center for the First Amendment
The Huntsville, Alabama City Board of Education and Eleven Additional Alabama School Districts
Eddie Travis Ramey — Burr & Forman LLP, Amicus
Eddie Travis Ramey — Burr & Forman LLP, Amicus
The Independent Women's Law Center
William McGinley Jay — Goodwin Procter, LLP, Amicus
William McGinley Jay — Goodwin Procter, LLP, Amicus
The National Women's Law Center
United States