A 14-year-old high school
student did what pretty much
everyone at this point does
including teenagers.
She went on Snapchat and she vented
after not making the varsity cheer
team during her freshman year.
Now, that actually got her in so
much trouble that the school
decided that they would suspend her
from the cheer team altogether, and
the ACLU decided to get involved.
And now this case has
made its way to the Supreme Court.
It's actually a really interesting
free speech issue.
And understand that
the First Amendment has even more
limitations when it comes to grade
school campuses, especially because
there is an interest in protecting
the safety of minors, right?
So clearly, there could be few more
restrictions than ordinary people
would experience out and about.
But with that said, it does appear
that the school went a little far
in this case, but I want you guys
to make your own minds up about it.
Let's take a quick look at this
video that explains exactly what
went down >> So in 2017,
when she didn't make the varsity
cut as a freshman to cheer for
the Mahanoy Golden Bears,
Brandy sounded off like teenagers
are known to do >> I was angry, and
I made a post on Snap.
I said, it was f school, f cheer,
f softball, f everything.
>> And I bet you thought once you
sent that and
anybody that knows Snap knows those
messages disappear.
Bet you thought you never hear
about it again.
>> No, I didn't think I would.
>> But the school got wind of
the message posted off campus and
on a weekend and came down hard,
suspending Brandy from cheering for
an entire year saying she breached
a code of conduct.
>> They told me that I'm lucky I
didn't get expelled from school for
it because it was vulgar language.
>> Her father Larry Levy was
stunned.
>> If they would have just took her
and said to her, Brandy,
kind of watch.
Just be careful what you're saying
or you're doing.
But as far as the action they took,
I think that was far reached above
and beyond where they should be.
>> So there were some federal
courts who agreed with her father.
So two lower federal courts sided
with Levy in the dispute,
ordering her return to the team in
2017 and allowed her to continue
her cheerleading career.
Later though in a sweeping
decision, a federal appeals
court affirmed the decision saying
a school authority to enforce the
rules does not apply off-campus.
But the case has made its way to
the Supreme Court as a result of
the appeals process.
So I want to hear what you guys
think.
Alyssa, especially, beginning
with you, because I think you're
the youngest one on this panel.
And I think you've probably
experienced the difference between
free speech on a school campus
versus out in the real world.
What are your thoughts?
Do you think they
went too far here?
>> I think they definitely
went too far.
I mean, kids say
this stuff all the time and we're
constantly on our social media now
kind of criticizing certain things.
And so I don't see that this is in
their jurisdiction, I think.
Kids are going to do this.
>> Right, and the thing that I can
understand is if people,
students specifically, are posting
threatening or bullying comments on
social media after school.
They might have an interest in
protecting other students who might
be bullied.
But that's not happening here.
Woz, what are your thoughts?
>> I think this is a BS double
standard one.
First of all,
if it was a dude who got cut
from his varsity basketball or
football team, nobody would think
this was inappropriate language.
And two, she used the letters.
She didn't even say the damn word,
come on, man.
And three, even if she did,
she didn't say anything bad about
anybody in particular.
She was just venting on her own
personal social media.
When the school district comes down
says, well, we have to police
bullying, she didn't bully anybody.
You can go police the people who
are bullying people.
This is something that is near and
dear to me because when I
was younger I got in trouble for
something similar like this at
school.
And so that's why I can't get
these words out [LAUGH] right now.
But- >> But it's perfect,
that's how you ended up here, Woz.
You're perfect for us.
[LAUGH] >> Thank you.
And lastly, Ana,
I would say where's the don't tread
on me crowd.
Where are they in defense of this
poor girl?
Where are they?
I don't know,
this is insanity to me that
a public school would do this.
I went to Catholic school my
whole life.
And even the nuns would have
thought this was a little bit
extreme to be coming down on
her like this.
>> Well, we want to get your
thoughts, so check out the poll,
where we ask should schools be able
to punish students for social media
posts made after school hours?
Go to tyt.com/polls and
participate.
We really do want to hear from you.