That’s a stark exception to the freedom of speech that holds outside of schools. The Court has ruled the First Amendment’s “bedrock principle” to be that “government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable.”
So why has such an array of mismatched bedfellows gotten behind Levy? You might say that everyone’s afraid of the principal. Conservatives worry that “politically correct” administrators will punish students for expressing their beliefs about abortion or homosexuality, their support for the Confederate (or even American) flag or their belief in the right to bear arms. Juvenile justice and civil rights organizations worry that racial minorities will be disproportionately punished under a vague standard. Parents’ groups argue that expanding school authority will interfere with their own rights to decide how to raise their children. Activists and athletes worry that schools will condition participation in extracurricular activities on agreement not to criticize coaches—even when they’re abusive.
These fears aren’t unfounded. Lower courts have upheld discipline of students for wearing an L.A. Lakers jersey, advocating against abortion, wearing a shirt that says “we are not criminals” and criticizing a coach for physical and emotional abuse. Officials may legitimately need to censor in-school speech to maintain a learning environment, but extending that censorial power beyond the school’s walls would mean that young people don’t have full free speech rights anywhere.
Virtually everyone in the Mahanoy School District case, including Levy herself, agrees that schools should be able to regulate some speech outside the school if it has serious effects within school—in particular, bullying, harassment and threats of violence. But ordinary First Amendment standards permit regulation of such conduct. And the broad alliance on Levy’s side agrees that schools don’t need authority to punish off-campus speech that isn’t harassing, bullying or violent, but merely “inappropriate” or “profane.”
The fact that so many voices from across the political spectrum have come together underscores perhaps the most fundamental point of all: the First Amendment isn’t a progressive or conservative right, a Democratic or Republican right. It’s an American right. On that, at least, we should be able to agree.