— In Pennsylvania, the United States Court of Appeals reversed the suspension and expulsion of a student who, while off campus with friends, “took a picture of his friends wearing wigs and hats, including one hat that resembled a foreign military hat from the World War II period (and) posted (it) on the social media platform Snapchat (with the) caption.. ‘Me and the boys bout to exterminate the Jews.’” The appellate court applied the rules of the recent U.S. Supreme Court case Mahanoy Area School District v. B.L., 141 S. Ct. 2038 (2021), characterizing it as a case that “identified…features of off-campus speech that often, even if not always, distinguish schools’ efforts to regulate that speech from their efforts to regulate on-campus speech.” The appellate court ruled that as to the school’s “anti-vulgarity interest,” in disciplining the student that Mahanoy removes any authority educators have for disciplining off-campus speech for this reason. As to “students being upset by the post and discussing it (at school),” the appellate court stated that after Mahanoy, “(the) risk of transmission to the school does not inherently change the off-campus nature of all speech on social media.” Therefore, applying the standard of Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969), the appellate court found that “some students being upset by the post and discussing it during class for a few days …did not meet Tinker’s demanding standard of ‘substantial disruption’ of a school activity or a threatened harm to the rights of others that might justify the school’s action.” Finally, the appellate court protected the hate speech reflected in the statement, “me and the boys bout to exterminate the Jews,” citing references from the Mahanoy case that, “offensive, controversial speech can still be protected.” The appellate court remanded the case so that the trial court could address the question of qualified immunity. C1.G on behalf of C.G. v. Siegfried
— In Texas, the 77-page Report from the Texas House of Representatives on the May 24 shooting at Robb Elementary School in the city of Uvalde found systemic failures and egregiously poor decision making” on behalf of law enforcement and school officials. The Report cites a “failure of command,” in which “the school district fell short on campus safety preparations and …law enforcement moved too slowly.” The Governor released a statement committing to working with the legislature “to develop and implement the necessary changes to improve public safety, school safety, and mental health assessment and treatment.”
— In Georgia, the school safety program of the Cobb County school system allows employees, not teachers, to carry guns at school. The Cobb County School Board approved the policy authorizing the superintendent to authorize certain school employees to carry guns on school property, on school buses and at school events. The staff members will have to be licensed, undergo the same gun training as certified school resource officers, and take a psychological evaluation.
— In Kentucky, the Hardin County Sheriff’s Office announced all deputies, including school resource officers, will begin wearing body cameras. The cameras were purchased through community donations and fundraisers.