Justices rule for student in ‘cursing cheerleader’ case

The case drew extra interest at a time of remote learning — because of the coronavirus pandemic — and a rising awareness of the harmful effects of online bullying.

The decision was a strong endorsement of students’ right to speak freely, which the court first expressed more than a half century ago in defending armbands worn by high school students in protest of the Vietnam War, said Abner Greene, a constitutional law professor at the Fordham University School of Law in Manhattan.

“Students can engage in all kinds of critical or dissenting commentary, whether about the Vietnam War or the student cheerleading team, without losing their free speech rights. And it doesn’t matter where they say it,” Greene said.

The case arose from Levy’s posts, one of which pictured her and a friend with raised middle fingers and included the repeated use of a vulgarity to complain that she had been left off the varsity cheerleading squad.

“F——— school f——— softball f——— cheer f——— everything,” she wrote near the end of her freshman year, from a local convenience store, on a Saturday. Now 18, Levy recently finished her first year of college.

Levy’s parents filed a federal lawsuit after the cheerleading coach learned of the posts and suspended her from the junior varsity team for a year. Lower courts ruled in Levy’s favor, and she was reinstated.