WILKES-BARRE, Pa. – Schools can't punish students for swearing when they're off campus - that's the message of a federal court to a Pennsylvania high school.

The student, who is a minor, is only referred to by her initials, B.L. She was dropped from her school's junior varsity cheerleading squad for using a profanity in a social media post that she sent to her friends on a weekend.

An evidentiary hearing was held on Oct. 2 and, three days later, the court issued a preliminary ruling. According to Molly Tack-Hooper, an attorney with the ACLU of Pennsylvania, the opinion of the court was crystal clear.

"There is no question that in Pennsylvania, schools just don't have the power to punish kids because they use the 'F-word' on social media if they do it on their own time,” Tack-Hooper said.

School officials had called the social media post "negative," "disrespectful" and "demeaning." The court reinstated the student to the cheerleading squad until a final decision is issued.

In 2011, two very similar cases made it all the way to the U.S. Court of Appeals for the Third Circuit. Tack-Hooper said that court also ruled that schools can't discipline students for posts to social media on their own time when the posts don't cause "substantial material disruption to school activities."

"Which is a pretty high standard,” she said. "So our case involving B.L., the cheerleader, really was decided by those earlier Third Circuit cases."

Tack-Hooper pointed out that all of these cases are not simply about posting on social media. They are, at their core, a defense of students' First Amendment rights.

"If the school had the power to punish our client for just blowing off steam, then that would mean that schools really have a lot of power to restrict what students say on their own time, which would be a very scary prospect,” she said.

The case may not be over yet. The school could keep fighting through a trial or appeal the decision to a higher court.


get more stories like this via email

UPDATE: A statement about the arrest from the University of Cincinnati has been added. (8:10 a.m. MDT, Apr. 3, 2025)

A recent arrest on the University of Cincinnati campus is sparking outrage among civil rights advocates, raising new concerns about student speech, academic freedom and the treatment of Muslim and pro-Palestinian voices across the country.

A University of Cincinnati student was arrested this week - allegedly for waving a Palestinian flag. Videos posted online show five police officers tackling the student as he repeatedly asked if he was under arrest.

Khalid Turaani, CAIR-Ohio executive director, called the incident an attack on civil liberties.

"We unequivocally condemn the arrest of student activists and the alleged attack on freedom of speech and academic freedom. For police officers to attack a student for raising a Palestinian flag is beyond the pale as Americans," he said.

The University of Cincinnati released a statement on the incident:

"UC Police arrested a student who was protesting against a free speech demonstration occurring on campus that involved non-university affiliated preachers. Police officers warned the student several times not to impede the movement of the demonstrators. The student became involved in an altercation with the demonstrators and disregarded police officers' directions. Student was subsequently arrested for disorderly conduct and resisting arrest."

The Council on American-Islamic Relations said the arrest fits a troubling national pattern. Over the past month, students at institutions such as Columbia, Georgetown and Tufts have been detained. Some have been transferred to detention centers in Louisiana or had their visas revoked.

Turaani said Americans around the country should be cautious.

"It's creating an atmosphere that is reminiscent of the McCarthyist era where people are going to be assaulted or jailed or targeted because of things that they say or because of the belief that they have," he continued.

Turaani warned the recent wave of arrests could especially impact international and Muslim students, who may feel silenced for speaking out, and speaks directly to them.

"You are in the forefront of this civil rights movement. Everybody went through that. It seems this is our turn, to defend the civil rights of the rest of America for freedom of expression, for academic freedom, for human rights," he said.



get more stories like this via email

Debates over academic freedom and diversity initiatives have intensified nationally and in Ohio.

Senate Bill 1, known as the Advance Ohio Higher Education Act, proposes significant changes to the state's public higher-education system. The bill aims to ban diversity, equity and inclusion programs, prohibit faculty strikes and mandate post-tenure reviews for professors.

At the national level, the detention of Columbia University activist Mahmoud Khalil has sparked widespread protests.

Jay Saper, a member and leader for the group Jewish Voice for Peace, expressed deep concern.

"We are absolutely outraged that he has been abducted from his home for speaking up for Palestinian liberation," Saper explained. "As Jews, we understand what it means to experience fascism."

Khalil's detention has ignited debates about free speech and civil liberties, resonating with ongoing discussions in Ohio, where the bill's proponents, including bill sponsor Sen. Jerry Cirino, R-Kirtland, argued the legislation seeks to promote intellectual diversity and prevent perceived ideological indoctrination within Ohio's public universities.

Scott DiMauro, president of the Ohio Education Association, expressed concerns about the bill's potential effect on academic freedom and labor rights.

"There are very serious attacks on collective bargaining rights embedded in that law," DiMauro pointed out. "And it is one of these culture-war fronts where extremist politicians are trying to eliminate all efforts at inclusion and diversity and accessibility."

As Ohioans consider the implications of the bill, the broader national discourse on free speech and diversity initiatives in higher education continues to evolve. The bill now awaits consideration in the Ohio House of Representatives, where further debate is expected.

Reporting by Ohio News Connection in association with Media in the Public Interest and funded in part by the George Gund Foundation.

In Tennessee and nationwide, communities are celebrating Black History Month, recognizing the contributions and achievements of African Americans to American history.

Historian Carter G. Woodson launched what was initially Negro History Week in 1926 to honor the works of Black educators, inventors, lawyers, entrepreneurs and artists.

Martin Luther King III, third chairman of the Drum Major Institute, human rights activist and the only surviving son of the late Reverend Martin Luther King Jr., is among those carrying forward the legacy and said he remains committed to advancing his father's vision of equality, justice and creating legacy daily.

"It's about building something every day," King emphasized. "Hopefully, something that can make a difference in our community, in our society, in our cities and also in our world. It doesn't have to be massive that way, it can just be something small. But it's what you do to sort of make a contribution in life."

The U.S. Civil Rights Trail includes 14 locations in Tennessee, according to the state's tourism office. Beyond Black History Month, King stressed the need to restore civility in today's political climate, focusing on the importance of rebuilding dignity, respect and inclusivity, ensuring all people are treated as human beings.

The national response to President Donald Trump's executive order dismantling diversity programs has been mixed and King acknowledged the country's deep divisions. He believes his father would encourage more dialogue to foster understanding and achieve unity. He noted the country calls itself the "United" States of America but lately is seeing too much hostility and even hatred.

"Rights are being lost," King outlined. "Some are banning books. We still don't have the full right to vote without some encumbrances. We still don't, all of us, have health care. We certainly still don't have a system of justice that works for everyone."

King highlighted his "Realize the Dream" initiative, encouraging Tennesseans and people nationwide to complete 100 volunteer service hours in honor of his father's 100th birthday in 2029.

He added the initiative is inspired by Martin Luther King Jr.'s 1967 book, "Where Do We Go from Here: Chaos or Community?"


get more stories like this via email