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.
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A North Carolina group is launching a new campaign to emphasize the importance of investing in people behind bars, so they'll have a better chance for normal lives when they're released.
The "Incarcerated Lives Matter" campaign is from Recidivism Reduction Education Programs Services, which advocates for programs like work release, vocational training and cognitive behavioral therapy as key tools for rehabilitation.
Kerwin Pittman, executive director of the group, said the goal is to challenge the belief harsher penalties create safer communities.
"It just won't work," Pittman asserted. "Dispelling that narrative that 'locking them up and throwing away the key' is the way to combat or the way to have public safety, it's not. It's investing in incarcerated people."
A study by The Sentencing Project confirms "tough-on-crime" laws like mandatory minimum sentences often cause more harm than good, and offer no significant benefit to reducing crime. To spread its message, the campaign has placed a billboard near Johnston Correctional Institution, which reads, "Incarcerated Lives Matter. We see you. We care."
The campaign also highlighted two major obstacles faced by people when they are released from prison: economic instability and the lack of housing. Pittman explained helping them get training and find meaningful work is crucial for their successful reintegration into society. He noted one priority is to revitalize work-release programs that have suffered since the pandemic.
"Since COVID happened, everybody had to stay home," Pittman recounted. "A lot of jobs that individuals were able to have while incarcerated, they lost. And those jobs, frankly, just never bounced back. And so, what we have to do now is go out and identify 'second chance' employers across the state, and match them with individuals who are incarcerated but who are eligible for work-release."
Pittman stressed work-release programs, coupled with vocational training, are keys to empowering people to earn a livable wage and stay employed after release. The campaign also plans to help people gain certifications to open doors to stable careers, making reintegration smoother and reducing the likelihood of reoffending.
Disclosure: Recidivism Reduction Educational Program Services contributes to our fund for reporting on Civic Engagement, Criminal Justice, and Social Justice. If you would like to help support news in the public interest,
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A man who once faced the harsh realities of Alabama's criminal justice system is now working to ensure others in Mobile County do not have to endure the same struggles.
Chris "Champ" Napier, client advocate for the Mobile County Public Defender's Office, said before becoming an advocate he experienced firsthand the inequities between those who have money and those who do not. He pointed out in the legal system, a lack of financial resources significantly affected the outcome of his case.
"It's based on socioeconomic background," Napier explained. "I'm from a poverty-stricken area; I couldn't afford an attorney. So, the person that was sentenced the same day I was sentenced, because his family had money, he had a similar crime ... I was sentenced to life. He was sentenced to 20 years."
Napier said his personal journey fuels his commitment to leveling the playing field for people who cannot afford a private attorney. In Alabama, 59 of the state's 67 counties rely on court-appointed private attorneys or flat-fee contract lawyers to represent those who cannot pay for legal counsel, rather than having a public defender's office. Napier argued the system leaves many low-income defendants at a disadvantage.
While incarcerated, Napier noted he witnessed how systemic inequalities continued behind bars. He explained one example is the exploitation of prison labor.
"They have factories in prison where they pay the inmates 30 cents an hour but once those inmates are released, they can't get a job at those facilities," Napier observed. "It's really another form of economic exploitation."
Napier emphasized the disparities only deepened his resolve to educate himself while incarcerated. After 14 years in prison, he was paroled. Now, he works to build trust between the office and the community it serves.
"I get to go to the jails and talk to our clients on a one-on-one basis and use my experience -- my pain and my expertise -- to show them that change is possible," Napier stressed. "To show them that they can trust the attorneys in our office."
The Mobile County Public Defenders Office was created four years ago, in response to calls from organizations like Faith in Action Alabama, which recognized the urgent need for a public defender system to serve the most vulnerable in the community.
Disclosure: Faith in Action Alabama contributes to our fund for reporting on Budget Policy and Priorities, Civic Engagement, Gun Violence Prevention, and Health Issues. If you would like to help support news in the public interest,
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A new report found Muslim students in New York City public schools face high levels of discrimination in school.
The report from the Council on American Islamic Relations-New York showed close to 60% of students surveyed were bullied by another student for being Muslim. Almost half reported having their hijab tugged, pulled or offensively touched by another student. Most felt reporting such incidents will not make a difference.
Sarah Shahlan, research project coordinator for the council, said it has only escalated since the war in Gaza began last year.
"A lot of incidents were being reported to CAIR New York from students in schools about repression and being suspended and having disciplinary action against themselves," Shahlan reported. "It's simply because of expressing their views."
She added students also face bullying because they physically look Muslim. The report's recommendations included creating anti-bullying policies and developing a task force for Islamophobia to understand the challenges Muslim students face. Shalan acknowledged some challenges to put them into action are if schools are willing to take them seriously and if schools have resources to do them.
Muslim students are not just facing bullying from their peers, as 29% of students reported a school faculty member made offensive comments or acted offensively toward Muslims.
Shahlan noted the report outlined why the incidents often go unreported.
"A lot of the students don't feel that it's necessary to report these incidents or that they don't feel comfortable reporting to an adult at school," Shahlan outlined. "One of the key findings was that over 70% of the students didn't report to adults at school."
She wants state policymakers to understand the takeaways in the report are a small part of a much broader issue Muslims face. During the previous legislative session, New York state lawmakers introduced legislation designed to curb discrimination and harassment in schools. One bill called for creating an educational program to prevent discrimination based on race, religion, sexual orientation, gender identity or gender expression but it failed in committee.
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