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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Today is Black Women's Equal Pay Day and at 11 a.m. PT, advocates hope to get the topic trending with a "social media storm."

The wage gap is stark. Black women working full-time, year-round make 69 cents for every dollar made by non-Hispanic white men. And the number is 66 cents when you include all full-time, part-time and part-year workers.

Deborah Vagins, national campaign director for the nonprofit civil-rights group Equal Rights Advocates and director of its Equal Pay Today coalition, explained the day is intended to spark debate.

"Black women have to work all the way into July of this year to make what white non-Hispanic men would have made in 2023 alone," Vagins pointed out. "It's an acknowledgment of that pay gap."

Advocates are pressing Congress to pass the Paycheck Fairness Act, which would protect all workers against retaliation for discussing their pay. It would also ban the use of prior salary history when setting wages and require the federal government to collect pay data from employers, making it easier to root out disparities.

Vagins noted the fight for equal pay for equal work is more complex than the battle against racial and gender discrimination.

"It's also the lack of pay transparency in the workplace," Vagins emphasized. "It is setting salaries based on your prior salary history rather than on your qualifications for the job. It's jobs failing to have protections against harassment or pregnancy discrimination."

Vagins also cited the segregation of Black women into poverty-level minimum-wage work, particularly tipped jobs in the restaurant industry using a subminimum wage.


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In a blow to free speech and the right to assemble, the U.S. Supreme Court recently declined to hear a case involving the rights of protest organizers in Mississippi, Louisiana and Texas.

McKesson v. Doe stemmed from protests over the 2016 police killing of Alton Sterling in Baton Rouge, Louisiana. A protest organizer faced charges after a police officer was injured by the actions of an unknown protester.

Cicley Gay, board chairwoman of the Black Lives Matter Global Network Foundation, said an opinion by the Fifth Circuit now stands, allowing an organizer to be held liable for the individual actions of others at a protest based on negligence.

"This case without question infringes upon all of our First Amendment rights," Gay contended. "It's incumbent upon us to reject its premise and its intention, which is, frankly, to scare champions of justice and organizers away from mass protest."

The Fifth Circuit covers Mississippi, Louisiana and Texas, and Gay noted the First Amendment still protects the right to assembly. Black Lives Matter protests have attracted diverse groups of people and a Harvard study shows 26 million participated in protests in 2020.

Protesting at college campuses across the country has been on the rise, with students complaining law enforcement involvement has made matters worse. Gay argued it is important for Mississippians to remember Martin Luther King Jr. and understand protest is at the core of every successful social movement in this country.

"We want our young people to be able to continue to raise their voices," Gay emphasized. "Oftentimes, protest is not pretty. It is intended to disrupt. And as long as people are doing it peacefully, they should be entitled to do so."

Gay stressed the Fifth Circuit decision essentially eliminates the right to organize a mass protest because organizers could be held financially liable if even one protester commits an illegal act.

A new statue at the U.S. Capitol honors Arkansas civil rights activist Daisy Gatson Bates.

The eight foot bronze statue is in the National Statuary Hall.

Bates has a newspaper in her arm, is holding a notebook and a pen, and is wearing a National Association for the Advancement of Colored People stick pin.

She and her husband owned and operated the Arkansas Weekly newspaper - that was devoted solely to telling the stories of the Civil Rights Movement.

Current president of the Arkansas NAACP Barry Jefferson said Bates is best known for her work with the Little Rock Nine - the students who integrated Arkansas public schools in 1957.

"When they was desegregating Little Rock Central High school," said Jefferson, "she stood and fought for that and stood with them and walked them in every single day."

After working with the Little Rock Nine Bates continued to fight for Civil Rights and was a speaker at the March on Washington in 1963.

She was president of the Arkansas NAACP from 1952 to 1961.

Each state can place two sculptures in the Statuary Hall. The Bates statue replaces one of a little-known 19th century Arkansas resident.

The decision to honor Bates had bipartisan support. Jefferson said the move is a sign that Arkansas is evolving.

"It's saying that we're trying to move in the right direction, and rewrite the wrongs that have happened for the state of Arkansas for Black people," said Jefferson, "by presenting her statue at the National Capitol to show that - hey, Arkansas is trying to grow, Arkansas is trying to move forward."

The third Monday in February is Daisy Gatson Bates day in Arkansas. She died in 1999 and was posthumously awarded the Medal of Freedom.





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