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Mahanoy Area School District v. B. L., a Minor, By and Through Her Father, Lawrence Levy and Her Mother, Betty Lou Levy

Paid petition · United States Court of Appeals for the Third Circuit, No. 19-1842 · judgment June 30, 2020

Decided · June 23, 2021
Pre-decision estimate: 57% cert probability (95% interval 43%–71%)

Before the decision, about 13.9× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a petition filed soon after the judgment below, and a Third Circuit decision below.

Question presented

Whether Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969), which holds that public school officials may regulate speech that would materially and substantially disrupt the work and discipline of the school, applies to student speech that occurs off campus.

Counsel of record

For petitioner
Lisa S. Blatt
Williams & Connolly LLP

For respondent
Witold J. Walczak
ACLU of Pennsylvania

Case

Conference history
Distributed for 1 conference

Amicus briefs
2 cert-stage · 34 merits
(10 supporting pet./neither, 24 respondent)

Argument & decision

Argued April 28, 2021 — Lisa S. Blatt · David D. Cole. Audio and transcript

Decided June 23, 2021. Opinion by Breyer.

Proceedings

  1. Jul 26 2021
    JUDGMENT ISSUED.
  2. Jun 23 2021
    Adjudged to be AFFIRMED. Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Alito, Sotomayor, Kagan, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Alito, J., filed a concurring opinion, in which Gorsuch, J., joined. Thomas, J., filed a dissenting opinion.
  3. Apr 28 2021
    Argued. For petitioner: Lisa S. Blatt, Washington, D. C.; and Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: David D. Cole, of Washington, D. C.
  4. Apr 16 2021
    Reply of petitioner Mahanoy Area School District filed. (Distributed)
  5. Apr 05 2021
    Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
  6. Mar 31 2021
    Brief amicus curiae of Life Legal Defense Foundation filed. (Distributed)
  7. Mar 31 2021
    Brief amici curiae of Alliance Defending Freedom and Christian Legal Society filed. (Distributed)
  8. Mar 31 2021
    Brief amicus curiae of The Independent Women's Law Center filed. (Distributed)
  9. Mar 31 2021
    Brief amicus curiae of College Athlete Advocates filed. (Distributed)
  10. Mar 31 2021
    Brief amici curiae of Law and Education Professors filed. (Distributed)
  11. Mar 31 2021
    Brief amici curiae of Americans for Prosperity Foundation and The Rutherford Institute filed. (Distributed)
  12. Mar 31 2021
    Brief amici curiae of The National Women's Law Center, et al. filed. (Distributed)
  13. Mar 31 2021
    Brief amici curiae of Jane Bambauer, Ashutosh Bhagwat, and Eugene Volokh filed. (Distributed)
  14. Mar 31 2021
    Brief amici curiae of School Discipline Professors filed. (Distributed)
  15. Mar 31 2021
    Brief amicus curiae of The Becket Fund for Religious Liberty filed. (Distributed)
  16. Mar 31 2021
    Brief amici curiae of States of Louisiana, et al. filed. (Distributed)
  17. Mar 31 2021
    Brief amicus curiae of First Liberty Institute filed. (Distributed)
  18. Mar 31 2021
    Brief amici curiae of Current and Former Student School Board Members filed. (Distributed)
  19. Mar 31 2021
    Brief amici curiae of Advancement Project, Juvenile Law Center, et al. filed. (Distributed)
  20. Mar 31 2021
    Brief amici curiae of Student Press Law Center, et al. filed. (Distributed)
  21. Mar 31 2021
    Brief amicus curiae of VanHo Law filed. (Distributed)
  22. Mar 31 2021
    Brief amici curiae of Mary Beth Tinker & John Tinker filed. (Distributed)
  23. Mar 31 2021
    Brief amici curiae of HISD Student Congress, et al. filed. (Distributed)
  24. Mar 31 2021
    Brief amici curiae of Foundation for Individual Rights in Education, et al. filed. (Distributed)
  25. Mar 31 2021
    Brief amici curiae of Teachers, School Administrators, and the National Council of Teachers of English filed. (Distributed)
  26. Mar 31 2021
    Brief amici curiae of The Electronic Frontier Foundation, et al. filed. (Distributed)
  27. Mar 30 2021
    CIRCULATED
  28. Mar 30 2021
    Brief amicus curiae of Parents Defending Education filed. (Distributed)
  29. Mar 30 2021
    Brief amici curiae of Liberty Justice Center, et al. filed. (Distributed)
  30. Mar 29 2021
    Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
  31. Mar 26 2021
    Brief amici curiae of Pacific Legal Foundation, et al. filed. (Distributed)
  32. Mar 24 2021
    Brief of respondent B.L., a minor, by and through her father Lawrence Levy and her mother Betty Lou Levy filed.
  33. Mar 15 2021
    Record requested.
  34. Mar 12 2021
    SET FOR ARGUMENT on Wednesday, April 28, 2021.
  35. Mar 01 2021
    Brief amicus curiae of United States filed.
  36. Mar 01 2021
    Brief amici curiae of National School Boards Association, et al. filed.
  37. Mar 01 2021
    Brief amici curiae of Massachusetts, et al. in support of neither party filed.
  38. Mar 01 2021
    Brief amicus curiae of Nation Education Association in support of neither party filed.
  39. Mar 01 2021
    Brief amici curiae of National Association of Pupil Services Administrators and Pennsylvania Association of Pupil Services Administrators filed.
  40. Mar 01 2021
    Brief amici curiae of Pennsylvania School Boards Association and Pennsylvania Principals Association filed.
  41. Mar 01 2021
    Brief amici curiae of First Amendment and Education Law Scholars filed.
  42. Mar 01 2021
    Brief amici curiae of The Huntsville, Alabama City Board of Education, et al. filed.
  43. Mar 01 2021
    Brief amicus curiae of American Center for Law and Justice in support of neither party filed.
  44. Feb 24 2021
    Brief amici curiae of Cyberbullying Research Center, et al. filed.
  45. Feb 22 2021
    Brief of petitioner Mahanoy Area School District filed.
  46. Feb 22 2021
    Joint appendix filed. (Statement of costs filed)
  47. Jan 08 2021
    Petition GRANTED.
  48. Dec 16 2020
    DISTRIBUTED for Conference of 1/8/2021.
  49. Dec 14 2020
    Reply of petitioner Mahanoy Area School District filed.
  50. Nov 30 2020
    Brief of respondents B.L., a minor, by and through her father Lawrence Levy and her mother Betty Lou Levy in opposition filed.
  51. Oct 01 2020
    Brief amici curiae of Pennsylvania School Boards Association and Pennsylvania Principals Association filed.
  52. Oct 01 2020
    Brief amici curiae of National School Boards Association, et al. filed.
  53. Sep 28 2020
    Motion to extend the time to file a response is granted and the time is extended to and including November 30, 2020.
  54. Sep 21 2020
    Motion to extend the time to file a response from October 1, 2020 to November 30, 2020, submitted to The Clerk.
  55. Aug 28 2020
    Petition for a writ of certiorari filed. (Response due October 1, 2020)