Actually, if you as a teacher perceive the potential for a fight to start you call for an administrator. And that doesn’t mean anyone has to be punished.
I said earlier in the thread that the best thing to do was to have her sit down with her coach and teammates and resolve it amicably. I don’t think what she did was terribly awful. She was upset and needed to blow off steam.
Does the 1A explicitly exclude swear words? If it does, I presume there is not a list of swear words. Unless the 1A is not absolute, how would the SC find in favour of the school?
Where do you draw the line? What if she had posted all lives matter and someone reported it? What if someone saw a blue lives matter flag in background and reported it? Both can cause trouble now days. Your right the school should have just talked to her but they didn’t. At some point they have to draw a line. Leaving a vague ruling in place gives people on both sides too much room to interject their personal feelings on their personal woke campaign.
With social media everything is in school. A pissed off teenage girl, oh the horror, made no threats.
Let me explain it this way as someone who worked in a high school (I will be making assumptions based off of 20 years of experience). So she posts her rant, the other cheerleaders see this and get pissed off. A few of her teammates approach her IN SCHOOL and they get into a heated argument IN SCHOOL. Shortly after the administration gets alerted and based on their school policies and discipline procedures make what they deem as an appropriate resolution. The next step is for her parents to contact the school and sit down with the administration to discuss an alternative means of resolution.
Regarding the Tinker case from the link:
"Mary Beth Tinker and four other students went to court after they were suspended for wearing black armbands to school to protest the war.
By a vote of 7 to 2, the high court ruled at the time for the first time that kids do have First Amendment free speech rights at school, unless school officials reasonably forecast it will cause disruptions." (emphasis mine)
Breyer made this point:
“I’m frightened to death of writing a standard,” liberal Justice Stephen Breyer said.
No. If they approach her in school and it gets heated, the school addresses the getting heated in school.
I don’t care if somebody has been doing it for 200 years. It is not the purview of a school to mediate conflicts that arise outside of the school. The school does not raise these children.
The school has nothing to do with an opinion expressed off of school grounds on social media.
Tinker and her friends wore the armbands to school. completely different scenario.
You are rationalizing suppression of expression for “cheerleader morale”. No.
They are mad and lashing out at this girl because they don’t like what she said - wrongspeak.