Blue Mountain School District. v. J.S.

Disclosure: John Elwood, a regular contributor to this blog, serves as counsel to the petitioner to this case but is not involved in the selection of cases for the “Petition of the day” feature.

Issue: (1) Whether and how the Supreme Court’s decision in Tinker v. Des Moines Independent Community School District (1969) applies to online student speech that originates off campus and targets a member of the school community; and (2) whether and how the Court’s decision in Bethel School District No. 403 v. Fraser (1986) applies to lewd and vulgar online student speech that originates off campus and targets a member of the school community.

Briefs and Documents

Certiorari-stage documents

• Opinion below (3d Cir.) -
• Petition for certiorari
• Brief in opposition
• Amicus brief of National School Boards Association
• Reply brief for the petitioners