Abstract
Introduction
In May 2017, a high school student received the news that she made the junior varsity cheerleading squad for her sophomore year. The student then learned that an incoming freshman placed on the varsity squad over her. In response to this, the student posted a picture of herself and a friend on Snapchat, displaying their middle fingers and saying “f school, f softball, f cheer, f everything.” Soon after the student’s post, the coaches of the cheer squad suspended the student for one year, citing the school’s Cheerleading Rules. After the school board refused to get involved, the student’s father filed suit in the District Court for the Middle District of Pennsylvania, alleging a violation of the student’s First Amendment rights because the student’s speech occurred off-campus. The District Court ruled in favor of the student because the student’s speech occurred off-campus and could not have created a substantial disruption to the school environment under the standard established in Tinker v. Des Moines Independent Community School District.