2nd Circuit Overturns N.Y. School’s Punishment for Off-Campus Post Evoking George Floyd Killing

Overview

• Leroy, a Livingston Manor High School senior, posted a Snapchat photo taken off campus showing a friend kneeling on his neck with the caption “Cops got another,” then deleted it after minutes as a screenshot spread widely.
• The superintendent suspended Leroy and barred him from activities for the rest of the year following complaints, in-school discussions, an assembly, and a student demonstration.
• A federal district judge initially upheld the discipline, but the U.S. Court of Appeals for the Second Circuit reversed, holding the punishment violated Leroy’s First Amendment rights.
• Judge Barrington Parker’s opinion rejected equating off-campus social media with on-campus speech and found the cited disruption insufficient under Mahanoy’s limits on school authority.
• In a concurrence, Judge Myrna Pérez emphasized that off-campus threats, bullying, or harassment that create fear and impede learning may be subject to school regulation.