Des Moines Independent Community School District, the Supreme Court allowed students to wear black armbands to protest the Vietnam War but said disruptive speech, at least on school grounds, could be punished. The key precedent is from a different era. But he added that schools had no business telling students what they could say when they were not in school. “It is difficult to exaggerate the stakes of this constitutional question,” he said. Justin Driver, a law professor at Yale and the author of “The Schoolhouse Gate: Public Education, the Supreme Court and the Battle for the American Mind,” agreed with the school district, to a point. “Only this court can resolve this threshold First Amendment question bedeviling the nation’s nearly 100,000 public schools.” “The question presented recurs constantly and has become even more urgent as Covid-19 has forced schools to operate online,” a brief for the school district said. In urging the justices to hear the case, the school district said administrators around the nation needed a definitive ruling from the Supreme Court on their power to discipline students for what they say away from school. The Third Circuit’s ruling is in tension with decisions from several other courts, and such splits often invite Supreme Court review. Next month, at its first private conference after the holiday break, the Supreme Court will consider whether to hear the case, Mahanoy Area School District v.
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