Amy Coney Barrett on Education

Schools are limited in regulating student off-campus speech

Majority opinion: The Court ruled 8-1 that though there might be circumstances in which off-campus speech might fall under the purview of the school, this did not qualify. It did not involve bullying or threatening behavior, nor did it cause any disruptions at the school. Written by Breyer; joined by Roberts, Alito, Sotomayor, Kagan, Gorsuch, Kavanaugh, & Barrett.

Concurring opinion: Alito, joined by Gorsuch, focused on when a school is acting in loco parentis, agreeing that was not the case here.

Dissenting opinion: Thomas argued that, historically, a school can regulate off-campus speech if it has a tendency to harm the school, faculty, students, or programs.