Amicus Brief Filed in Supreme Court to Protect First Amendment Rights of Students of Color

Advancement Project National Office and Juvenile Law Center, along with law firm Arnold & Porter, have filed an amicus brief in the Supreme Court of the United States. In the brief, Advancement Project National Office, Juvenile Law Center, and Arnold & Porter argue that expanding the authority of schools to regulate off-campus student speech, such as social media use, has “ominous implications” for students of color and other marginalized student groups who already face disproportionate and excessive discipline. The argument echoes the historic Tinker v. Des Moines 1969 Supreme Court ruling, which secured students’ right to free speech in public schools.

While the groups’ legal action focuses on a young white student in Pennsylvania, the reality is that students of color nationwide consistently experience bias and discrimination in schools, which disproportionately excludes them from the classroom, leading to devastating long-term consequences.