Updating Tinker for Social Media: SCOTUS Deep Dive

Updating Tinker for Social Media: SCOTUS Deep Dive

The U.S. Supreme Court confronted how to update its landmark student free speech ruling to accommodate social media and its ubiquitous use among students. Tinker v. Des Moines Independent Community School District said schools can't punish on-campus speech unless it could cause a substantial disruption at the school. The question at argument April 28 in the case of a student who didn't make varsity cheer and expressed her displeasure on Snapchat was whether the 1969 standard applies to off-campus speech directed at the school on social media. Joining Bloomberg Law's "Cases and Controversies" podcast to talk about issues around Mahanoy Area School Dist. v. B.L. are activists Charlie Mirsky, of March for Our Lives, and Maya Green, of Student Voice. They describe the importance of social media to student political activities and the kinds of speech at risk in this case. Hosts Kimberly Robinson and Jordan Rubin also discuss the court's newest Second Amendment case asking if there is a right to possess a gun outside of the home for self protection. It's a question left open by the landmark 2008 ruling in District of Columbia v. Heller and one that's baffled the lower courts. Finally, the podcast will dip into the court's latest 6-3 vote in an immigration case that didn't break down along the usual ideological lines.

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Episoder(279)

Justice Stephen Breyer on Trump, the Rule of Law, and Whether the Supreme Court is Political

Justice Stephen Breyer on Trump, the Rule of Law, and Whether the Supreme Court is Political

Former Supreme Court Justice Stephen Breyer sits down with Bloomberg Law's Matthew S. Schwartz to discuss the Court, executive power, Dobbs, judicial independence, and the rule of law. Reflecting on n...

1 Jul 58min

Supreme Court Term to Have Lasting Impact With Few Blockbusters

Supreme Court Term to Have Lasting Impact With Few Blockbusters

The Supreme Court term was limited in its blockbusters this year, but the decision to limit the power of lower court judges to issue nationwide injunctions will have the biggest impact, attorneys and ...

11 Jul 202530min

Justices End Term with Split Decisions and Powerful Dissents

Justices End Term with Split Decisions and Powerful Dissents

The Supreme Court closed out its term with a string of rulings that divided the justices. The court split 6-3 along ideological lines in opinions June 27 that limited the ability of lower courts to...

30 Jun 202515min

Trans Advocates See Glimmer of Hope After Loss at High Court

Trans Advocates See Glimmer of Hope After Loss at High Court

Transgender rights suffered a major loss at the US Supreme Court after its opinion in the Skrmetti case. But some advocates for transgender rights found reasons within the opinion to believe their cau...

20 Jun 202510min

Busy Opinion Season in Full Swing at the Supreme Court

Busy Opinion Season in Full Swing at the Supreme Court

The Supreme Court is chipping away at the mound of argued cases it has to decide before the justices break for summer. The court has 21 cases left after releasing its latest batch of opinions. Thos...

13 Jun 202520min

Trump's Tariffs Likely to Land On Justices' Shadow Docket Soon

Trump's Tariffs Likely to Land On Justices' Shadow Docket Soon

The justices have already had a deluge of emergency requests from the Trump administration, and another is likely to land before them soon involving the president's tariffs. Lower courts have tempo...

30 Mai 202518min

Justices Cast Doubt on Long-Term Precedent With Trump Firings

Justices Cast Doubt on Long-Term Precedent With Trump Firings

The Supreme Court's long-awaited order over the president's firing of Democratic members of independent agencies is puzzling, according to the lawyer representing one of the fired individuals. Gupt...

23 Mai 202529min

Justices Focus on Feasibility of Birthright Citizenship Limits

Justices Focus on Feasibility of Birthright Citizenship Limits

The practicalities of birthright citizenship being restricted in some states but not others appeared to be a concern of key justices on the US Supreme Court. President Donald Trump has asked the ju...

16 Mai 202512min

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