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Writing Assignment No. 1 – Speech & Basketball
Background
You are a young lawyer who works for the school system of Gallatin County in the State of Albert. Your supervisor, Terry, needs your help with a problem that has arisen at one of the county high schools, specifically whether the school can suspend a student from a sports team given the recent Supreme Court decision Mahanoy Area School District v. B.L.
M.W. a rising senior, has been on the women’s basketball team (the “team”) all three previous seasons and was widely expected to be voted in as captain and designated as the starting point guard for the second year in a row. She is one of the stars of the program, which has not done well for at least 15 years, but has been improving steadily in the last three seasons, in large measure because of M.W.’s skills.
Over Labor Day Weekend, just before school started, there was a party at the home of another student. M.W. attended, as did many of the high school’s other athletes and student leaders.
At one point during the party, someone asked M.W. what she thought about the team’s prospects. Another guest recorded most of what M.W. said on his phone. Among her comments were the following statements:
- “We’ll do fine if our f*)#@+g idiot coach will get out of our way.”
- “I can’t believe that Knight [the team’s coach] hasn’t been fired. He must know someone or have dirty pictures. The last time he attended a coaching clinic, Jordan was playing for Dean Smith.”
- “Seriously, the school must not care about women’s basketball, or it would hire a capable coach. It wouldn’t tolerate losing season after losing season in any of the men’s sports.”
- “All the other coaches know Knight’s a joke. They tell me they can’t imagine how we deal with him.”
- “I think the rest of the team is smart enough not to pay any attention to the plays Knight calls. They should attend practice and pretend to listen to him but ignore anything he says during a game. He doesn’t know what he’s doing.”
- Terry continues, telling you that by the end of the first day of classes, the recording had been widely shared at school and even throughout the community. The school’s principal spoke to M. W., Coach Knight, team players, and other coaches and teachers to assess the impact of M.W.’s comments on the team and school and concluded that M.W. should be suspended from the team. The principal explained to Terry that her decision is based on her judgment that M.W. continuing to play on the team will be a distraction to the team and the school.
First, other team players expressed concern to the principal about the difficulties of continuing to play with M.W., following her lead on the floor as point guard and at the same time following the instructions of Coach Knight. They admitted, however, that they agreed with M.W. that Coach Knight wasn’t a good coach, and that they’d had private discussions that many of his plays made no sense. The student who hosted the party said, “M.W. didn’t say anything about Coach Knight that hadn’t been said before within the team. Frankly, we’ve all kind of ignored him at times during games, but her saying it publicly just makes it awkward now.”
Second, the principal is worried that allowing M.W. to continue to play, even if she is reprimanded and apologizes, will be interpreted by the team, the school and indeed the community as endorsing what M.W. said about Coach Knight and the other coaches’ views. The other coaches vehemently denied ever saying anything about Coach Knight to M.W., but the principal is not sure she believes them; there have been lots of questions raised over the years about Coach Knight’s capabilities.
Third, the principal said that teachers reported that students asked them during class what they thought about M.W.’s comments, and several teachers are worried that allowing M.W. to play will continue to distract students; after every game the students will want to discuss whether a win or loss is because of M.W. or Coach Knight.
Finally, Coach Knight also teaches history, and the principal thinks that allowing M.W. to play will signal disrespect for him in his teaching role as well. Among other things, the principal said “If M.W. continues to play, it looks as if we’re throwing a loyal coach and teacher under the bus in favor of a star player. I know if we have a losing season, everyone will say it’s because I suspended M.W., but at least we’ll have signaled we have our teachers’ and coaches’ backs. I just can’t see allowing a student to get away with using that kind of kind of crude and cruel language about a coach and teacher.”
Your Task
Terry needs a memorandum from you that analyzes whether the school can suspend M.W. or whether doing so would amount to an infringement of her right of free speech, based solely on the recent ruling in Mahanoy Area School District v. B.L. Terry cautions you to only use that decision.
Terry tells you to address the following issues in your analysis, but they are not the only questions you should address, nor do you need to address them in this order:
- The opinion of the Court, written by Justice Breyer, says that courts should consider “three features of much off-campus speech [in considering whether] the leeway the First Amendment grants to schools in light of their special characteristics is diminished” and then considers those features as applied to B.L.’s speech as an “example” of such off- campus speech. How similar is M.W.’s off-campus speech to B.L.’s and how should the features be applied to it?
- The concurring opinion, written by Justice Alito and joined by Justice Gorsuch, sets out a “framework within which efforts to regulate off-premises speech should be analyzed.” What is that framework? How does it apply to M.W.’s speech and can the school regulate her speech by suspending her from the team?
- Do the different statements made by M.W. compel a different result? Could she be suspended for some but not others?
- Finally, Terry says that, while Justice Thomas’s dissenting opinion may be interesting, it is not going to help determine whether the school can suspend M.W. so don’t spend time reading it and instead focus on majority and concurring opinions.
General Instructions
It should be no more than 5 pages, double spaced, 12 point Times New Roman or similar type, with one inch margins. Submit it as a Word document via the appropriate link on NYU Classes. Include your first and last name in the document name.
Do not worry about proper citation. If you refer to a case or other authority, make it clear what you’re referring to and be consistent. Do italicize case names. You can refer to Mahanoy Area School District v. B.L. as Mahanoy and refer to “the majority opinion,” “the Court’s opinion,” “the concurring opinion,” “Alito’s opinion,” etc.
Your brief will be evaluated on the criteria in the Course Syllabus: Structure/Format, Clarity, Legal Reasoning, Argument and Creativity. Good luck!
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