A student is suing St. Louis Public Schools, claiming a suspension over a message violated his First Amendment rights. The district classified the message as sexual harassment; the lawsuit challenges the suspension under the First Amendment.
The lawsuit, reported by the St. Louis Post-Dispatch in a story by Blythe Bernhard, centers on a student who was suspended after the district classified a message as harassment.
The lawsuit challenges the district's suspension under the First Amendment.
A Legal Fight Over Off-Campus Speech
The case leans heavily on Mahanoy Area School District v. B.L., the 2021 U.S. Supreme Court ruling on schools' authority over off-campus social media posts. The 8-1 decision, as detailed by Oyez, held that the First Amendment limits, but does not entirely prohibit, schools' regulation of off-campus speech. The court also emphasized that off-campus expression generally falls under parental authority rather than the school's.
That 2021 opinion built on the 1969 landmark case Tinker v. Des Moines Independent Community School District, which established that school officials cannot restrict student expression unless it materially and substantially disrupts school operations or invades the rights of others, according to background compiled by Quimbee. The Mahanoy court went further, identifying three features that limit school authority over off-campus speech: it generally falls under parental responsibility, regulating it around the clock would sweep in all student expression, and schools have an affirmative interest in protecting unpopular student ideas, according to analysis from Americans for Prosperity.
The case also raises questions about schools' authority over off-campus speech.
District Policy and State Suspension Rules
St. Louis Public Schools' Student Code of Conduct for the 2025–2026 school year explicitly states the district can discipline students for off-campus conduct if administrators decide it negatively affects the on-campus educational environment, according to the code itself. Students and parents are required to sign and acknowledge the code each year.
The denial of the student's appeal traces back to state law. Under Section 167.171 of the Revised Statutes of Missouri, principals can issue summary suspensions of up to 10 school days without triggering a mandatory board-level appeal hearing, with formal board appeals reserved mainly for suspensions longer than 10 days. Missouri school discipline guidelines similarly note that while students are entitled to notice and a chance to present a defense, administrative stays pending appeal apply primarily to suspensions exceeding that 10-day threshold, according to materials from the Missouri Juvenile Justice Association. That framework helps explain why the student had limited administrative options before turning to federal court.
The lawsuit was filed over the suspension.
School Rankings
Metro Academic and Classical High School has a strong academic standing. The school was ranked No. 1 public high school in Missouri and No. 22 nationally in U.S. News & World Report rankings, according to KSDK.
The case also lands amid wider scrutiny of the district: a Missouri State Auditor's Office performance audit issued in August rated St. Louis Public Schools at the lowest possible level, “poor,” marking the second consecutive poor rating the district has received, as previously reported by Hoodline.
With the lawsuit pending, the case raises questions about how the First Amendment applies to school discipline for student speech. Its outcome could shape how school districts across Missouri handle student speech-related discipline going forward.
