Chester Law Day “Advancing the Rule of Law, Now”

Sixth-grade students from Stetser Elementary School in Chester, (Delaware County), PA, will present oral argument of a case involving a student’s freedom of expression.  The student was suspended from school and removed from the basketball team in response to posting a TikTok video, critical of the school’s treatment of minority students.  The argument is particularly timely, especially in light of last week’s argument before the United States Supreme Court in Mahanoy Area School District v. B.L. .   The moot court argument is substantially similar to the situation posed by the facts in B.L. In addition, Mary Beth Tinker, a student whose protest of the Vietnam War resulted in her suspension from school will share her thoughts as a litigant in a school speech case.  In 1969, the Supreme Court decided Tinker v. Des Moines Independent Community School District which held that school regulation of student speech is permitted where it can be shown that such speech would result in a material and substantial interference with the operations of the school or invade the rights of others.  This decision has been at the heart of school speech jurisprudence for over 50 years. The Law Day Program, while conducted virtually, continues the DCBA’s tradition of celebrating our Nation’s unique heritage and the strength derived from the rule of law.  The rule of law is the bedrock of American rights and liberties—in times of calm and unrest alike. The 2021 Law Day theme—“Advancing the Rule of Law, Now” — reminds all of us that we the people, every day, share the responsibility to promote the rule of law, defend liberty, and pursue justice.