Case Leroy was a senior at a New York public high school. After school and away from campus, he posted a Snapchat photo showing a friend kneeling on his neck next to a car, with the caption “Cops got another.” The image resembled the killing of George Floyd. Leroy said he initially thought the photo was a joke and deleted his post after about seven minutes when he understood why people found it offensive. A screenshot continued to spread online, however, and the post led to complaints, school discussions, a student demonstration, and media attention.

The school district suspended Leroy and barred him from extracurricular activities for the rest of the school year. Leroy argued that the First Amendment protected his speech because he created and posted it away from school and because it was not a threat. The district argued that it needed to respond to the disruption and racial tension the post caused at school.

The Second Circuit ruled for Leroy. Relying on the Supreme Court’s decision in Mahanoy Area School District v. B.L., the court stressed that schools generally have less authority over student speech that takes place off campus. The court found that Leroy’s post was not a true threat or fighting words and had little connection to the school when he made it. Although the reaction to the post reached school, the district’s interests in teaching racial sensitivity, preventing disruption, and protecting students were not strong enough to justify punishing this off-campus expression.

The case reinforces an important rule: schools may sometimes regulate off-campus student speech, but their authority is more limited there. A controversial or offensive post does not automatically become punishable just because it later causes discussion or protest at school.