Keystone State News Connection

April 27, 2021

Supreme Court to Hear Student Free-Speech Case

Andrea Sears

HARRISBURG, Pa. — Can a school discipline students for things they say outside of school?

The U.S. Supreme Court will consider the question tomorrow in a Pennsylvania case.

In 2017, a high school sophomore was kicked off the Mahanoy Area High School cheerleading squad for posting a picture and text online the school district believed to be “negative,” “disrespectful,” and “demeaning” about cheerleading.

Sara Rose, senior staff attorney for the ACLU of Pennsylvania, said courts have ruled schools have broad powers to discipline students for speech considered disruptive when they are in school, but this student’s Snapchat message was posted on a Saturday and sent only to friends.

“We think it’s really important that the court decide that when they’re no longer under the school’s supervision, when they’re under their parents’ supervision, students and their parents get to decide what’s appropriate for them to say, and not the school,” Rose explained.

A brief filed by the school district claims schools should be able to treat students alike when the disruptive speech is directed at the school no matter where it originates.

Some appellate courts have ruled students can be punished for speech outside of school. But Rose pointed out that, in this case, the Third Circuit Court of Appeals was the first to limit that disciplinary power.

“They said when the speech is not harassing, threatening or bullying normal First Amendment standards apply,” Rose recounted. “You don’t apply this standard that’s really deferential to school officials when the kids are outside of school.”

She noted all but one of the other off-campus student free-speech cases involved speech that could be considered threatening or harassing.

In 1969, the Supreme Court ruled schools can punish students for speech in school that materially and substantially disrupts school activities.

Rose pointed out in this case, the school is asking the court only to rule that it can apply that standard to speech outside school.

“If the court were to rule that, they’ve asked them to remand the case back to the Third Circuit to make findings on whether our client’s speech caused a material and substantial disruption,” Rose outlined.

She added 24 organizations, ranging from conservative religious groups to civil-rights advocates, have filed amicus briefs on behalf of the student in this case.

Pennsylvania population lag costs state a US House seat
By MARC LEVY Associated Press
HARRISBURG, Pa. (AP) — Official word on Monday that Pennsylvania’s population growth continues to lag behind the nation’s marks the 10th consecutive decade the Keystone State has lost clout, even as it rose a notch to the fifth-most populous state. Pennsylvania will have one fewer electoral votes in presidential elections — from 20 to 19. It also will have one fewer U.S. House seats. Census figures show Pennsylvania’s resident population crept to just over 13 million last year from 12.7 million in 2010, a 2.4% gain. That’s far behind the nation’s growth of 7.4%. That could mean Pennsylvania will see a reduced share of federal money for Medicaid, social programs and infrastructure.

Judge sets hearing on Graham Spanier’s pending jail sentence
By MARK SCOLFORO Associated Press
HARRISBURG, Pa. (AP) — Graham Spanier’s lawyers are expected to be in a Pennsylvania courtroom next month as a judge considers whether the former Penn State president should have to report to jail to start serving his sentence related to the Jerry Sandusky child molestation scandal. A judge in Harrisburg said Monday the May 26 hearing will address a motion by the state attorney general’s office seeking to enforce Spanier’s jail sentence. A message seeking comment was left for Spanier’s legal team. Spanier was found guilty by a jury of a single misdemeanor count of endangering the welfare of children. He was sentenced to a minimum of two months in jail.

(Story by Beaver County Radio News Correspondent Curtis Walsh)

(New Brighton, PA)  The New Brighton Area school board met tonight for the second meeting of the month.  They approved a number of motions that were discussed in their meeting earlier this month.  Two agreements were approved to lease classroom space to two companies, one being the operator of Head start and the other Tiny Tots, for the 2021-22 school year.  The board then approved to exonerate school property taxes in the amount of $2,386.09 for a parcel located at 907 10th Street, for 2019 and 2020. The parcel was purchased by a Pittsburgh company from the repository of unsold property.  The board also approved the Beaver County Career and Technology Center’s general fund budget of $6,234,249.00 for the 2021-22 school year.  Also approved is a three year agreement with the New Brighton Police Department  to provide coverage at athletic and school events through 2024.  Another item approved that was discussed at the last meeting is that New Brighton will move forward with a co-op agreement with Freedom for soccer and wrestling.  The board approved to establish the agreement for the 2021-22 school year for Varsity Boys Soccer and Varsity Wrestling.

(Story by Beaver County Radio News Correspondent Curtis Walsh)

(Rochester Township, PA) The Rochester School Board met tonight to vote on a variety of motions.  First approved were multiple requests by dance studios to use the building to host rehearsals and recitals at an approximate cost of $1,046.50 to 1,546.50 per studio, depending on services needed.  The board then had to take a roll call vote on a request to exonerate  $3,382.93 worth of delinquent school real estate taxes on a parcel located at 313 Deer Lane, a property that has been in the tax repository since 2018.  The board voted 4-2 and the request was approved.  The board went on to approve the administration to enter into discussions to purchase two parcels of undeveloped and unused land on Maryland Avenue at a cost of a maximum of $10,000 to develop additional parking.  Also on the agenda was the approval of an agreement for an emotional support program for students in grades 1-8 for the 2021-22 school year at a cost of $143.53 per day per student if purchased in advance and $149 for additional seats.  The elimination of two first grade teaching positions was approved as well, based on a decrease in enrollment.  Another position that was approved to be eliminated is the secretary to the assistant principal.

On Tuesday’s Teleforum program with host Eddy Crow, the topics will include (but not be limited to) SCOTUS and the scheduled conceal carry gun case; The latest covid vaccination news (hint: not great), and how to set yourself on fire while drinking with your buddies. Teleforum is every weekday from 9 till noon on AM1230WBVP, AM1460WMBA, and 99.3FM presented by St. Barnabas.

Harrisburg, PA – Today, Department of Conservation and Natural Resources (DCNR) Secretary Cindy Adams Dunn announced the start of aerial spraying of state woodlands to combat gypsy moth populations poised for spring outbreaks in some sections of Pennsylvania.

“As the insects emerge and begin feeding, the suppression effort will begin in early May,” Dunn said. “Our recent cool, wet springs had emerged as an enemy of the gypsy moth in years past, but populations have climbed in some areas to a point where aerial spraying is needed to keep this invasive pest in check and protect the trees from defoliation.”

DCNR’s Bureau of Forestry will oversee spraying of 146 sites totaling 203,569 acres. Included will be nine state forests, nine state parks, state game lands and sections of the Allegheny National Forest in 19 counties located in south central, central, north central and north west Pennsylvania.

State parks to be sprayed: Black Moshannon, Centre County; Blue Knob, Bedford County; Chapman, Warren County; Colton Point, Tioga County; Hyner View, Clinton County; Kinzua Bridge, Warren County; Leonard Harrison, Tioga County; Little Pine, Lycoming County; and Prince Gallitzin, Cambria County.

“In Pennsylvania, these destructive, invasive insects go through cycles where outbreaks occur every five to 10 years,” said DCNR Forest Health Manager Dr. Donald Eggen. “Populations had declined in years past thanks to the gypsy moth fungus disease and wet spring weather but that no longer is the case for 2021.”

The gypsy moth suppression program is conducted with the goal of preventing defoliation so that trees do not become stressed and succumb to disease, other insect pests, or drought. Aerial spraying will be conducted by helicopter and fixed-wing aircraft.

Targeted sites are determined by surveys of egg masses and other indicators across the state indicating gypsy moth populations are increasing and have the potential to cause major defoliation.

Feeding while in the larval — or caterpillar — stage, the insect usually hatches and begins feeding from mid- to late April in southern Pennsylvania, and in early to mid-May in the northern part of the state. Oak, apple, sweet gum, basswood, birch, aspen, and willow trees are affected the most by the gypsy moth.

Bureau of Forestry experts note the state’s oak stands are especially vulnerable to gypsy moth infestation, often resulting in tree mortality. The loss of habitat, timber, and tree growth are considerable when gypsy moth populations go untreated. A tree begins to significantly suffer when 30 percent or more of its leaf surface is lost.

Biological in nature, the applied insecticides must be ingested by young caterpillars as they feed on emerging foliage.

Begun in 1972, the forest insect spray program is a cooperative effort among DCNR and the U.S. Department of Agriculture Forest Service’s Forest Health Protection Unit.

The gypsy moth was introduced to North America in 1869 at Medford, Mass., where it was used in a failed silk-production experiment. The gypsy moth first reached Pennsylvania in Luzerne County in 1932, and since then has infested every county.

(Enon Valley, Pa.) Pa State Police in New Castle said via release that an Enon Valley man has refused to press charges involving a theft of equipment and tools from him.

State Troopers stated that the theft occurred on March 3, 2021. James Cook reported at that time that someone stole a chain saw, tools, an AC Sniffer and a car battery from him. The items were valued at approximately $270.00.

The release stated that Cook refused to cooperate with Troopers in regards to filing charges.