Under pressure from a First Amendment lawsuit, Chappaqua Central School District has implemented a sweeping new regulation that strengthens protections for student speech, leading to the dismissal of a high-profile legal case filed by the Foundation for Individual Rights and Expression (FIRE).
The dispute began when a student, O.J., was suspended after his friend posted a rap song online that included lyrics deemed offensive by school officials.
The track, created off school grounds and outside of class time, featured the refrain “faggot, fart, balls” and incorporated another contributor’s verses containing graphic themes. Three complaints prompted school administrators to discipline O.J. under their existing “hate speech” policy.
The student’s father argued the school had overstepped its authority, invoking the US Supreme Court’s 2021 ruling in Mahanoy Area School District v. B.L., which established that schools cannot regulate student expression that occurs off campus and causes no disruption to school operations.
When those arguments failed to reverse the punishment, he reached out to FIRE, which filed suit in April 2024 in federal court.
“The Supreme Court’s decision in Mahanoy Area School District v. B.L. clearly states that students’ off-campus, nondisruptive speech is protected by the First Amendment,” said FIRE attorney Colin McDonell. “That is true even when the speech receives criticism.”
Following months of negotiations, the district and FIRE reached a resolution. The school board formally adopted a First Amendment regulation aligning its code of conduct with constitutional standards and state law. The agreement also required the removal of O.J.’s suspension from his record and included a $70,000 payment from the district’s insurer to cover FIRE’s legal expenses.
In a press release, FIRE attorney Greg H. Greubel emphasized the broader implications of the agreement: “With its adoption of a First Amendment regulation, the board of education has affirmed the rights of its students to engage in protected speech on and off campus,” he said.
“We’re pleased that we could work with the board to avoid further litigation and turn this situation into a positive outcome for our client and all students in the district.”
We obtained a copy of the agreement for you here.
