ABC News Update: Supreme Court sides with cheerleader in 1st Amendment case

Plus: What to know about the battle over Britney Spears’ conservatorship ahead of her court appearance.
23:42 | 06/23/21

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Transcript for ABC News Update: Supreme Court sides with cheerleader in 1st Amendment case
Hi everyone I'm Diana say they were coming on the air with breaking news in a major First Amendment case the Supreme Court has ruled 81. In favor of a former high school student punished by preschool after posting a boulder video on social media. The school had accused and fourteen year old brandy Levy of reaching a code of conduct. And suspended her from cheerleading for an entire year after seeing a curse filled video rant she posted after she didn't make the varsity cheerleading squad. Justice Breyer wrote the opinion in this case concluding that quote while it might be tempting. To dismiss the students words as unworthy of First Amendment protections sometimes it's necessary to protect mr. purple is order in order to. Preserve the necessary. Joining me with more honest let's go to senior national correspondent Terry Moran senior Washington reporter Devin Dwyer and on the phone Supreme Court contributor. Kate show DeVon I'll start with you one of the big question questions in this case was whether the school could apply its code of conduct for speech. That happens off campus so what are the practical implications of this decision particularly with the prevalence of social media now. While this is a win for brandy Levy we went up to Pennsylvania few weeks ago Diana met with her. Odd she's not gonna be surprise made this decision to lower federal court said the school went too far here. But in punishing her. Four this Bober tweet she said after hours in line to get a dairy queen on a weekend. Several years ago she's graduated now she wants this case behind her so she's already won she was reinstated to the team. This is really about as you suggest the standard that the schools will be able to use going forward. And humor it was actually a small win for the school's Justice Breyer rolled back. A sweeping appeals court decision that said schools have zero power to regulate students' speech any time the students are off campus here he said. They're actually are some circumstances. When they can regulate student speech particularly cyber bullying threats online cheating those are the circumstances. So so and the schools don't have that they have no power regulates student speeches is very limited. I kid how did the justices reached this decision. It's no wonder the president can obviously get resolving the dispute between the party in front of them but there are betting that caught the ball for teachers school administrators student parent as well. Until puberty sort of get with H Morgan basically take its long standing Supreme Court precedent that you. Students don't shop they're free speech rights at the school has peaked based Gil get kept the protection of the First Amendment and Andhra public school. But school you have significant authority to regulate speech during the credit substantially disrupted that a perky educational environment for the student have right. But the school do you get to regulate charm exercise extreme speech. Current public it would equipping decreed that he would extend that recent English to students speak happens off campus. And encouraging students do you enjoy the protection of the person magnet and their you don't teaching impeached if there. Here is important. But squeal do you have a pentagon thank. Some regulatory authority if student speech it disrupted vehicle involved cheating at terror threats or bullying. So if the court during the delicate balance that. Preserves strong speech rights for student. On but also kids pretty significant authority and discretion to school administrators to regulate where they need to protect the educational and garbage that's just. So Terry it sounds like a lot of this will come down to whether or not this off campus speech in future meets a certain bar. That the school have to decide NL ultimately the courts will have to decide if a case like this comes back into court. That's right there's no sane law that hard. Cases make bad law that that judges try to remedy something in a difficult case might go too far. Petty cases like this one this is this is somebody complaining that didn't make it cheerleading squad and it was on snapped chat. Which is as social media where that message disappears after a certain time but while it was still there. One of the go one of the young ladies one of the girls in the school took a picture of it showed it to the cheerleading coach was quite offended. And so this is that then. The pettiness of a coach who was offended at that this curse Slaton. Who ran by this young lady who did not make a cheerleading squad and now it's in the Supreme Court in answer to your question. Why do students. Give up first amendment rights to some degree why do schools have power. In order to. Afford to. To preserve the educational mission of the school any speech that might. Disrupt. The school to such an extent the school's educational mission and purpose is. Are our. It can be regulated by the school threats and you can imagine kind of on social media anybody's a parent of a young person today knows. There's very giver when I was in school when I was at school you went home and you left school behind now. Right you bring school home and you bring school bond. You bring your Europe home ramps on to. The school property and so that's what made this case difficult and interest thing. But at the court justice prior maintains and the court holds with the exception of Justice Thomas. That the schools regulation of students' speech must remain tethered to that educational mission. That that if there is a U bona fide legitimate. Educational reason to limit school speech that it's so disruptive or so threatening. Or so deeply offensive. The school may although he didn't really outlined win. Stepped in and limit that speech in this case. All the court to have looked at it said this is pettiness and the school doesn't have that right but that the district court here does acknowledge. That off campus speech sometimes. Might reach that level. Interfering with the school's educational mission. So DeVon given there's seems to be a lot of gray area in this decision what's the likelihood we see a case like this. Go before the courts again. And we know there are some already percolating Diane the ACLU. Has been leading the way on this. I'm but we heard a lot in we will hear more today no doubt from the schools the principles associations the superintendents associations. Who really feared this case. For what they said would be handcuffing their ability to keep kids safe. But to keep the learning environment protected is tearing K we're talking about. Eight you know an even in sports teams and extracurricular activities we interviewed a number of coaches who worried. That codes of conduct that students agree to. As part of these teams as was the case here Brandi Levy agreed to a code of conduct not to speak ill of the team the school or anyone else. In the sport. After hours on campus you name it. They say she broke that agreement which she made with the schools schools are worried and today we'll take some time they have to figure out how this shakes out. Whether they'll be able to enforce those policies going forward as well Diane. And Kate an 821 decision here by the Supreme Court we've seen a large number of unanimous decisions by the court. Well what is this decision do for the general just up the court seems pretty united overall right now. It had been striking over the course of the last few weeks at these high profile efficiently in the trump come down and I think. Yet we weren't sure whether this is a trend that was just you know it illusory because police occasions we're gonna break along familiar kind of ideological line. And just really happened could not materialize so I do think that the court. The junket is deemed to be working very hard edge to reach unanimous sort quote to you can't mixed results indicate couldn't even get a Coke and Cochran I don't bite of one. And it can Rebecca but at about and there's been a lot of public attention to the court and caution but between court structural reform talker court packing which. We don't comparative youth about how the impact damage opposite but they don't want that couldn't convert. Or the public mucking around in court he composed term limits or cheating there aren't but the court. Indeed and that they can on the on the market so they're not just an ideological bloc each that potentially they need you know people could use some of that auction or interest don't think there's a view that. It was actually kind of strategic. He maybe you can book to ward off potential interference with the court battle between the method more probably the public. But the court you to a market and operating outside of politics doing something different than implementing the political or ideological content into the job. I'm so I do think if he. To be to keep that the jump to bid on a boat a couple of pornography the court are working pretty hard to try can't even eat together on Dickey didn't defend my message to the public that we don't have. Another. But I do agree and striking trend that first goal trauma that even composed. I'm very conservative court making a lot of pretty moderate compromise bash. And Terry as the court seems to send out this message that it is at the apolitical body it was intended to be at least right now. Justice breyer's getting a lot of pressure from Democrats to retire well Joseph Biden is in office and in the early. Early part of his. Tenure in office what's the latest on that. What Democrats of course remember Ruth Bader Ginsburg who had. I fought cancer for decades successfully. But towards the end of her life and career on the court there was concern. That she should retire while there was a democratic Prez and why Barack while Barack Obama was president and she did not and the surprise of many people John Donald Trump was elected president and the rest is history they don't want to repeat that history Democrats. So they're pressuring. Stephen Breyer who is 82 years old and in fine health but. They're looking ahead to the possibility that the Republicans could take the senate. Next year and Mitch McConnell has already said publicly that he will not confirm it stand in the way as he did was bronco Obama. On the Supreme Court justice confirmation. Certainly 20/20 four the election or maybe even a 20/20 three met just stop confirming Supreme Court justices. And with that. In mind. What the Democrats are saying to justice breyer's leave now. Leave now and in fact there is a there's a truck going around sprinkle with a billboard ounces retire Breyer. He has pushed back on that and in fact in some ways that kind of pressure there's a letter from law professor some progressive law professor saying the same thing. That could just get him did dig his heels and if he had any thought about it at all it is entirely up to justices when they leave the constitution gives them life tenure. In except for a bit if they were to be impeached for some reason and he shows no signs of going but. You never know. Ryan Tamer and Evan Dreyer case always great to have you thank you opt. Thanks. Then again the Supreme Court just upheld a major First Amendment decision citing in favor. Have a high school she lead cheerleader who had been suspended from the squad over in boulder snapshot video of this court citing. That that speech was protected under the First Amendment. And coming up Britney Spears is set to give a rare testimony over her conservative ship this afternoon we come back what to expect in the new report over just how little control. The pop star act passed over her life. Welcome back here's a top stories are watching for you today including the latest on the pandemic health officials are urging on people to get vaccinated against Kobe nineteen. As concerns grow over the delta variant which now accounts for about 20%. Of new cases here in the US the variance has been reported in at least 47 states and appears to have sparked outbreaks in areas with lower vaccination rates. Doctor Fathi says the good news is the vaccines are affected against the delta variant. Right now only about a third of eighteen to 24 year olds have been fully backs natives are announcing a big push. Again for young people to be vaccinated. President Biden meanwhile is set to announce new plans to combat gun violence. The White House says Biden will reveal a comprehensive strategy targeting law breaking gun dealers providing federal resource is to police departments. And allowing communities to reap purpose millions of dollars a pandemic released Sunday. For programs proven to prevent gun violence. The president is also expected to ramp up his calls for congress to pass gun legislation. He's scheduled to lay out his plans in a speech this afternoon at 3:30 eastern time and we will bring that to you live when it happens. Would be homebuyers are seeing the largest price surge on record it's not posing a problem for first time in lower income buyers were being crowded out of the market. The median price of an existing home in May rose about 350000. Dollars. The first time ever a to 24%. Increase from last year economists expect prices will keep climbing this year and moderately into next year. But they say un forcing events can shake things up which is why it's so important. Not to get over extended. And Britney Spears is set to make a rare virtual court appearance today in a legal battle over her court ordered conserve or ship. For thirteen years the conservative ship has given her father Jamie control over much of the pop star's life and money. And while her father has maintained she could undo that conservative or ship at any time. The New York Times now reports spears has been fighting to end it for years Keira Phillips has the latest. She's the voice of a generation. I say this is. Giving us that unmistakable. Sound that can only be. He's here. Multi platinum album sales was sold out two wars. A former judge for the expected great I felt like a had a connection. And oh wildly successful stints in Vegas. Better next venue a lot less flashy. This stage. A downtown Los Angeles courthouse the princes of pop. Planning to use her voice for it different kind of performance okay. Yeah at. For the first time in nearly thirteen years. Britain will address the court directly telling the judge and what she thinks of dickens' server or ship she's been under. Following that 2008. Public meltdown and and media frenzy. They custody battle for her children and two hospitalizations. And her. The anomaly conservative shift. Appropriate and not appropriate. What assertion is appropriate where someone has lost the ability and it's our decisions themselves. The fact consumers should miss years and it's typically four people who lost that ability won't get back that's the elderly and the client or people who are suffering from dementia. Britney's conservator ship was initially orchestrated fire fathered Jamie it included tube components. Personal and financial. Allowing her father to make life decisions for her while also controlling what is now currently estimated sixty million dollars state. And it was just after that 2008 court order handed TV document a rare glimpse into how Britney felt about it. If I wasn't going to have changed and I Monterey county EMI you. All the looters and doctors news people analyzing me every day it is that kind of stuff like if outlet and they have to feel so later he is. Didn't feel like myself and really tell people that in mind when I tell her Malia feels like they hear me that he really listening. They're hearing what they weren't here and I really listen to what I'm Italian. Place. Back. Yeah. Since then britney's court appointed lawyers Daniel. Says his client has called the conserve leadership both voluntary. But is seeking substantial changes including her father's removal. As co conserve water covered finances and alongside the financial institution Bessemer trust New England says Britney isn't afraid ever father and will not perform again Gifford daddy is in charge of her career. Bahraini robot asked Jamie spears lawyer about the statement. Why would that happen why would that statement be made. Throughout one each money. Britney and her father had many conversations. And in fact early on in the pandemic they spent two weeks with other family members hunkered down in Louisiana. Britney and Jamie one on long drives together. They played and worked in the Stanley card and and every night Jamie cook southern comfort food that the family aid can enjoy together. And in that time Britney never expressed those words to her father she's never asked him to step aside. And while he retains control over finances Jamie did step down as personal conserve Ritter in 2019. Citing health reasons he's been replaced by Jody Montgomery. Who Britney has asked to stay on permanently. The New York Times out with a new report after obtaining confidential court records from 2016. Revealing Britney was more opposed to the conserved orders ship. Then previously known and felt forced to perform. The conservative ship restricting who she dating even that color ever kitchen cabinets whom. According to the times a court investigator wrote and Brittany articulated she feels they conserve readership has become an impressive and controlling tool against her. And one at the conservative ship terminated as soon as possible. Citi's Britney Spears fit that description. Of someone that should have a conservative ship. She doesn't fit the typical description she's young and she appears to be our function in its skin her name. Like here in Las Vegas performing in one of the most successful big name musical residency is of all time. All the while under this can Serb leadership. So if she's confident enough healthy enough to perform on stage. Wouldn't she be competent enough to make her own decisions. Someone who is very high functioning my hair for whatever reason be susceptible brought her under undue influence. For example in 2019. When a restraining order was renewed against Sam Lecce in 2007. Britney Stanley claims he was a member of her management. And at one point allegedly living with her let feet argued in court papers he hadn't contacted Britney Spears in ten years and that are lawyers had not shown bedie caused her harm. People were harming her never exploiting her. Jamie saved Britain slice. Jamie's attorneys claim that when he stepped in as conserve water in 2008 and despite his daughter's huge success. Britney's assets were only worse. Two point eight million dollars in the release of the explosive New York Times documentary. Framing Britney Spears telling a slightly different. Story and she accepted the officers who was gonna happen but she didn't want her father to be conservative. Brittany revealing on social media she didn't watch the dock but she cried from embarrassment writing I still cry sometimes hall the documentary highlighting the hash tag free Britney movement. I. Yeah. A passionate group of Britney fans. Who believe she is being controlled against her will my dad taking off her decision slice still in the celebrity voices like Sarah Jessica Parker and rose and a gallon and Miley Cyrus bald calling for something to be dying friend Paris Hilton also weighing in. I just love her so much Madison. Yellow appeared until he should be able to you look at life hormones or not he controls. Britney's father. Fighting back telling the New York Post I love my daughter I love my kids but this is our business it's private. It's up to the court of California to decide what's best for my daughter who was so far Britney has not asked the court to end her conserving her ship. What do we not know. The law we don't know the nature of these proceedings this confidential. And yet says. Britney's brother Brian weighing in speaking with drew Plotkin on the podcast. As not seen on TV. I she's she's morally yeah Adam. Bryant will ultimately to commending the conservative ship what it's been a great thing for what room. At this point in. I mean you don't remember great for the family room. Fearful Britney fans and not so sure. With more than thirty million followers on instant Graham they dissect. Every image and caption confused and concerned about her mental. Health ready guys asking me it's basically what does the red refrigerators it's on its. Honestly I just out of school the pop star supporters reaching out are you okay so I'm totally fine. Are extremely happy as a beautiful home beautiful children. Iron. I'm taking a great great now the case as. I'm enjoying myself now the question is will she also tell that to the court. What do you when he hear from Britney Spears. I think I want to hear what everyone wants to hear which is what does she want to. I think it we wouldn't you know in this year's wants I think the public and rest assured that could assist in his second. Well the princes and pop continues to protect her private life own way and it took the stage of game. Has really get. I'm having fun right now I'm a transition in my life and enjoying myself and you're Phillips may ABC news Washington. Right here is thanks for that and you can watch battle over Brittany where we shed a spotlight on her conservative ship. And what's next that's stay at 12 PM eastern right here. On ABC news lives and that doesn't that is ABC news live update I'm Diana Zeta thanks for joining us remember ABC news live is here for you all day with the latest news context and analysis. I'll see you back here at 3 PM eastern with Terry Moran for the breakdown. Stacy.

This transcript has been automatically generated and may not be 100% accurate.

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