The National Coalition Against Censorship (NCAC) filed an amicus brief in front of the United States Court of Appeals for the Second Circuit, joined by the Foundation for Individual Rights and Expression and the Manhattan Institute, in the case of Leroy v. Livingston Manor Central School District. Case Leroy, a high school senior at a New York public school, posted a photo on social media depicting his friend kneeling on his neck with the caption “Cops got another.” This photo was taken outside of his school campus after school hours. Realizing that some viewers might find the post to be a racist reference to the murder of George Floyd, Leroy removed the post after a few minutes. Before he did so, another student reposted the photo on other social media platforms. The school subsequently suspended Leroy and barred him from participating in non-academic extracurricular activities for the remainder of the school year. Leroy sued, alleging that the school violated his First Amendment rights. The district court granted the school’s motion for summary judgment, finding that Leroy’s speech caused a substantial disruption in school and thus his rights were not violated.
NCAC’s brief argues that Case’s suspension was unconstitutional because the First Amendment protects his photo and caption. Punishing Case for the reactions of his classmates to his speech amounts to a “heckler’s veto,” and is antithetical to the principles of free expression. Case’s photo and caption are off-campus political speech beyond the reach of school teachers and administrators. If left standing, the district court’s ruling would have forced public school students to surrender their First Amendment rights, even off campus. The Second Circuit agreed with NCAC’s argument, reversing the district court’s decision in an October 2025 ruling.
Read the full amicus brief here:
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