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CHAPPAQUA, NY, June 25, 2025 — The ��ݮ��ƵAPP���� agreed to drop its First Amendment lawsuit against Chappaqua Central School District after the district’s board of education adopted a robust First Amendment regulation that will protect the constitutional free speech rights of its students.

FIRE sued the district in 2024 on behalf of O.J., an LGBTQ+ student suspended for violating the district’s “hate speech” definition in its code of conduct because he used the words “faggot” and “twink” in a rap song recorded in his friend’s home after school. In the song, O.J. rapped the refrain, “faggot, fart, balls.” The song also included another person’s lyrics, which contained violent imagery. After O.J.’s friend uploaded the song to a music-sharing website, the school received three complaints and promptly suspended the student.

“In the Supreme Court’s decision in Mahanoy Area School District v. B.L., the Court held that students’ off-campus, nondisruptive speech is protected by the First Amendment,” said ��ݮ��ƵAPP���� attorney Colin McDonell. “That is true even when the speech receives criticism.”

In communications with the district, O.J.’s father cited Mahanoy and argued the school could not punish his son for his off-campus speech because it did not disrupt the educational environment. When this proved unsuccessful, O.J.’s father reached out to ��ݮ��ƵAPP���� for assistance. On April 15, 2024, ��ݮ��ƵAPP���� sued the district on behalf of O.J. and his father in the federal district court for the Southern District of New York.

After commencement of the lawsuit, ��ݮ��ƵAPP���� and the district worked together to craft a First Amendment regulation that would protect its students’ rights to express themselves both on and off school campus, consistent with and reconciled with Mahanoy and the New York State Dignity for All Students Act and its regulations. The district’s insurer also agreed to pay $70,000 to ��ݮ��ƵAPP����, encompassing attorneys’ fees, and the district removed the disciplinary action based on the song from the student’s file.

“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,” said ��ݮ��ƵAPP���� Senior Attorney Greg H. Greubel. “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.”

The ��ݮ��ƵAPP���� (��ݮ��ƵAPP����) is a nonpartisan, nonprofit organization dedicated to defending and sustaining the individual rights of all Americans to free speech and free thought — the most essential qualities of liberty. ��ݮ��ƵAPP���� educates Americans about the importance of these inalienable rights, promotes a culture of respect for these rights, and provides the means to preserve them.

CONTACT:

Karl de Vries, Director of Media Relations, ��ݮ��ƵAPP����: 215-717-3473; media@thefire.org