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One evening, Madison Perez, a popular cheerleader at L.A. High School, records a TikTok from the privacy of her home. In the TikTok she calls
One evening, Madison Perez, a popular cheerleader at L.A. High School, records a TikTok from the privacy of her home. In the TikTok she calls insults a classmate, Daria Ray, over her physical appearance. Perez has thousands of TikTok followers, among whom many are her L.A. High classmates. As a result of the video, many people begin to ridicule and bully Ray at school. Ray decides to fight back by releasing her own TikTok, again from the privacy of her own home and not during school hours, that makes fun of Perez. In addition to criticizing Perez for being a superficial cheerleader, she also accuses Perez of being a "crazy MAGA Republican" and "anti-abortion religious freak." The Perez-Ray rivalry becomes a big conversation topic at the school. In one incident, a group of students were arguing about the TikToks in the hallway and the argument was loud enough that a teacher had to ask the students to stop yelling at each other and get to class (the students complied). In another incident, some students were bickering about the issue at the beginning of their biology class, and the teacher had to ask them to stay quiet and save it for lunch break (the students complied and there were no further issues in that class). Nevertheless, the biology teacher complained about the incident to the principal. The principal then decided to suspend both Perez and Ray for two weeks. He also threatened to expel both students if they continued to post insulting TikToks. Perez and Ray, who are now united by their shared sense of grievance against the school, jointly file a lawsuit, arguing that the school has unconstitutionally punished their off-campus, protected speech. Is their lawsuit likely to succeed?
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