403 v. ... Student Press Law Center ⋅ 1608 Rhode Island Ave. NW, Suite 211 … Although the First Amendment states that the government cannot make any law “abridging the freedom of speech,” there are still many limits to where people can speak and what they can say. Communist Party v. Subversive Activities Control Bd. [nb 7] Further, "such questions are always paramount because schools are the training grounds for our nation's citizens and future leaders. [17] He defined the disruptiveness in general terms as behavior inimical to the educational mission of the school, and in specific terms as a violation of the school's announced policy to enforce and support laws with respect to the control of marijuana (and other laws in general).
Since 1972, we've been hard at work in communities and schools across the country and around the globe, developing programs and teaching materials that educate people about law and government. Under Tinker v. Des Moines Independent Community School District, they plainly were. Because schools may take steps to safeguard those entrusted to their care from speech that can be regarded as encouraging illegal drug use, the school officials in this case did not violate the First Amendment by confiscating the pro-drug banner and suspending Frederick.

��� N _rels/.rels �(� ���JA���a�}7� The District Court granted petitioners summary judgment, ruling that they were entitled to qualified immunity and that they had not infringed Frederick’s speech rights. [20] Starr responded by saying "the key is to allow the school official to interpret the message as long as that interpretation is reasonable."[21]. Tinker v. Des Moines Ind. Law Rep. 1 (discussing recent federal appellate court decisions of First Amendment challenges by students to disciplinary actions for wearing t-shirts proclaiming homophobic, racist, or anti-religious messages). [32], In Tinker, the school principal had punished students for wearing black anti-war armbands based on his "undifferentiated fear or apprehension of disturbance" or "mere desire to avoid ... discomfort and unpleasantness". There is no genuine issue of fact material to the decision. v. FREDERICK. The First Amendment demands more, indeed, much more. Law Rep., July 13, 2006, at 1, 6-11, available on Westlaw at 209 Ed. Thus, despite the fact that Morse v. Frederick is consistent with decisions from the Supreme Court and lower federal courts over the last two decades, his hope is that Chief Justice Roberts's majority opinion will be read through the prism of Justice Alito's concurring opinion, thereby having little effect on the already very limited First Amendment rights of students.[52]. Melinda Cupps Dickler noted that "The few courts that have discussed Morse have disagreed about the breadth of its holding,"[4] supporting this claim with the following citations: The American Civil Liberties Union directly participated in this case on the side of Joseph Frederick.

f��ˉ�ao�.b*lI�r�j)�,l0�%��b� For example, in Wisniewski, a student was suspended after school officials learned of an instant messenger icon he had created that depicted the shooting of his English teacher. MORSE et al.

Based on these concerns, the opinion concluded that the principal's actions were motivated by a "serious and palpable" danger of drug abuse quite different from the amorphous fears of anti-war sentiment at play in Tinker. 92 of Pottawatomie Cty. Those limits are captured in Tinker. Thomas lambasted Tinker for "usurping [the local school district as a] traditional authority for the judiciary". When one of the students who had brought the banner to the event—respondent Frederick—refused, Morse confiscated the banner and later suspended him.

But Frederick and his group did not participate in these disorders, saving their [*1116] energy for what they hoped would be their nationally televised sign display. of Independent School Dist. Mertz emphasized that the torch relay was not school-sponsored; that he had not stepped on school property at all before p the banner; that "BONG HiTS 4 JESUS" was intended to be—and was regarded as—a purely humorous message; and that the unfurling of the banner did not cause any disruption. Id. [38], Justice Stephen Breyer concurred in the judgment in part and dissented in part, arguing that the Court should not have directly answered the First Amendment question in the case, but rather decided it based on qualified immunity. However, he noted Justice Alito's concurring opinion, which suggests that the majority opinion might be exceedingly narrow and based on a very unusual factual context; Chemerinsky noted that if Justice Alito's opinion is seen as defining the scope of the holding, then the case establishes only the power of schools to punish speech encouraging illegal drug use rather than giving school officials great discretion to punish student speech. 92 of Pottawatomie Cty. At least two interpretations of the banner’s words — that they constitute an imperative encouraging viewers to smoke marijuana or, alternatively, that they celebrate drug use — demonstrate that the sign promoted such use. Petitioner school board also upheld the suspension.

[10][nb 3], The Ninth Circuit reversed the decision of the District Court. One scholar noted that "by its plain language, Morse's holding is narrow in that it expressly applies only to student speech promoting illegal drug use.

Consistent with established school policy prohibiting such messages at school events, Morse directed the students to take down the banner. [16] Kenneth Starr first spoke on behalf of the petitioning school principal. Frederick argues that his rights were violated as the regulations were applied to him. The school superintendent upheld the suspension, explaining, inter alia, that Frederick was disciplined because his banner appeared to advocate illegal drug use in violation of school policy. Morse v. Frederick. [5], One amicus, Drug Policy Alliance, argues that we should analyze this not as a student speech case, but simply as speech on a public sidewalk.

In 2002, students at a high school in Juneau, Alaska were allowed to briefly leave class to stand on a public street across from the school and watch the Olympic Torch Relay pass through town. "In short", he continues, "in the earliest public schools, teachers taught, and students listened. 47J v. Acton, 515 U. S. 646, and has recognized that deterring drug use by schoolchildren is an “important — indeed, perhaps compelling” interest. Teachers commanded, and students obeyed. Frederick was a student, and school was in session. In Tinker v. Des Moines Independent Community School Dist., 393 U.S. 503, the Court declared, in holding that a policy prohibiting high school students from wearing antiwar armbands violated the First Amendment, that student expression may not be suppressed unless school officials reasonably conclude that it will “materially and substantially disrupt the work and discipline of the school.” The Court in Bethel School Dist. Roberts, joined by Scalia, Kennedy, Thomas, Alito, First, Roberts recapitulated that student expression may be suppressed only if school officials reasonably conclude that it will "materially and substantially disrupt the work and discipline of the school"—observing however that this doctrine came from a case (. (c) A principal may, consistent with the First Amendment, restrict student speech at a school event, when that speech is reasonably viewed as promoting illegal drug use. [33] The First Amendment, concluded the opinion, "does not require schools to tolerate at school events student expression that contributes to those dangers". In November 2008, the district paid Frederick $45,000 to settle all remaining claims and agreed to hire a neutral constitutional law expert to lead a forum on student speech at Juneau-Douglas High School by the end of the school year. It further noted that part of a school's educational mission is "to educate students about the dangers of illegal drugs and to discourage their use". Email. Even though Frederick never got to school that morning, that was only because he got stuck in his driveway because of the snow.

403 v. Fraser, as opposed to Tinker v. Des Moines Independent Community School District, governed Frederick's school speech. [51] She notes that these questions—what First Amendment protection is owed to student speech, and how courts should analyze its censorship—are currently significant as schools struggle with the issues of discriminatory student speech or hate speech,[nb 6] and student speech threatening violence. United States Supreme Court. ���i�� Audio Transcription for Oral Argument - March 19, 2007 in Morse v. Frederick Audio Transcription for Opinion Announcement - June 25, 2007 in Morse v. Frederick John G. Roberts, Jr.: I have the opinion of the court in case 06-278, Morse versus Fredrick. The unanimous panel decision was written by Judge Andrew Kleinfeld. Frederick stood among other students across the street from the school and directed his banner toward the school, making it plainly visible to most students. Chief Justice Roberts delivered the opinion of the Court. In subsequent days, there was some pro-drug graffiti in the high school that the principal thought was "sparked" by the banner, but the principal did not rip down the sign at the rally because she anticipated or was concerned about such possible consequences. [nb 1]. EW� �v word/document.xmlܝ�r�F���j���l�dK�-�J̔mY�3��e)��[ ��@ ���U�aov�v_.O��s�@�%�q��f�E�&/���ya2J�(��������ٞW�~�q��/�a����_���i���Y��C$���؛�ev��a1��3�x0�FyZ����(�=L��h>��y�����P�_����(x�k?���=;�lu�4�5N�_�|�p��WUv��_F�(��c��a�{U��� ����� �?�/�U������J@��0c�&�4ʖ˸�h,q�t�i׳�=7ώ���^�m��,��l�r���z���b#���vG.
[30] To this point, the opinion cited statistics illustrating the problems of youth drug abuse. Morse v. Frederick, (551 U.S. 393 (2007)), is a United States Supreme Court case where the Court held, 5–4, that the First Amendment does not prevent educators from suppressing student speech that is reasonably viewed as promoting illegal drug use at or across the street from a school-supervised event. '”, Student Press Law Center ⋅ 1608 Rhode Island Ave. NW, Suite 211 ⋅ Washington, D.C. 20036 USA .K��DJ���oƎ&ӫg���v�fՄ`�S�.k�{���Ɗ��*�95[CdW��/���C,Hmc�ZD���([0"V΃���#�nÒ{!���d�Kg,���갸y��=��KV\�泌�i���9?���W�}��@��?Z����2U�ܼ[��9����V^2�luw�̠�"�0DΟ\P\9�2Tu���N�4Z On>8 1�.��V��v��&�]�R�d��BD\wOO���Gc{�4 ��7��2u��#���4@�~���)s;��Y�'X��b��8���{?Xg!���v�Y���pqĹ���荳��Y��������?�?B���74��b���;0Xg7i\�\?76�EҘ��G����M�.i�y�a�ׇ�ݐHs��}��s�@�曟��_ �� PK ! 06-278 Argued: March 19, 2007 Decided: June 25, 2007. [26] In reaching this conclusion, Roberts contrasted "the paucity of alternative meanings the banner might bear" against the fact that the two immediately available interpretations of the words support this conclusion: First, the phrase could be interpreted as an imperative: "[Take] bong hits ..."—a message equivalent, as Morse explained in her declaration, to "smoke marijuana" or "use an illegal drug". Frederick says that the words were just nonsense meant to attract television cameras because they were funny. MORSE ET AL. No. that "the constitutional rights of students in public school are not automatically coextensive with the rights of adults in other settings" ("in light of the special characteristics of the school environment"). For example, Congress has declared that part of a school’s job is educating students about the dangers of drug abuse, see, e.g., the Safe and Drug-Free Schools and Communities Act of 1994, and petitioners and many other schools have adopted policies aimed at implementing this message. The issue regarding qualified immunity does not need to be resolved since the principal did not violate the student’s rights. "[35] He opined that because parents entrusted the care of their children to teachers, teachers have a right to act in the place of parents during school hours.


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