Question: First, read the Morse v . Frederick Free Speech case, then post to the discussion board ( in writing ) according to the prompts below.
First, read the Morse v Frederick Free Speech case, then post to the discussion board in writing according to the prompts below.
Initial Post due Thursday:
After reviewing the case, please respond to the following questions:
Do you agree with the Court's holding? Why or why not? Support your answer accordingly.
Briefly summarize an additional example of a school speech restrictionviolation either your own, a relatives experience or a recent publicized scenario
CASE SYLLABUS: MORSE V FREDERICK
NOTE: Where it is feasible, a syllabus headnote will be released, as is being done in connection
with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of
the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See
United States v Detroit Timber & Lumber Co U S
SUPREME COURT OF THE UNITED STATES
MORSE et al v FREDERICK
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
No Argued March Decided June
At a schoolsanctioned and schoolsupervised event, petitioner Morse, the
high school principal, saw students unfurl a banner stating BONG HiTS
JESUS, which she regarded as promoting illegal drug use. Consistent with
established school policy prohibiting such messages at school events, Morse
directed the students to take down the banner. When one of the students who
had brought the banner to the eventrespondent Frederickrefused Morse
confiscated the banner and later suspended 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. Petitioner school board also upheld the suspension. Frederick filed suit
under U S C alleging that the school board and Morse had violated
his First Amendment rights. The District Court granted petitioners summary
judgment, ruling that they were entitled to qualified immunity and that they had
not infringed Fredericks speech rights. The Ninth Circuit reversed. Accepting
that Frederick acted during a schoolauthorized activity and that the banner
expressed a positive sentiment about marijuana use, the court nonetheless
found a First Amendment violation because the school punished Frederick
without demonstrating that his speech threatened substantial disruption. It also
concluded that Morse was not entitled to qualified immunity because Fredericks
right to display the banner was so clearly established that a reasonable
principal in Morses position would have understood that her actions were
unconstitutional.
FIRST AMENDMENT
MUSEUMPRIMARY SOURCESHeld: Because schools may take steps to safeguard those entrusted to
their care from speech that can reasonably be regarded as encouraging illegal
drug use, the school officials in this case did not violate the First Amendment by
confiscating the prodrug banner and suspending Frederick. Pp
a Fredericks argument that this is not a school speech case is rejected. The
event in question occurred during normal school hours and was sanctioned by
Morse as an approved social event at which the districts studentconduct rules
expressly applied. Teachers and administrators were among the students and
were charged with supervising them. 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. Under these circumstances, Frederick
cannot claim he was not at school. Pp
b The Court agrees with Morse that those who viewed the banner would
interpret it as advocating or promoting illegal drug use, in violation of school
policy. At least two interpretations of the banners wordsthat they constitute an
imperative encouraging viewers to smoke marijuana or alternatively, that they
celebrate drug usedemonstrate that the sign promoted such use. This prodrug
interpretation gains further plausibility from the paucity of alternative meanings
the banner might bear. Pp
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. In Tinker v Des Moines Independent Community School Dist.,
U S the Court declared, in holding that a policy prohibiting high
school students from wearing antiwar armbands violated the First Amendment
id at 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, id at The Court in Bethel School Dist. No
v Fraser, U S however, upheld the suspension of a student who
delivered a high school assembly speech employing an elaborate, graphic, and
explicit sexual metaphor, id at
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