Morse v Frederick Oral Argument: Please Comment

I am posting this early so those of you who have already listened to the SCOTUS oral argument can post a comment. Or a question. Don't feel you must do so until after Spring Break. But do try to post something by April 1.

Was there any exchange that you thought was particularly interesting or particularly good? Any questions from the Bench that you found interesting.

One good thing about listening to oral arguments as part of our on line learning is that you get to see great lawyers in action on a case that we are reading and studying. Is there anything you learned about oral advocacy from this oral argument?


My Comments

1. Notice how difficult it is for the parties to agree on a general test that allows public schools to teach students the lessons it wishes to teach in school-sponsored events without being too protective--or too under-protective--of student free speech.
2. Notice also that both sides agree that this is a viewpoint based speech restriction. The principal objected to the sign because she believed it encouraged illegal use of drugs. So, there is a lot at stake here.
3. Justice Breyer to counsel for the student: "And so I guess what I'm worried about is a rule that would... is on your side, a rule that takes your side; we'll suddenly see people testing limits all over the place in the high schools. But a rule that against your side may really limit people's rights on free speech.That's what I'm struggling with."(38:50) This is a hard case!
4. Suppose a school released students to view a gay pride march taking place on the street outside the school. And a student holds up a sign that says "Marriage is a Relationship Between One Man and One Woman." Protected speech? Not protected? Should it make a difference if the school had a policy celebrating diversity and inclusion as part of its educational mission? May the school suppress student speech on political and moral controversies whenever the student message contradicts a message that the school is trying to inculcate?