Sunday, March 22, 2020

Morse V. Frederick

The first oral argument we will listen to is Morse v. Frederick, a public school speech case.

Here is a link to the oral argument and other helpful information on Oyez Oyez: LINK

After Spring Break, I will write a blog post on the Morse oral arguments and ask each of you to provide one insight or thought you had while listening to the oral argument. This will help you stay engaged with one another as we do our on line learning.

Here are the relevant facts of Morse as set forth by Oyez:





Facts of the case

At a school-supervised event, Joseph Frederick held up a banner with the message "Bong Hits 4 Jesus," a slang reference to marijuana smoking. Principal Deborah Morse took away the banner and suspended Frederick for ten days. She justified her actions by citing the school's policy against the display of material that promotes the use of illegal drugs. Frederick sued under 42 U.S.C. 1983, the federal civil rights statute, alleging a violation of his First Amendment right to freedom of speech. The District Court found no constitutional violation and ruled in favor of Morse.... The U.S. Court of Appeals for the Ninth Circuit reversed. The Ninth Circuit cited Tinker v. Des Moines Independent Community School District , which extended First Amendment protection to student speech except where the speech would cause a disturbance. Because Frederick was punished for his message rather than for any disturbance, the Circuit Court ruled, the punishment was unconstitutional....

Question

 Does the First Amendment allow public schools to prohibit students from displaying messages promoting the use of illegal drugs at school-supervised events?

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