The Court said the phrase "Bong Hits 4 Jesus" reasonably could be viewed as promoting illegal drug use. 3, 8 Feb. 2013. The dissent conceded that the principal should have had immunity from the lawsuit, but argued that the majority opinion was "[...] deaf to the constitutional imperative to permit unfettered debate, even among high-school students [...].". 1633–1664. 795 F. 2d 1368, 1375 (CA8 1986). The district court dismissed the case on summary judgement, but the Ninth Circuit Court of Appeals reversed the decision, holding there was no substantial disruption under Tinker and that Frederick’s Constitutional rights were violated (Frederick). The dissent similarly refers to the sign’s message as “curious,” post, at 1, “ambiguous,” ibid., “nonsense,” post, at 2, “ridiculous,” post, at 6, “obscure,” post, at 7, “silly,” post, at 12, “quixotic,” post, at 13, and “stupid,” ibid. On the other side, the United States Department of Justice (DOJ) also filed an amicus brief. Tinker held 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 513. First Amendment question. Morse v. Frederick, 551 U.S. 393 (2007), is the most recent of a series of landmark Supreme Court cases on student free speech in public high schools. Students were allowed to leave class to observe the relay from either side of the street. FOR IMMEDIATE RELEASE CONTACT: [email protected] WASHINGTON - The American Civil Liberties Union today criticized the Supreme Court's 5-4 ruling in Morse v.Frederick, which held that Alaska public school officials did not violate a student's free speech rights by punishing him for displaying a banner during a public event. Share this: Click to share on Facebook (Opens in new window) ... One student, Joseph Frederick, was suspended from school for holding up a banner that read “BONG HiTS 4 JESUS” as the Relay went by. Our most recent student speech case, Kuhlmeier, concerned “expressive activities that students, parents, and members of the public might reasonably perceive to bear the imprimatur of the school.” 484 U. S., at 271. Because Frederick was punished for his message rather than for any disturbance, the Circuit Court ruled, the punishment was unconstitutional. See Fraser, 478 U. S., at 682; Kuhlmeier, 484 U. S., at 266. . (Image via Wikimedia Commons, public domain). One student—among those who had brought the banner to the event—refused to do so. Fourth Amendment rights, no less than First and Even more to the point, these cases also recognize that deterring drug use by schoolchildren is an “important—indeed, perhaps compelling” interest. 06-278 Argued: March 19, 2007 Decided: June 25, 2007. At the same time, we have held that “the constitutional rights of students in public school are not automatically coextensive with the rights of adults in other settings,” Bethel School Dist. Principal Deborah Morse took away the banner and suspended Frederick for ten days. Language Log, July 7, 2007. Gale OneFile: LegalTrac. (1:18-cv-00057 Document 55 D.Utah 2018). 92–95; App. 5520 states: “The Board specifically prohibits any assembly or public expression that … advocates the use of substances that are illegal to minors … .” Id., at 53a. First Amendment bugle. Despite argument over whether interactions online between students is a sufficient “school context” for Morse to apply, the rise of social media has effected many cyberbulling reforms. . for Cert. Agreeing with the school board and the DOJ that preventing drug use is inherent to the mission of schools, Roberts held Morse did not violate Frederick’s First Amendment rights by confiscating the banner or suspending him (Morse). Juneau School Board Policy No. In the case, an 18-year-old Alaska student's unfurling of the sign on a public street near his school led to his suspension. The students sought to engage in political speech, using the armbands to express their “disapproval of the Vietnam hostilities and their advocacy of a truce, to make their views known, and, by their example, to influence others to adopt them.” Id., at 514. Change ), You are commenting using your Twitter account. There is no suggestion that school officials attempted to regulate [Fraser’s] speech because they disagreed with the views he sought to express”). A high school student posted a Snapchat video of herself singing explicit lyrics boasting about having made the cheer team, resulting in her dismissal from the team for failing to adhere to the team’s social media guidelines. Harrow, Jason. In Morse v. Frederick, 551 U.S. 393 (2007), often referred to as the “Bong Hits 4 Jesus” case, the Supreme Court ruled that it is not a denial of the First Amendment right to free speech for public school officials to censor student speech that they reasonably believe encourages illegal drug use. Greenhouse, Linda. The Supreme Court ruled that Morse did not violate Joseph Frederick’s First Amendment rights. Under the circumstances, the court held that “Morse had the authority, if not the obligation, to stop such messages at a school-sanctioned activity.” Id., at 37a. 403 v. Fraser, 478 U.S. 675 (1986), Frederick v. Morse, 439 F. 3d 1114 (2006), Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988). Fredrick took it to the District court for violation of his first amendment rights. While cases such as Tinker and Fraser determined the initial scope of school speech rights, Morse modified the Tinker test by placing an additional exception to what can be considered free speech in schools – that certain types of speech can be considered disruptive if they disrupt the school’s inherent interest in protecting students from harm. The U.S. Court of Appeals for the Ninth Circuit reversed. Post was not sent - check your email addresses! . Analyzing the case under Tinker, the District Court and Court of Appeals found no disruption, and therefore no basis for disciplining Fraser. The Court rejected the school’s argument that under the Bethel School District No. "The Supreme Court Fails Semantics." As a Supreme Court ruling, Morse is not inherently selective. 46–48. (quoting Tinker, supra, at 506). id., at 689 (Brennan, J., concurring in judgment) (“In the present case, school officials sought only to ensure that a high school assembly proceed in an orderly manner. With the ruling in Nuxoll, the school policy of banning “derogatory comments” was permitted, under the reasoning that such comments were harmful to students even if not directly threatening or violent (Id.). The dissent mentions Frederick’s “credible and uncontradicted explanation for the message—he just wanted to get on television.” Post, at 12. On January 4th, 2002, student Joseph Frederick held up a banner stating “BONG HiTS 4 JESUS” across the street from a school-sponsored event. 403 U. S. 15 (1971) Id., at 99. In ruling for Morse, the Court affirmed that the speech rights of public school students are not as extensive as those adults normally enjoy, and that the highly protective standard set by Tinker would not always be applied. 478 U. S. 675 22–23 (Principal Morse); App. 1) Does the First Amendment allow public schools to prohibit students from displaying messages promoting the use of illegal drugs at school-supervised events? 549 U. S. ___ (2006). The judgment of the United States Court of Appeals for the Ninth Circuit is reversed, and the case is remanded for further proceedings consistent with this opinion. Until the Supreme Court accepts another student speech case to provide this guidance, however, the ruling in Morse will continue to cause inconsistencies in lower courts. Fourth Amendment rights . "Misuse and Abuse of Morse v. Frederick by Lower Courts: Stretching the High Court's Ruling Too Far to Censor Student Expression." “Vote against Banner Shows Divide on Speech in Schools.” New York Times, June 26, 2007.

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