![]() ![]() Roberts first dismissed the argument that the case was not a student speech case at all. reasoned that school officials have the power to prevent students from advocating drug use, stating that “schools may take steps to safeguard those entrusted to their care from speech that can reasonably be regarded as encouraging illegal drug use.” Writing for the majority, Chief Justice John G. (AP Photo/Evan Vucci, used with permission from the Associated Press.) Court ruled that school officials can prevent students from advocating drug use Frederick (2007), in which 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. They were protesting during the case Morse v. In this photo, Luke Remchuk, of Bethesda, Maryland, left, Kevin Newcomb, of Bethesda, Maryland, center, and Jay Hartman, of Adelphi, Maryland, right, protest for students free speech outside the Supreme Court in Washington, Monday, March 19, 2007. The Supreme Court ruled that Morse did not violate Joseph Frederick’s First Amendment rights. Fraser (1986) and Hazelwood School District v. ![]() ![]() Morse argued that the Ninth Circuit strayed from the Court’s later student-speech decision of Bethel School District No. Morse and the school board appealed to the Supreme Court with the free legal assistance of former federal appeals court judge and independent counsel Kenneth Starr. The Ninth Circuit also ruled that Morse was not entitled to qualified immunity because it was clearly established that Frederick had a First Amendment right to display his banner. Des Moines Independent Community School District (1969). According to the Ninth Circuit, her actions violated the principles of the Supreme Court’s landmark studentspeech precedent, Tinker v. The Ninth Circuit Court of Appeals reversed, finding that Morse violated Frederick’s First Amendment rights when she punished him based on the content of his speech without showing that his expression would cause any type of disruption. A federal district court dismissed the suit, reasoning Morse had the authority to punish Frederick for his message that she reasonably interpreted “directly contravened the Board’s policies related to drug abuse prevention.” He then filed suit in federal court, contending Morse had violated his First Amendment rights. Frederick, then Morse appealed court decisionsįrederick administratively appealed his suspension to no avail. ![]() After Frederick quoted Thomas Jefferson’s “speech limited is speech lost,” she doubled his suspension period. She initially suspended him for five days. School principal Deborah Morse grabbed the banner and ordered Frederick to her office. Frederick, who stood off-campus with several others with his banner, claimed he picked this message not for any commentary on drugs or religion, but simply as a First Amendment experiment to test his free speech rights. Frederick had skipped school that day, intent on displaying his message before television cameras. The case began in January 2002 when Joseph Frederick, an 18-year-old student at Juneau-Douglas High School in Alaska, unfurled a 14-foot banner with the message “Bong Hits 4 Jesus” as the Winter Olympics torch relay passed by a public street near his school. Frederick suspended for unveiling banner referencing drug use 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. (Image via Wikimedia Commons, public domain) The Supreme Court held that a school could censor student speech that they believe encourages illegal drug use. 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 original "Bong Hits for Jesus" banner that led to a Supreme Court decision on student speech now hangs in the Newseum Institute in Washington, DC. ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |