Morse V. Frederick Case Report

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Recommended: Democratic freedom of speech in a school system

Title and Citation: Morse v. Frederick, 551 U.S. __, 127 S. Ct. 2618 (2007) Facts of the case: During the Olympic Torch Relay through Juneau, Alaska on January 24, 2002 Senior Joseph Frederick displayed a banner saying “Bong Hits 4 Jesus” (Facts and Case Summary: Morse v. Frederick). This presented an issue with the principal, Deborah Morse, who told Frederick to not display the banner because it could be interpreted as encouraging illegal drug activity at a school sponsored event (Facts and Case Summary: Morse v. Frederick). Frederick refused to obey Morse and so the banner was confiscated from him and he was suspended from school for 10days based upon the violation of a school policy which forbids the advocacy of illegal drug usage on banners or other materials which is supported by current law (Facts and Case Summary: Morse v. Frederick). Joseph Frederick brought suit against his principal for violation of the first amendment freedom of speech stating his banner was not intended to promote illegal drug activity but an attempt to catch the attention of television cameras (Facts and Case Summary: Morse v. Frederick). The U.S. District Court held that Morse was justified in her suspension of Frederick for his actions and that it was not protected by the First Amendment (Facts and Case Summary: Morse v. Frederick). However, the U.S. Court of Appeals for the Ninth Court reversed the decision stating that the schools suspension was unconstitutional and violated his first amendment rights because he was punished for the content of his speech and any disturbance it could have caused (Facts and Case Summary: Morse v. Frederick). The U.S. Supreme court granted certiorari in the end (Facts and Case Summary: Morse v. Frederick) Issue... ... middle of paper ... ...gal drug use (Facts and Case Summary: Morse v. Frederick). Analysis: This is a case of great importance because it addresses the issue of the broadness of the First Amendment as well as student’s freedom of speech rights being limited based on vicinity and because they are students. From this case it can be concluded that the courts were indecisive in their decision making process and that they will continue to interpret the First Amendment to their suiting and not as it is written. Finally, schools do need to have the right to enforce policies that are beneficial to the students. Citation Facts and Case Summary: Morse v. Frederick. (n.d.). USCOURTSGOV RSS. Retrieved April 24, 2014, from http://www.uscourts.gov/educational-resources/get-involved/constitution-activities/first-amendment/free-speech-school-conduct/facts-case-summary.aspx

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