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On January 24, 2002, during the olympic torch relay through Juneau, Alaska; Joseph Frederick a senior at Juneau-Douglas High School brought a banner that he and friends held up during the ceremony saying,"Bong hits 4 Jesus" Deborah Morse, the principal walked over and told them to take down the banner because it promoted illegal drug use. Frederick refused to take it down so Morse took the banner from him and suspended him from school for 10 days for "violating school policy, which forbids advocating the use of illegal drugs" (uscourts.gov)
The court ruled that the school officials can punish students that display messages promoting illegal drug use. Chief Justice John Roberts opinion is that even though students do have freedom of speech, in school at least, the right does not let them show messages that encourage drug use when the school's goal is to discourage drug use.
Frederick sued Morse for violating his first amendment right to freedom of speech. He sued under 42 U.S.C. 1983, the federal civil rights statue.
The court said that Frederick's punishment was unconstitutional since he was punished for his message than for being a disturbance as the first amendment ninth circuit states. So Morse had no immunity at this point because she should have known her actions were unlawful.
The U.S district court for the district of Alaska was in favor for Morse, because according to the ninth circuit citing Tinker v. Des Moines; where students have freedom of speech to an extent; i.e. when their message causes a disturbance. Also the court said that even if there was a violation of Frederick's rights, Morse qualified for immunity against lawsuit.
2. Does a school official have qualified immunity from a damages lawsuit under 42 U.S.C. 1983 when, in accordance with school policy, she disciplines a student for displaying a banner with a drug reference at a school-supervised event?
Does the first Amendment allow public school to prohibit students from displaying messages promoting the use of illegal drugs at school-supervised events?
https://reedsmassmedia.wordpress.com/2010/09/10/morse-v-frederick-bong-hits-4-jesus/
https://reedsmassmedia.wordpress.com/2010/09/10/morse-v-frederick-bong-hits-4-jesus/