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Do you believe Frederick's speech should be protected?
Joseph Frederick, Juneau- Douglas High School Senior.
Late to school, joined friends when he arrived.
Held up a large 14-foot banner with the words "Bong Hits 4 Jesus" on it.
Deborah Morse, the school principle, immediately demanded that Frederick take the banner down.
Refused.
Ten day suspension as punishment.
School appealed.
Writ of certiorari was filed with the U.S. Supreme Court on behalf of Morse and the Juneau School District (Juneau Empire).
Frederick sued Morse.
The Juneau School District in the U.S. District Court, District of Alaska claimed his constitutional rights were violated (Juneau Empire).
2006
2002
Finally, the case was seen before the Supreme Court.
Frederick won.
The 9th U.S. District Court of Appeals reversed lower court decision, finding Morse personally liable for violating Frederick's constitutional rights. (Juneau Empire)
Morse won.
Deborah Morse claimed that the banner could be seen as promoting illegal drug use.
The U.S. District Court, District of Alaska ruled in favor of Morse. The Principle's interpretation of the reading on the banner was reasonable.
Majority voted in favor of the principle, Deborah Morse. 5/4
"Because schools may take steps to safeguard those entrusted to their care form speech that can reasonably be regarded as encouraging illegal drug use, the school officials in this case did not violate the First Amendment by confiscating the pro-drug banner and suspending Fredrick," (p. 294).
"The constitutional rights of students in public school are not automatically coextensive with the rights of adults in other settings," (p. 295).
School sponsored newspaper written and edited by students.
School principle found two pages to be inappropriate for the student body. One page had an article on divorce and the other had info for birth control.
Tammy Hawkins was one of the editors.
Court ruled in favor of the school, 5/3.
Brother and sister wore black arm bands to protest Vietnam war.
School told them to take them off, if they refused suspension would result.
Tinker siblings wore the bands again the next day and were suspended.
Tinker siblings sued the school claiming violation of First Amendment rights.
Tinker siblings won 7/2. Symbolic political speech protected.
Matthew Fraser made speech nominating another student for student office.
His speech used "graphic sexual metaphor."
School administrators suspended him for two days and removed his name from the running for office.
Lower court ruled in favor of Fraser
But Supreme Court ruled reversed the ruling: 7/2 in favor of Bethel High School.
Morse v. Frederick continued to answer the question that Tinker began: What are the First Amendment rights of students in the classroom?
Morse v. Frederick, in a lot of ways, has served as our most current addition to the student free speech/First Amendment case timeline.
Though the burden of proof has remained on the school, the development of Tinker to Bethel to Hazelwood to Morse has increasingly stripped away more and more First Amendment rights of students and put more discretion in the hands of the public schools.
DEBORAH MORSE, et al., Petitioners v. JOSEPH FREDERICK. (n.d.). LexisNexis. Retrieved October 25, 2013, from http://www.lexisnexis.com.ezproxy.plu.edu/hottopics/lnacademic//
Empire. (n.d.). Morse v. Frederick Timeline. Juneau Empire. Retrieved October 25, 2013, from http://juneauempire.com/stories/031807/loc_20070318018.shtml
http://www.oyez.org/cases/1940-1949/1941/1941_255
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