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Morse vs. Frederick

Issues

Case Details

Who?

The two sides of the case were student and plaintiff, Joeseph Federick and principal and defendant Deborah Morse.

Whether a principal violates the Free Speech Clause of the First Amendment by restricting speech at a school-supervised event when the speech is reasonably viewed as promoting illegal drug use. From Morse's persepctive the banner did promote the use of illegal drugs even though it was not directly stated.

Joseph Frederick, a senior at Juneau-Douglas High School, unfurled a banner saying "Bong Hits 4 Jesus" during the Olympic Torch Relay through Juneau, Alaska on January 24, 2002. Frederick's attendance at the event was part of a school-supervised activity. The school's principal, Deborah Morse, told Frederick to put away the banner, as she was concerned it could be interpreted as advocating illegal drug activity. After Frederick refused to comply, she took the banner from him. Frederick originally was suspended from school for 10 days for violating school policy, which forbids advocating the use of illegal drugs.

- USCourts.gov

Where?

The Morse vs. Frederick case occured in the sate of Alaska in the city of Juneau.

The Ruling

Future Impact

The U.S. District Court for the District of Alaska ruled for Morse, saying that Frederick's action was not protected by the First Amendment. The U.S. Court of Appeals for the Ninth Circuit reversed and held that Frederick's banner was constitutionally protected. The U.S. Supreme Court granted certiorari.

The impact "Bong Hits 4 Jesus" left on the nation was that freedom of speech cannot be applied to school conduct while that conduct itself is being broken. The banner could've been thought of promoting illegal drugs therfore it went against the schools conduct code. A better understanding of the 1st Amendment's details within schools is carried on today.

The Problem

The title of the banner, "Bong Hits 4 Jesus" could be interpreted as promoting the selling and use of illegal drugs. The banner was used during a school event. If the the event was not considered a school supervised one, the case could've turned the other way.

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