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Morse v. Frederick (2007)

WHAT DO YOU THINK??

DO YOU BELIEVE THE SUPREME COURT WAS CORRECT?

How do you feel about your rights as a student?

Do you believe that this case was important enough to be presented before the Supreme Court?

Do you believe that the banner could be interpreted as political speech?

Do you think that the incident could have been avoided if the principal had handled the situation differently?

Was this an issue relating to an idea that a school must provide a safe and healthy school environment?

Should it matter that the petitioner (Frederick) was 18 years old?

Should if have mattered that the incident did not happen on school property?

PRECEDENTS

BONG HITS 4 JESUS!!

PRECEDENTS

PRECEDENTS

Hazelwood v. Kuhlmeier (1988)

Bethel School District v. Fraser (1986)

Tinker v. Des Moines (1969)

The Court held that the students did not lose their First Amendment rights to freedom of speech when they stepped onto school property

In order to justify the suppression of speech, the school officials must be able to prove that the conduct in question would “materially and substantially interfere” with the operation of the school

The Court found that it was appropriate for the school to prohibit the use of vulgar and offensive language.

Chief Justice Burger distinguished between political speech which the Court previously had protected in Tinker v. Des Moines (1969) and the supposed sexual content of Fraser's message at the assembly.

Burger concluded that the First Amendment did not prohibit schools from prohibiting vulgar and lewd speech since such discourse was inconsistent with the "fundamental values of public school education."

The Court held that the First Amendment did not require schools to affirmatively promote particular types of student speech.

The Court held that schools must be able to set high standards for student speech, and that schools retained the right to refuse to sponsor speech that was "inconsistent with 'the shared values of a civilized social order," so long as their actions were "reasonably related to legitimate pedagogical concerns."

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