Morse v. Frederick

Morse v. Frederick

Supreme Court Decision

The school board petitioned the Supreme Court to review the Ninth Circuit's decision. Chief Justice Roberts, writing for the majority, concluded that the school officials did not violate the First Amendment for Frederick.

By: Phoenix Benson-Davis

Precedent

The precedent set in this case was that schools can punish students for some speech because they lose some rights when entering the school. Also pro-drug speech can be punished if it's on school grounds or at events.

Case year:

2006

The school district agreed to settle out of court before judges reached a decision.

Lower Courts

Summary

In 2002, students and staff at Juneau-Douglas High School were allowed to leave school early to watch as the Olympic Torch passed by. Joseph Frederick, who was late for school that day, joined some friends on the sidewalk across from the high school so they could unfurl a banner reading "BONG HiTS 4 JESUS".

The District Court dismissed Frederick's case on summary judgment and reasoned that Morse and the school board had not infringed Frederick's First Amendment rights.

The US Court of Appeals Ninth Circuit ruled that Frederick's punishment was unconstitutional because it was a non-disruptive, off-campus speech by students during school activity.

When they displayed the banner, then-principal Deborah Morse ran across the street to seize it and originally suspended Frederick for five days for violating the school's anti-drug policy, but later increased the suspension to ten days.