VS, Argued: March 19, 2007 Decided: June 25, 2007 Our Supreme Court Case was Morse v. Frederick. The situation was between Deborah Morse and Joseph Frederick. The incident was argued March 19, 2007 and the ultimate decision was made on June 25, 2007. http://s3.reutersmedia.net/resources/r/?m=02&d=20070625&t=2&i=1010507&w=580&fh=&fw=&ll=&pl=&r=1010507 http://images.morris.com/images/juneau/mdControlled/cms/2009/03/22/413174070.jpg Argued: March 19, 2007 Decided: June 25, 2007

Limits on student speech in public schools Issue Under Debate: Limits on student speech in public schools

Juneau-Douglas High School Juneau, Alaska It all started at Juneau-Douglas High School in Juneau, Alaska. The school of which Frederick attended as a senior, under the ruling of principal Deborah Morse. http://www.ktoo.org/wp-content/uploads/2014/10/JDHS_1.jpg

Olympic Torch Relay Juneau, Alaska, January 24,2002 On January 24, 2002, the Olympic Torch Relay passed through Juneau, Alaska, on its way to the winter games in Salt Lake City, Utah. The torchbearers were to proceed along a street in front of Juneau-Douglas High School (JDHS) while school was in session. Petitioner Deborah Morse, the school principal, decided to permit staff and students to participate in the Torch Relay as an approved social event or class trip.Students were allowed to leave class to observe the relay from either side of the street. Teachers and administrative officials monitored the students' actions. http://mediad.publicbroadcasting.net/p/kuac/files/201311/tumblr_mw5zqilkGL1s3rhrro1_1280_0.png

Joseph Frederick Frederick never made it to school because he claimed he was stuck in snow during his drive to school, but later joined his classmates on a public sidewalk across the street from the school, not on school property, to view the lighting of the Olympic torch. http://images.morris.com/images/juneau/mdControlled/cms/2009/03/22/413174070.jpg

Television cameras passed by and he and his friends unfurled a large banner which said “Bong Hits 4 Jesus”, a slang reference to marijuana smoking. Principal Morse immediately crossed the street and demanded that the banner be taken down. Everyone but Frederick complied. Morse confiscated the banner and told Frederick to report to her office, where she suspended him for 10 days. Morse later explained that she told Frederick to take the banner down because she thought it encouraged illegal drug use, in violation of established school policy. Juneau School Board Policy No. 5520 states: "The Board specifically prohibits any assembly or public expression that ... advocates the use of substances that are illegal to minors ... ." In addition, Juneau School Board Policy No. 5850 subjects “Pupils who participate in approved social events and class trips" to the same student conduct rules that apply during the regular school program. http://juneauempire.com/images/062607/17866_500.jpg

SUSPENDED Joseph Frederick Frederick was suspended for 10 days for violating the school’s anti-drug policy which forbids the promotion of illegal drugs. Frederick lost his appeal to the school board, so he filed a suit in the federal court against Morse and the school district. http://images.morris.com/images/juneau/mdControlled/cms/2009/03/22/413174070.jpg

Amendment Discussed The 1st Amendment Free Speech Clause “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” Free Speech Clause Frederick believes his free speech was confiscated along with banner Frederick filed a suit in the federal court against Morse and the school district arguing his 1st amendment rights had been violated Frederick argued that his right to freedom of speech found in the 1st Amendment was violated. The Free Speech clause states, “Congress shall make no law . . . abridging the freedom of speech . . . “ He believes his free speech was confiscated along with the banner.

U.S. District Court Ruling Frederick filed a suit against Morse and the school district arguing his First Amendment rights had been violated Plaintiff: Frederick Defendants: Morse and the school board The District Court found no constitutional violation and ruled for Morse The court help that even if there was a violation, the principal had qualified immunity from lawsuit Qualified immunity prevents government officials from being sued for actions taken in their office capacities Frederick appealed to the U.S. Appeals Court

US Court of Appeals U.S. Court of Appeals for the Ninth Circuit held that Frederick’s banner was constitutionally protected (minority opinion) Principal had no qualified immunity, or protection Principal Morse and the school appealed to the supreme court

Supreme Court Decision The U.S. Supreme Court granted certiorari on Friday, December 1, 2006 The case was argued Monday, March 19, 2007 The majority acknowledged that the Constitution afford lesser protections to school-supervised events Finding that the message Frederick displayed was by his own admission was not political The court said the phrase could be viewed as promoting illegal drug use

Opinion of the Court: Majority Created by Chief Justice G. Roberts The Constitution affords lesser protections to certain types of student speech at school or at school-supervised events The court said the phrase, “Bong Hits 4 Jesus,” could be reasonably viewed as promoting illegal drug use

Chief Justice John G. Roberts Born January 27, 1955 in Buffalo, New York Attended Harvard College and Harvard Law School 17th and current Supreme Court Chief Justice of the United States Appointed by George W. Bush Took seat on September 29, 2005 http://upload.wikimedia.org/wikipedia/commons/4/43/Official_roberts_CJ.jpg

The Dissent, Or Opposition to Majority Written by Justice John Paul Stevens The schools interest in protecting students from speech that can be reasonably regarded as promoting drug use does not justify Frederick’s punishment for his attempt to make a vague statement simply because it refers to drugs Prohibiting speech because it advocates illegal drug use, unless it is likely to provoke harm sought to be avoided by the government, violates the First Amendment because is it impermissibly discriminates based upon content Even if the school has a compelling interest to prohibit such speech, Frederick’s banner was so vague that a reasonable person could not assume that it advocated illegal drug use

Concurrences and Their Opinions Justice Thomas: argued that the First Amendment was never meant to protect student speech in public schools Justices Alito and Kennedy: they were concerned that the majority’s decision permitting the suppression of speech promoting illegal drug use could be used to punish those advocating constitutionally permissible political ideas such as legalizing medical marijuana

Concurrence and Dissent written by Justice Stephen Breyer Majority did not need to decide this case on its facts, but could have decided it on the basis of eligible freedom and protection Since it was unclear whether Frederick’s speech was constitutionally protected, Morse was entitled to qualified immunity, and freedom and protection

Who won the case? Deborah Morse and the Juneau School Board won by a vote of 5-4. The Supreme Court held that the "school speech" doctrine applied, allowing greater restriction of students' free speech, because the incident occurred at a school-sponsored event during the school day, among other students

Impact on Constitution Law The Supreme Court held that schools may “take steps to safeguard those entrusted to their care from speech that can reasonably be regarded as encouraging illegal drug use” without fear of violating a student’s First Amendment rights In school, the right to free speech is allowed only if the free speech does not disturb school activities

The Dispute: Can a school punish a student for what he said about drugs during an off-campus, but school-supervised event? Does the first amendment allow public schools to prohibit students from displaying pro-drug messages during a school-supervised event? Do you think this was a joke or was Frederick trying to support marijuana? http://www.clker.com/cliparts/c/Y/I/V/8/r/scale-brown-hi.png