- Date:
- June 25, 2007
- Location:
- United States
Morse v. Frederick
-
What is Morse v. Frederick?
Morse v. Frederick is a Supreme Court case about free speech in schools. In 2002, during a school-approved event, student Joseph Frederick displayed a banner reading "BONG HiTS 4 JESUS." Principal Deborah Morse viewed the banner as promoting illegal drug use and suspended him. Frederick sued, claiming his free speech rights were violated.
The Supreme Court ruled 5–4 in 2007 that Morse did not violate Frederick's First Amendment rights. The Court stated that the event occurred during school hours, was sanctioned by Morse, and was therefore a school event subject to conduct rules. The Court sided with Morse, stating that school officials can limit speech that appears to encourage illegal drug use.
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What event caused the Morse v. Frederick case to happen?
The Morse v. Frederick case occurred in 2002 during the Olympic torch relay in Juneau, Alaska. Principal Deborah Morse allowed students to watch the relay as a school-approved event. Student Joseph Frederick displayed a banner reading "BONG HiTS 4 JESUS." Morse, believing the banner promoted illegal drug use, ordered it taken down. Frederick refused and was suspended for ten days. He then sued, claiming a violation of his free speech rights.
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Who were the people involved in the Morse v. Frederick case?
The Supreme Court case Morse v. Frederick involved principal Deborah Morse and student Joseph Frederick. The case originated in 2002 during a school-approved event where Frederick displayed a banner reading "BONG HiTS 4 JESUS." Morse, believing the banner promoted illegal drug use, suspended Frederick. Frederick sued, claiming a violation of his free speech rights, naming Morse and the school board as respondents. The Supreme Court ultimately ruled in 2007 that Morse's actions did not violate Frederick's First Amendment rights, reversing the Ninth Circuit Court of Appeals' decision.
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What was the main issue the Supreme Court had to decide in this case?
In Morse v. Frederick, the Supreme Court had to decide whether Frederick had the right to display his banner and, if so, whether that right was so clearly established that the principal could be held liable for damages. The court had to consider if the student's free speech rights were violated when he was suspended for displaying a banner that was seen as promoting illegal drug use at a school-approved event.
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How did the Supreme Court rule in Morse v. Frederick, and what was their reasoning?
In Morse v. Frederick, the Supreme Court ruled (5–4) that school officials did not violate a student's First Amendment rights when he was suspended for displaying a banner that promoted illegal drug use.
The incident occurred during a school-sanctioned event when Joseph Frederick displayed a banner reading "BONG HiTS 4 JESUS." Principal Deborah Morse suspended him, believing the banner advocated illegal drug use. The Court found that the event occurred during school hours, was supervised by staff, and thus school rules applied. Citing Bethel School District No. 403 v. Fraser (1986), the Court noted that student rights aren't equal to those of adults and educators have an interest in deterring drug use. The Court held that school officials could limit speech that encourages illegal drug use.
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How has the Morse v. Frederick decision affected students’ freedom of speech in schools?
The Supreme Court's 2007 Morse v. Frederick decision allows school officials to limit student speech promoting illegal drug use without violating First Amendment rights. The Court sided with Principal Deborah Morse, who suspended student Joseph Frederick for displaying a banner reading "BONG HiTS 4 JESUS" at a school-approved event.
Chief Justice John Roberts, writing for the majority, stated that student rights are not equal to those of adults and must be considered in light of the special circumstances in schools. The ruling gave educators the ability to deter illegal drug use by limiting student speech that appears to encourage such behavior.
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Morse v. Frederick, case in which the U.S. Supreme Court on June 25, 2007, ruled (5–4) that Alaskan school officials had not violated a student’s First Amendment freedom of speech rights after suspending him for displaying, at a school event, a banner that was seen as promoting illegal drug use.
The case arose in 2002 when the torch relay in advance of the Winter Olympics in Salt Lake City, Utah, passed through Juneau, Alaska. Deborah Morse, the principal at Juneau-Douglas High School, allowed students and staff, who supervised the activity, to leave class to watch the relay as an approved social event. Joseph Frederick and several friends were positioned on a sidewalk across from the school, and when the torch passed, they displayed a 14-foot (4.3-metre) banner reading “BONG HiTS 4 JESUS.” On seeing it, Morse ordered them to take it down, and all the students except Frederick complied. She then destroyed the banner and suspended Frederick for 10 days, because she thought that the sign advocated the use of an illegal drug (marijuana). Frederick, who claimed the banner was “just nonsense meant to attract television cameras,” appealed to the school district superintendent, who upheld the suspension but shortened to time served (eight days). Frederick subsequently filed suit, claiming a violation of his free speech rights; Morse and the school board were named as respondents.
The federal district court rejected Frederick’s request for an injunction and damages, finding that the principal did not violate his First Amendment rights. The court held that the sign “directly contravened the Board’s policies relating to drug abuse prevention.” It also ruled that the school board and Morse were entitled to qualified immunity from personal liability. The Ninth Circuit Court of Appeals, however, reversed in favour of Frederick. It held that his right to display the banner was so obviously established that Morse should have known her actions were unconstitutional. Thus, according to the court, Morse was not entitled to qualified immunity for destroying the banner.
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On March 19, 2007, the case was argued before the Supreme Court. In the majority opinion, Chief Justice John G. Roberts, Jr., began his analysis by noting that the court had agreed to hear an appeal on “whether Frederick had a First Amendment right to wield his banner, and, if so, whether that right was so clearly established that the principal may be held liable for damages.” As to the first issue, the court rejected Frederick’s claim that the banner was not school speech. The event took place during school hours, was sanctioned by Morse, and teachers and administrators served as supervisors. Thus, it was a school event, and the rules concerning student conduct were in force. The court then held that it was reasonable for the principal to believe that the banner promoted illegal drug use, a violation of the school’s policy. Citing earlier court decisions—particularly Bethel School District No. 403 v. Fraser (1986), in which the court found that a public school could discipline a student for vulgar speech—Roberts noted that the rights of students are not equal to those of adults and must be considered in light of the special circumstances in schools. To this end, he observed that educators have an important interest in deterring illegal drug use. Thus, the court held that school officials may limit student speech that they think encourages such behaviour.
Having ruled against Frederick on the free-speech issue, the issue of the principal’s liability was moot. The ruling of the Ninth Circuit was reversed.