Drug promoting speech banned from high schools
Students and faculty argue that the Supreme Court's decision in Morse v. Frederick won't hinder free speech at university level
Josh Harrell
Issue date: 7/5/07 Section: News
The Supreme Court reached a decision last week on the case Morse v. Frederick and decided to allow schools principals to restrict free speech when that speech is promoting drug use.
The decision came five years after Joseph Frederick held up a sign with the words "Bong hits 4 Jesus" on it across the street from his Juneau, Alaska high school at an Olympic torch relay.
Then-principal of the school, Deborah Morse, suspended Frederick for the act, while Frederick claimed Morse violated his right to free speech.
The ruling does not directly effect college and university students, as the court made the law for high schools and below.
One of the first Supreme Court decisions on student free speech came in Tinker v. Des Moines. Students at a Des Moines high school wore arm bands to protest the Vietnam War. School principals adopted a policy to suspend anyone wearing the armbands. The Supreme Court decided the punishment violated students' First Amendment rights of free speech.
According to Jon Hall, a communication law professor, the Court's decision in Morse v. Frederick does not deviate greatly from its decision in Tinker v. Des Moines.
"The students were supervised by faculty members, and the banner speaks in favor of supporting an illegal activity," Hall said. "It does offer a different set of facts that will be considered in future situations."
Hall said he believes Chief Justice John Roberts was fair in his work with the case.
"When Roberts was installed as Chief Justice of the United States, I had high hopes that we were getting a judge who would listen fairly to both sides, then render a reasonable decision," Hall said. "The facts and decision in the Morse v. Frederick case do nothing to make me re-think my expectations."
Hall said he doesn't think the decision will have a significant impact on changing laws of student freedom of speech or expression.
The decision came five years after Joseph Frederick held up a sign with the words "Bong hits 4 Jesus" on it across the street from his Juneau, Alaska high school at an Olympic torch relay.
Then-principal of the school, Deborah Morse, suspended Frederick for the act, while Frederick claimed Morse violated his right to free speech.
The ruling does not directly effect college and university students, as the court made the law for high schools and below.
One of the first Supreme Court decisions on student free speech came in Tinker v. Des Moines. Students at a Des Moines high school wore arm bands to protest the Vietnam War. School principals adopted a policy to suspend anyone wearing the armbands. The Supreme Court decided the punishment violated students' First Amendment rights of free speech.
According to Jon Hall, a communication law professor, the Court's decision in Morse v. Frederick does not deviate greatly from its decision in Tinker v. Des Moines.
"The students were supervised by faculty members, and the banner speaks in favor of supporting an illegal activity," Hall said. "It does offer a different set of facts that will be considered in future situations."
Hall said he believes Chief Justice John Roberts was fair in his work with the case.
"When Roberts was installed as Chief Justice of the United States, I had high hopes that we were getting a judge who would listen fairly to both sides, then render a reasonable decision," Hall said. "The facts and decision in the Morse v. Frederick case do nothing to make me re-think my expectations."
Hall said he doesn't think the decision will have a significant impact on changing laws of student freedom of speech or expression.
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