A study of the case morse v frederick

By contrast, the Eleventh Circuit extended Morse's rationale about illegal drugs to the context of student speech that is "construed as a threat of school violence".

similarity between morse v frederick and tinker v des moines

What hooks you? Frederick filed suit under 42 U. Acton, U.

Joseph frederick

Acknowledging that the banner's message was "cryptic", nevertheless it was undeniably a "reference to illegal drugs". To protect the anonymity of contributors, we've removed their names and personal information from the essays. Frederick's attendance at the event was part of a school-supervised activity. There's a problem with this paper. A passive pure political speech that reflects on the part of the school board a standardless discretionary effort to squelch any kind of controversial discussion, that casts a pall of orthodoxy over the class room: we are light years away from that. Frederick was suspended for 10 days for violating a school policy forbidding advocacy for the use of illegal drugs. What makes you cringe?

The 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 violating a student's First Amendment rights.

Your client wants money from the principal personally for her actions in this case.

Morse v frederick impact

The notion that the message on this banner would actually persuade either the average student or even the dumbest one to change his or her behavior is most implausible. Who wrote this essay? It is not about drugs. In Tinker v. Layshock, F. Alito, J. By contrast, the Eleventh Circuit extended Morse's rationale about illegal drugs to the context of student speech that is "construed as a threat of school violence". Also, it is not so easy to distinguish speech about marijuana from political speech in the context of a state where referenda regarding marijuana legalization repeatedly occur and a controversial state court decision on the topic had recently issued. Mertz, of Juneau , Alaska, for the respondent opened, "This is a case about free speech. Frederick claimed his speech rights under the Constitution of Alaska were violated, and the issue was argued in front of the Alaska Court of Appeals in September The Court, in holding contra the District Court that Tinker v. Thomas, J. To protect the anonymity of contributors, we've removed their names and personal information from the essays. The 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 violating a student's First Amendment rights. Frederick, U.

He then filed suit in federal court, contending Morse had violated his First Amendment rights. Starr also cited the cases of Bethel School District v. Roberts rejoined that "not even Frederick argues that the banner conveys any sort of political or religious message"; "this is plainly not a case about political debate over the criminalization of drug use or possession.

Morse v frederick quizlet

The jurisprudence of Fraser is controversial, but Roberts declined to apply or resolve the disputed holding of that case "We need not resolve this debate to decide this case" ; instead, he explained that "[f]or present purposes, it is enough to distill from Fraser two basic principles": that "the constitutional rights of students in public school are not automatically coextensive with the rights of adults in other settings" "in light of the special characteristics of the school environment". Thomas cited the doctrine of in loco parentis, meaning "in place of the parent", in his opinion. In Kuhlmeier, the Supreme Court held that high school students did not have a First Amendment right to publish articles on pregnancy and divorce in a school newspaper over the principal's objection, where the newspaper was produced in a class on journalism, edited by the journalism teacher as part of the teaching of the class, and paid for with school money. Kuhlmeier might apply had Frederick insisted on making his "Bong Hits 4 Jesus" banner in art class, but that is not what the record shows. On the other hand, the court also accepted Justice Alito's concurring argument in Morse when it held that Morse does not permit school officials to regulate student speech merely on the basis that it is incompatible with the schools' educational missions. Frederick's attendance at the event was part of a school-supervised activity. By contrast, the Eleventh Circuit extended Morse's rationale about illegal drugs to the context of student speech that is "construed as a threat of school violence". They're not intended to be submitted as your own work, so we don't waste time removing every error. Decision and Reasoning In a decision, the U. For more information on choosing credible sources for your paper, check out this blog post.

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