SlideShare a Scribd company logo
1 of 7
(Bench Opinion) OCTOBER TERM, 2006 1
Syllabus
NOTE: Where it is feasible, a syllabus (headnote) will be
released, as is
being done in connection with this case, at the time the opinion
is issued.
The syllabus constitutes no part of the opinion of the Court but
has been
prepared by the Reporter of Decisions for the convenience of
the reader.
See United States v. Detroit Timber & Lumber Co., 200 U. S.
321, 337.
SUPREME COURT OF THE UNITED STATES
Syllabus
MORSE ET AL. v. FREDERICK
CERTIORARI TO THE UNITED STATES COURT OF
APPEALS FOR
THE NINTH CIRCUIT
No. 06�278. Argued March 19, 2007�Decided June 25, 2007
At a school-sanctioned and school-supervised event, petitioner
Morse,
the high school principal, saw students unfurl a banner stating
�BONG HiTS 4 JESUS,� which she regarded as promoting
illegal
drug use. Consistent with established school policy prohibiting
such
messages at school events, Morse directed the students to take
down
the banner. When one of the students who had brought the
banner to
the event�respondent Frederick�refused, Morse confiscated the
banner and later suspended him. The school superintendent
upheld
the suspension, explaining, inter alia, that Frederick was
disciplined
because his banner appeared to advocate illegal drug use in
violation
of school policy. Petitioner school board also upheld the
suspension.
Frederick filed suit under 42 U. S. C. §1983, alleging that the
school
board and Morse had violated his First Amendment rights. The
Dis-
trict Court granted petitioners summary judgment, ruling that
they
were entitled to qualified immunity and that they had not
infringed
Frederick�s speech rights. The Ninth Circuit reversed.
Accepting
that Frederick acted during a school-authorized activity and that
the
banner expressed a positive sentiment about marijuana use, the
court nonetheless found a First Amendment violation because
the
school punished Frederick without demonstrating that his
speech
threatened substantial disruption. It also concluded that Morse
was
not entitled to qualified immunity because Frederick�s right to
dis-
play the banner was so clearly established that a reasonable
princi-
pal in Morse�s position would have understood that her actions
were
unconstitutional.
Held: Because schools may take steps to safeguard those
entrusted to
their care from speech that can reasonably be regarded as
encourag-
ing illegal drug use, the school officials in this case did not
violate the
2 MORSE v. FREDERICK
Syllabus
First Amendment by confiscating the pro-drug banner and
suspend-
ing Frederick. Pp. 5�15.
(a) Frederick�s argument that this is not a school speech case
is re-
jected. The event in question occurred during normal school
hours
and was sanctioned by Morse as an approved social event at
which
the district�s student-conduct rules expressly applied.
Teachers and
administrators were among the students and were charged with
su-
pervising them. Frederick stood among other students across
the
street from the school and directed his banner toward the
school,
making it plainly visible to most students. Under these circum-
stances, Frederick cannot claim he was not at school. Pp. 5�6.
(b) The Court agrees with Morse that those who viewed the
banner
would interpret it as advocating or promoting illegal drug use,
in vio-
lation of school policy. At least two interpretations of the
banner�s
words�that they constitute an imperative encouraging viewers
to
smoke marijuana or, alternatively, that they celebrate drug use�
demonstrate that the sign promoted such use. This pro-drug
inter-
pretation gains further plausibility from the paucity of
alternative
meanings the banner might bear. Pp. 6�8.
(c) A principal may, consistent with the First Amendment,
restrict
student speech at a school event, when that speech is reasonably
viewed as promoting illegal drug use. In Tinker v. Des Moines
Inde-
pendent Community School Dist., 393 U. S. 503, the Court
declared,
in holding that a policy prohibiting high school students from
wear-
ing antiwar armbands violated the First Amendment, id., at 504,
that student expression may not be suppressed unless school
officials
reasonably conclude that it will �materially and substantially
disrupt
the work and discipline of the school,� id., at 513. The Court
in Be-
thel School Dist. No. 403 v. Fraser, 478 U. S. 675, however,
upheld
the suspension of a student who delivered a high school
assembly
speech employing �an elaborate, graphic, and explicit sexual
meta-
phor,� id., at 678. Analyzing the case under Tinker, the lower
courts
had found no disruption, and therefore no basis for discipline.
478
U. S., at 679�680. This Court reversed, holding that the school
was
�within its permissible authority in imposing sanctions . . . in
re-
sponse to [the student�s] offensively lewd and indecent
speech.� Id.,
at 685. Two basic principles may be distilled from Fraser.
First, it
demonstrates that �the constitutional rights of students in
public
school are not automatically coextensive with the rights of
adults in
other settings.� Id., at 682. Had Fraser delivered the same
speech in
a public forum outside the school context, he would have been
pro-
tected. See, id., at 682�683. In school, however, his First
Amend-
ment rights were circumscribed �in light of the special
characteristics
of the school environment.� Tinker, supra, at 506. Second,
Fraser es-
Cite as: 551 U. S. ____ (2007) 3
Syllabus
tablished that Tinker�s mode of analysis is not absolute, since
the
Fraser Court did not conduct the �substantial disruption�
analysis.
Subsequently, the Court has held in the Fourth Amendment
context
that �while children assuredly do not �shed their constitutional
rights
. . . at the schoolhouse gate,� . . . the nature of those rights is
what is
appropriate for children in school,� Vernonia School Dist. 47J
v. Ac-
ton, 515 U. S. 646, 655�656, and has recognized that deterring
drug
use by schoolchildren is an �important�indeed, perhaps
compelling�
interest, id., at 661. Drug abuse by the Nation�s youth is a
serious
problem. For example, Congress has declared that part of a
school�s
job is educating students about the dangers of drug abuse, see,
e.g.,
the Safe and Drug-Free Schools and Communities Act of 1994,
and
petitioners and many other schools have adopted policies aimed
at
implementing this message. Student speech celebrating illegal
drug
use at a school event, in the presence of school administrators
and
teachers, poses a particular challenge for school officials
working to
protect those entrusted to their care. The �special
characteristics of
the school environment,� Tinker, 393 U. S., at 506, and the
govern-
mental interest in stopping student drug abuse allow schools to
re-
strict student expression that they reasonably regard as
promoting
such abuse. Id., at 508, 509, distinguished. Pp. 8�15.
439 F. 3d 1114, reversed and remanded.
ROBERTS, C. J., delivered the opinion of the Court, in which
SCALIA,
KENNEDY, THOMAS, and ALITO, JJ., joined. THOMAS, J.,
filed a concur-
ring opinion. ALITO, J., filed a concurring opinion, in which
KENNEDY,
J., joined. BREYER, J., filed an opinion concurring in the
judgment in
part and dissenting in part. STEVENS, J., filed a dissenting
opinion, in
which SOUTER and GINSBURG, JJ., joined.

More Related Content

Similar to (Bench Opinion) OCTOBER TERM, 2006 1 Syllabus NOTE.docx

Dr. William Allan Kritsonis - Significant Court Cases PPT.
Dr. William Allan Kritsonis - Significant Court Cases PPT.Dr. William Allan Kritsonis - Significant Court Cases PPT.
Dr. William Allan Kritsonis - Significant Court Cases PPT.William Kritsonis
 
Reading and Supplemental MaterialsRequired Reading MaterialLaM.docx
Reading and Supplemental MaterialsRequired Reading MaterialLaM.docxReading and Supplemental MaterialsRequired Reading MaterialLaM.docx
Reading and Supplemental MaterialsRequired Reading MaterialLaM.docxcargillfilberto
 
Edu.law.assign1.wk3
Edu.law.assign1.wk3Edu.law.assign1.wk3
Edu.law.assign1.wk3NikiaGlass
 
Edu.law.assign1.wk3
Edu.law.assign1.wk3Edu.law.assign1.wk3
Edu.law.assign1.wk3NikiaGlass
 
First amendment and you
First amendment and youFirst amendment and you
First amendment and youJOrndoff
 
Chapter 6 expression & student rights use!
Chapter 6 expression & student rights   use!Chapter 6 expression & student rights   use!
Chapter 6 expression & student rights use!William Kritsonis
 
Chapter 6 expression & student rights - Lecture Notes William Allan Krits...
Chapter 6 expression & student rights - Lecture Notes William Allan Krits...Chapter 6 expression & student rights - Lecture Notes William Allan Krits...
Chapter 6 expression & student rights - Lecture Notes William Allan Krits...William Kritsonis
 
Chapter 6 expression & student rights - Lecture Notes William Allan Krits...
Chapter 6 expression & student rights - Lecture Notes William Allan Krits...Chapter 6 expression & student rights - Lecture Notes William Allan Krits...
Chapter 6 expression & student rights - Lecture Notes William Allan Krits...William Kritsonis
 
C E N S O R S H I P O F S T U D E N T P U B L I C A T I O N
C E N S O R S H I P  O F  S T U D E N T  P U B L I C A T I O NC E N S O R S H I P  O F  S T U D E N T  P U B L I C A T I O N
C E N S O R S H I P O F S T U D E N T P U B L I C A T I O NWilliam Kritsonis
 
Censorship Of Student Publication
Censorship Of Student PublicationCensorship Of Student Publication
Censorship Of Student PublicationWilliam Kritsonis
 
u or your {amily ever have)ased views thai contlicted.docx
u or your {amily ever have)ased views thai contlicted.docxu or your {amily ever have)ased views thai contlicted.docx
u or your {amily ever have)ased views thai contlicted.docxouldparis
 
Morse Vs Frederick
Morse Vs FrederickMorse Vs Frederick
Morse Vs Frederickgueste129069
 
Dr. William Allan Kritsonis - Censorship of Student Publications, PPT.
Dr. William Allan Kritsonis - Censorship of Student Publications, PPT.Dr. William Allan Kritsonis - Censorship of Student Publications, PPT.
Dr. William Allan Kritsonis - Censorship of Student Publications, PPT.William Kritsonis
 
Dr. William Allan Kritsonis - Expression and Associational Rights PPT.
Dr. William Allan Kritsonis - Expression and Associational Rights PPT.Dr. William Allan Kritsonis - Expression and Associational Rights PPT.
Dr. William Allan Kritsonis - Expression and Associational Rights PPT.William Kritsonis
 
C:\Fakepath\Bs Dv Fraser(Ltc)2010[1]
C:\Fakepath\Bs Dv Fraser(Ltc)2010[1]C:\Fakepath\Bs Dv Fraser(Ltc)2010[1]
C:\Fakepath\Bs Dv Fraser(Ltc)2010[1]Todd Beach
 
Censorship - School Law - Dr. Wm. A. Kritsonis
Censorship - School Law - Dr. Wm. A. KritsonisCensorship - School Law - Dr. Wm. A. Kritsonis
Censorship - School Law - Dr. Wm. A. KritsonisWilliam Kritsonis
 

Similar to (Bench Opinion) OCTOBER TERM, 2006 1 Syllabus NOTE.docx (20)

Pickering & Other Cases
Pickering  & Other CasesPickering  & Other Cases
Pickering & Other Cases
 
Comm Law paper
Comm Law paperComm Law paper
Comm Law paper
 
Dr. William Allan Kritsonis - Significant Court Cases PPT.
Dr. William Allan Kritsonis - Significant Court Cases PPT.Dr. William Allan Kritsonis - Significant Court Cases PPT.
Dr. William Allan Kritsonis - Significant Court Cases PPT.
 
Reading and Supplemental MaterialsRequired Reading MaterialLaM.docx
Reading and Supplemental MaterialsRequired Reading MaterialLaM.docxReading and Supplemental MaterialsRequired Reading MaterialLaM.docx
Reading and Supplemental MaterialsRequired Reading MaterialLaM.docx
 
Edu.law.assign1.wk3
Edu.law.assign1.wk3Edu.law.assign1.wk3
Edu.law.assign1.wk3
 
Edu.law.assign1.wk3
Edu.law.assign1.wk3Edu.law.assign1.wk3
Edu.law.assign1.wk3
 
First amendment and you
First amendment and youFirst amendment and you
First amendment and you
 
Chapter 6 expression & student rights use!
Chapter 6 expression & student rights   use!Chapter 6 expression & student rights   use!
Chapter 6 expression & student rights use!
 
Chapter 6 expression & student rights - Lecture Notes William Allan Krits...
Chapter 6 expression & student rights - Lecture Notes William Allan Krits...Chapter 6 expression & student rights - Lecture Notes William Allan Krits...
Chapter 6 expression & student rights - Lecture Notes William Allan Krits...
 
Chapter 6 expression & student rights - Lecture Notes William Allan Krits...
Chapter 6 expression & student rights - Lecture Notes William Allan Krits...Chapter 6 expression & student rights - Lecture Notes William Allan Krits...
Chapter 6 expression & student rights - Lecture Notes William Allan Krits...
 
C E N S O R S H I P O F S T U D E N T P U B L I C A T I O N
C E N S O R S H I P  O F  S T U D E N T  P U B L I C A T I O NC E N S O R S H I P  O F  S T U D E N T  P U B L I C A T I O N
C E N S O R S H I P O F S T U D E N T P U B L I C A T I O N
 
Censorship Of Student Publication
Censorship Of Student PublicationCensorship Of Student Publication
Censorship Of Student Publication
 
u or your {amily ever have)ased views thai contlicted.docx
u or your {amily ever have)ased views thai contlicted.docxu or your {amily ever have)ased views thai contlicted.docx
u or your {amily ever have)ased views thai contlicted.docx
 
Morse Vs Frederick
Morse Vs FrederickMorse Vs Frederick
Morse Vs Frederick
 
Dr. William Allan Kritsonis - Censorship of Student Publications, PPT.
Dr. William Allan Kritsonis - Censorship of Student Publications, PPT.Dr. William Allan Kritsonis - Censorship of Student Publications, PPT.
Dr. William Allan Kritsonis - Censorship of Student Publications, PPT.
 
Dr. William Allan Kritsonis - Expression and Associational Rights PPT.
Dr. William Allan Kritsonis - Expression and Associational Rights PPT.Dr. William Allan Kritsonis - Expression and Associational Rights PPT.
Dr. William Allan Kritsonis - Expression and Associational Rights PPT.
 
C:\Fakepath\Bs Dv Fraser(Ltc)2010[1]
C:\Fakepath\Bs Dv Fraser(Ltc)2010[1]C:\Fakepath\Bs Dv Fraser(Ltc)2010[1]
C:\Fakepath\Bs Dv Fraser(Ltc)2010[1]
 
C E N S O R S H I P
C E N S O R S H I PC E N S O R S H I P
C E N S O R S H I P
 
Censorship - School Law - Dr. Wm. A. Kritsonis
Censorship - School Law - Dr. Wm. A. KritsonisCensorship - School Law - Dr. Wm. A. Kritsonis
Censorship - School Law - Dr. Wm. A. Kritsonis
 
Osman valdez cases
Osman valdez casesOsman valdez cases
Osman valdez cases
 

More from katherncarlyle

After reading chapter 4, evaluate the history of the Data Encryp.docx
After reading chapter 4, evaluate the history of the Data Encryp.docxAfter reading chapter 4, evaluate the history of the Data Encryp.docx
After reading chapter 4, evaluate the history of the Data Encryp.docxkatherncarlyle
 
After reading Chapter 2 and the Required Resources please discuss th.docx
After reading Chapter 2 and the Required Resources please discuss th.docxAfter reading Chapter 2 and the Required Resources please discuss th.docx
After reading Chapter 2 and the Required Resources please discuss th.docxkatherncarlyle
 
After reading chapters 16 and 17 post a short reflection, approximat.docx
After reading chapters 16 and 17 post a short reflection, approximat.docxAfter reading chapters 16 and 17 post a short reflection, approximat.docx
After reading chapters 16 and 17 post a short reflection, approximat.docxkatherncarlyle
 
After reading chapter 3, analyze the history of Caesar Cypher an.docx
After reading chapter 3, analyze the history of Caesar Cypher an.docxAfter reading chapter 3, analyze the history of Caesar Cypher an.docx
After reading chapter 3, analyze the history of Caesar Cypher an.docxkatherncarlyle
 
After having learned about Cognitive Psychology and Humaistic Psycho.docx
After having learned about Cognitive Psychology and Humaistic Psycho.docxAfter having learned about Cognitive Psychology and Humaistic Psycho.docx
After having learned about Cognitive Psychology and Humaistic Psycho.docxkatherncarlyle
 
Advisory from Professionals Preparing Information .docx
Advisory from Professionals Preparing Information .docxAdvisory from Professionals Preparing Information .docx
Advisory from Professionals Preparing Information .docxkatherncarlyle
 
After completing the assigned readings and watching the provided.docx
After completing the assigned readings and watching the provided.docxAfter completing the assigned readings and watching the provided.docx
After completing the assigned readings and watching the provided.docxkatherncarlyle
 
Advocacy is a vital component of the early childhood professiona.docx
Advocacy is a vital component of the early childhood professiona.docxAdvocacy is a vital component of the early childhood professiona.docx
Advocacy is a vital component of the early childhood professiona.docxkatherncarlyle
 
After completing this weeks assignment...   Share with your classma.docx
After completing this weeks assignment...   Share with your classma.docxAfter completing this weeks assignment...   Share with your classma.docx
After completing this weeks assignment...   Share with your classma.docxkatherncarlyle
 
African Americans men are at a greater risk for developing prostate .docx
African Americans men are at a greater risk for developing prostate .docxAfrican Americans men are at a greater risk for developing prostate .docx
African Americans men are at a greater risk for developing prostate .docxkatherncarlyle
 
Advances over the last few decades have brought innovative and c.docx
Advances over the last few decades have brought innovative and c.docxAdvances over the last few decades have brought innovative and c.docx
Advances over the last few decades have brought innovative and c.docxkatherncarlyle
 
Advocacy is a vital component of the early childhood professional’s .docx
Advocacy is a vital component of the early childhood professional’s .docxAdvocacy is a vital component of the early childhood professional’s .docx
Advocacy is a vital component of the early childhood professional’s .docxkatherncarlyle
 
Advocacy Through LegislationIdentify a problem or .docx
Advocacy Through LegislationIdentify a problem or .docxAdvocacy Through LegislationIdentify a problem or .docx
Advocacy Through LegislationIdentify a problem or .docxkatherncarlyle
 
Advanced pathoRespond to Stacy and Sonia 1 day agoStacy A.docx
Advanced pathoRespond to  Stacy and Sonia 1 day agoStacy A.docxAdvanced pathoRespond to  Stacy and Sonia 1 day agoStacy A.docx
Advanced pathoRespond to Stacy and Sonia 1 day agoStacy A.docxkatherncarlyle
 
After completing the reading this week, we reflect on a few ke.docx
After completing the reading this week, we reflect on a few ke.docxAfter completing the reading this week, we reflect on a few ke.docx
After completing the reading this week, we reflect on a few ke.docxkatherncarlyle
 
Adopting Enterprise Risk Management inToday’s Wo.docx
Adopting Enterprise Risk Management inToday’s Wo.docxAdopting Enterprise Risk Management inToday’s Wo.docx
Adopting Enterprise Risk Management inToday’s Wo.docxkatherncarlyle
 
Addisons diseaseYou may use the textbook as one reference a.docx
Addisons diseaseYou may use the textbook as one reference a.docxAddisons diseaseYou may use the textbook as one reference a.docx
Addisons diseaseYou may use the textbook as one reference a.docxkatherncarlyle
 
AdultGeriatric DepressionIntroduction According to Mace.docx
AdultGeriatric DepressionIntroduction According to Mace.docxAdultGeriatric DepressionIntroduction According to Mace.docx
AdultGeriatric DepressionIntroduction According to Mace.docxkatherncarlyle
 
Adopt-a-Plant Project guidelinesOverviewThe purpose of this.docx
Adopt-a-Plant Project guidelinesOverviewThe purpose of this.docxAdopt-a-Plant Project guidelinesOverviewThe purpose of this.docx
Adopt-a-Plant Project guidelinesOverviewThe purpose of this.docxkatherncarlyle
 
Adolescent development is broad and wide-ranging, including phys.docx
Adolescent development is broad and wide-ranging, including phys.docxAdolescent development is broad and wide-ranging, including phys.docx
Adolescent development is broad and wide-ranging, including phys.docxkatherncarlyle
 

More from katherncarlyle (20)

After reading chapter 4, evaluate the history of the Data Encryp.docx
After reading chapter 4, evaluate the history of the Data Encryp.docxAfter reading chapter 4, evaluate the history of the Data Encryp.docx
After reading chapter 4, evaluate the history of the Data Encryp.docx
 
After reading Chapter 2 and the Required Resources please discuss th.docx
After reading Chapter 2 and the Required Resources please discuss th.docxAfter reading Chapter 2 and the Required Resources please discuss th.docx
After reading Chapter 2 and the Required Resources please discuss th.docx
 
After reading chapters 16 and 17 post a short reflection, approximat.docx
After reading chapters 16 and 17 post a short reflection, approximat.docxAfter reading chapters 16 and 17 post a short reflection, approximat.docx
After reading chapters 16 and 17 post a short reflection, approximat.docx
 
After reading chapter 3, analyze the history of Caesar Cypher an.docx
After reading chapter 3, analyze the history of Caesar Cypher an.docxAfter reading chapter 3, analyze the history of Caesar Cypher an.docx
After reading chapter 3, analyze the history of Caesar Cypher an.docx
 
After having learned about Cognitive Psychology and Humaistic Psycho.docx
After having learned about Cognitive Psychology and Humaistic Psycho.docxAfter having learned about Cognitive Psychology and Humaistic Psycho.docx
After having learned about Cognitive Psychology and Humaistic Psycho.docx
 
Advisory from Professionals Preparing Information .docx
Advisory from Professionals Preparing Information .docxAdvisory from Professionals Preparing Information .docx
Advisory from Professionals Preparing Information .docx
 
After completing the assigned readings and watching the provided.docx
After completing the assigned readings and watching the provided.docxAfter completing the assigned readings and watching the provided.docx
After completing the assigned readings and watching the provided.docx
 
Advocacy is a vital component of the early childhood professiona.docx
Advocacy is a vital component of the early childhood professiona.docxAdvocacy is a vital component of the early childhood professiona.docx
Advocacy is a vital component of the early childhood professiona.docx
 
After completing this weeks assignment...   Share with your classma.docx
After completing this weeks assignment...   Share with your classma.docxAfter completing this weeks assignment...   Share with your classma.docx
After completing this weeks assignment...   Share with your classma.docx
 
African Americans men are at a greater risk for developing prostate .docx
African Americans men are at a greater risk for developing prostate .docxAfrican Americans men are at a greater risk for developing prostate .docx
African Americans men are at a greater risk for developing prostate .docx
 
Advances over the last few decades have brought innovative and c.docx
Advances over the last few decades have brought innovative and c.docxAdvances over the last few decades have brought innovative and c.docx
Advances over the last few decades have brought innovative and c.docx
 
Advocacy is a vital component of the early childhood professional’s .docx
Advocacy is a vital component of the early childhood professional’s .docxAdvocacy is a vital component of the early childhood professional’s .docx
Advocacy is a vital component of the early childhood professional’s .docx
 
Advocacy Through LegislationIdentify a problem or .docx
Advocacy Through LegislationIdentify a problem or .docxAdvocacy Through LegislationIdentify a problem or .docx
Advocacy Through LegislationIdentify a problem or .docx
 
Advanced pathoRespond to Stacy and Sonia 1 day agoStacy A.docx
Advanced pathoRespond to  Stacy and Sonia 1 day agoStacy A.docxAdvanced pathoRespond to  Stacy and Sonia 1 day agoStacy A.docx
Advanced pathoRespond to Stacy and Sonia 1 day agoStacy A.docx
 
After completing the reading this week, we reflect on a few ke.docx
After completing the reading this week, we reflect on a few ke.docxAfter completing the reading this week, we reflect on a few ke.docx
After completing the reading this week, we reflect on a few ke.docx
 
Adopting Enterprise Risk Management inToday’s Wo.docx
Adopting Enterprise Risk Management inToday’s Wo.docxAdopting Enterprise Risk Management inToday’s Wo.docx
Adopting Enterprise Risk Management inToday’s Wo.docx
 
Addisons diseaseYou may use the textbook as one reference a.docx
Addisons diseaseYou may use the textbook as one reference a.docxAddisons diseaseYou may use the textbook as one reference a.docx
Addisons diseaseYou may use the textbook as one reference a.docx
 
AdultGeriatric DepressionIntroduction According to Mace.docx
AdultGeriatric DepressionIntroduction According to Mace.docxAdultGeriatric DepressionIntroduction According to Mace.docx
AdultGeriatric DepressionIntroduction According to Mace.docx
 
Adopt-a-Plant Project guidelinesOverviewThe purpose of this.docx
Adopt-a-Plant Project guidelinesOverviewThe purpose of this.docxAdopt-a-Plant Project guidelinesOverviewThe purpose of this.docx
Adopt-a-Plant Project guidelinesOverviewThe purpose of this.docx
 
Adolescent development is broad and wide-ranging, including phys.docx
Adolescent development is broad and wide-ranging, including phys.docxAdolescent development is broad and wide-ranging, including phys.docx
Adolescent development is broad and wide-ranging, including phys.docx
 

Recently uploaded

Final demo Grade 9 for demo Plan dessert.pptx
Final demo Grade 9 for demo Plan dessert.pptxFinal demo Grade 9 for demo Plan dessert.pptx
Final demo Grade 9 for demo Plan dessert.pptxAvyJaneVismanos
 
Painted Grey Ware.pptx, PGW Culture of India
Painted Grey Ware.pptx, PGW Culture of IndiaPainted Grey Ware.pptx, PGW Culture of India
Painted Grey Ware.pptx, PGW Culture of IndiaVirag Sontakke
 
MARGINALIZATION (Different learners in Marginalized Group
MARGINALIZATION (Different learners in Marginalized GroupMARGINALIZATION (Different learners in Marginalized Group
MARGINALIZATION (Different learners in Marginalized GroupJonathanParaisoCruz
 
“Oh GOSH! Reflecting on Hackteria's Collaborative Practices in a Global Do-It...
“Oh GOSH! Reflecting on Hackteria's Collaborative Practices in a Global Do-It...“Oh GOSH! Reflecting on Hackteria's Collaborative Practices in a Global Do-It...
“Oh GOSH! Reflecting on Hackteria's Collaborative Practices in a Global Do-It...Marc Dusseiller Dusjagr
 
How to Configure Email Server in Odoo 17
How to Configure Email Server in Odoo 17How to Configure Email Server in Odoo 17
How to Configure Email Server in Odoo 17Celine George
 
Biting mechanism of poisonous snakes.pdf
Biting mechanism of poisonous snakes.pdfBiting mechanism of poisonous snakes.pdf
Biting mechanism of poisonous snakes.pdfadityarao40181
 
Solving Puzzles Benefits Everyone (English).pptx
Solving Puzzles Benefits Everyone (English).pptxSolving Puzzles Benefits Everyone (English).pptx
Solving Puzzles Benefits Everyone (English).pptxOH TEIK BIN
 
Framing an Appropriate Research Question 6b9b26d93da94caf993c038d9efcdedb.pdf
Framing an Appropriate Research Question 6b9b26d93da94caf993c038d9efcdedb.pdfFraming an Appropriate Research Question 6b9b26d93da94caf993c038d9efcdedb.pdf
Framing an Appropriate Research Question 6b9b26d93da94caf993c038d9efcdedb.pdfUjwalaBharambe
 
Pharmacognosy Flower 3. Compositae 2023.pdf
Pharmacognosy Flower 3. Compositae 2023.pdfPharmacognosy Flower 3. Compositae 2023.pdf
Pharmacognosy Flower 3. Compositae 2023.pdfMahmoud M. Sallam
 
KSHARA STURA .pptx---KSHARA KARMA THERAPY (CAUSTIC THERAPY)————IMP.OF KSHARA ...
KSHARA STURA .pptx---KSHARA KARMA THERAPY (CAUSTIC THERAPY)————IMP.OF KSHARA ...KSHARA STURA .pptx---KSHARA KARMA THERAPY (CAUSTIC THERAPY)————IMP.OF KSHARA ...
KSHARA STURA .pptx---KSHARA KARMA THERAPY (CAUSTIC THERAPY)————IMP.OF KSHARA ...M56BOOKSTORE PRODUCT/SERVICE
 
ECONOMIC CONTEXT - LONG FORM TV DRAMA - PPT
ECONOMIC CONTEXT - LONG FORM TV DRAMA - PPTECONOMIC CONTEXT - LONG FORM TV DRAMA - PPT
ECONOMIC CONTEXT - LONG FORM TV DRAMA - PPTiammrhaywood
 
Meghan Sutherland In Media Res Media Component
Meghan Sutherland In Media Res Media ComponentMeghan Sutherland In Media Res Media Component
Meghan Sutherland In Media Res Media ComponentInMediaRes1
 
Alper Gobel In Media Res Media Component
Alper Gobel In Media Res Media ComponentAlper Gobel In Media Res Media Component
Alper Gobel In Media Res Media ComponentInMediaRes1
 
CELL CYCLE Division Science 8 quarter IV.pptx
CELL CYCLE Division Science 8 quarter IV.pptxCELL CYCLE Division Science 8 quarter IV.pptx
CELL CYCLE Division Science 8 quarter IV.pptxJiesonDelaCerna
 
DATA STRUCTURE AND ALGORITHM for beginners
DATA STRUCTURE AND ALGORITHM for beginnersDATA STRUCTURE AND ALGORITHM for beginners
DATA STRUCTURE AND ALGORITHM for beginnersSabitha Banu
 
Employee wellbeing at the workplace.pptx
Employee wellbeing at the workplace.pptxEmployee wellbeing at the workplace.pptx
Employee wellbeing at the workplace.pptxNirmalaLoungPoorunde1
 
Earth Day Presentation wow hello nice great
Earth Day Presentation wow hello nice greatEarth Day Presentation wow hello nice great
Earth Day Presentation wow hello nice greatYousafMalik24
 

Recently uploaded (20)

Final demo Grade 9 for demo Plan dessert.pptx
Final demo Grade 9 for demo Plan dessert.pptxFinal demo Grade 9 for demo Plan dessert.pptx
Final demo Grade 9 for demo Plan dessert.pptx
 
Painted Grey Ware.pptx, PGW Culture of India
Painted Grey Ware.pptx, PGW Culture of IndiaPainted Grey Ware.pptx, PGW Culture of India
Painted Grey Ware.pptx, PGW Culture of India
 
MARGINALIZATION (Different learners in Marginalized Group
MARGINALIZATION (Different learners in Marginalized GroupMARGINALIZATION (Different learners in Marginalized Group
MARGINALIZATION (Different learners in Marginalized Group
 
“Oh GOSH! Reflecting on Hackteria's Collaborative Practices in a Global Do-It...
“Oh GOSH! Reflecting on Hackteria's Collaborative Practices in a Global Do-It...“Oh GOSH! Reflecting on Hackteria's Collaborative Practices in a Global Do-It...
“Oh GOSH! Reflecting on Hackteria's Collaborative Practices in a Global Do-It...
 
How to Configure Email Server in Odoo 17
How to Configure Email Server in Odoo 17How to Configure Email Server in Odoo 17
How to Configure Email Server in Odoo 17
 
Biting mechanism of poisonous snakes.pdf
Biting mechanism of poisonous snakes.pdfBiting mechanism of poisonous snakes.pdf
Biting mechanism of poisonous snakes.pdf
 
Solving Puzzles Benefits Everyone (English).pptx
Solving Puzzles Benefits Everyone (English).pptxSolving Puzzles Benefits Everyone (English).pptx
Solving Puzzles Benefits Everyone (English).pptx
 
TataKelola dan KamSiber Kecerdasan Buatan v022.pdf
TataKelola dan KamSiber Kecerdasan Buatan v022.pdfTataKelola dan KamSiber Kecerdasan Buatan v022.pdf
TataKelola dan KamSiber Kecerdasan Buatan v022.pdf
 
Framing an Appropriate Research Question 6b9b26d93da94caf993c038d9efcdedb.pdf
Framing an Appropriate Research Question 6b9b26d93da94caf993c038d9efcdedb.pdfFraming an Appropriate Research Question 6b9b26d93da94caf993c038d9efcdedb.pdf
Framing an Appropriate Research Question 6b9b26d93da94caf993c038d9efcdedb.pdf
 
Pharmacognosy Flower 3. Compositae 2023.pdf
Pharmacognosy Flower 3. Compositae 2023.pdfPharmacognosy Flower 3. Compositae 2023.pdf
Pharmacognosy Flower 3. Compositae 2023.pdf
 
KSHARA STURA .pptx---KSHARA KARMA THERAPY (CAUSTIC THERAPY)————IMP.OF KSHARA ...
KSHARA STURA .pptx---KSHARA KARMA THERAPY (CAUSTIC THERAPY)————IMP.OF KSHARA ...KSHARA STURA .pptx---KSHARA KARMA THERAPY (CAUSTIC THERAPY)————IMP.OF KSHARA ...
KSHARA STURA .pptx---KSHARA KARMA THERAPY (CAUSTIC THERAPY)————IMP.OF KSHARA ...
 
Model Call Girl in Bikash Puri Delhi reach out to us at 🔝9953056974🔝
Model Call Girl in Bikash Puri  Delhi reach out to us at 🔝9953056974🔝Model Call Girl in Bikash Puri  Delhi reach out to us at 🔝9953056974🔝
Model Call Girl in Bikash Puri Delhi reach out to us at 🔝9953056974🔝
 
ECONOMIC CONTEXT - LONG FORM TV DRAMA - PPT
ECONOMIC CONTEXT - LONG FORM TV DRAMA - PPTECONOMIC CONTEXT - LONG FORM TV DRAMA - PPT
ECONOMIC CONTEXT - LONG FORM TV DRAMA - PPT
 
Meghan Sutherland In Media Res Media Component
Meghan Sutherland In Media Res Media ComponentMeghan Sutherland In Media Res Media Component
Meghan Sutherland In Media Res Media Component
 
9953330565 Low Rate Call Girls In Rohini Delhi NCR
9953330565 Low Rate Call Girls In Rohini  Delhi NCR9953330565 Low Rate Call Girls In Rohini  Delhi NCR
9953330565 Low Rate Call Girls In Rohini Delhi NCR
 
Alper Gobel In Media Res Media Component
Alper Gobel In Media Res Media ComponentAlper Gobel In Media Res Media Component
Alper Gobel In Media Res Media Component
 
CELL CYCLE Division Science 8 quarter IV.pptx
CELL CYCLE Division Science 8 quarter IV.pptxCELL CYCLE Division Science 8 quarter IV.pptx
CELL CYCLE Division Science 8 quarter IV.pptx
 
DATA STRUCTURE AND ALGORITHM for beginners
DATA STRUCTURE AND ALGORITHM for beginnersDATA STRUCTURE AND ALGORITHM for beginners
DATA STRUCTURE AND ALGORITHM for beginners
 
Employee wellbeing at the workplace.pptx
Employee wellbeing at the workplace.pptxEmployee wellbeing at the workplace.pptx
Employee wellbeing at the workplace.pptx
 
Earth Day Presentation wow hello nice great
Earth Day Presentation wow hello nice greatEarth Day Presentation wow hello nice great
Earth Day Presentation wow hello nice great
 

(Bench Opinion) OCTOBER TERM, 2006 1 Syllabus NOTE.docx

  • 1. (Bench Opinion) OCTOBER TERM, 2006 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus MORSE ET AL. v. FREDERICK CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 06�278. Argued March 19, 2007�Decided June 25, 2007 At a school-sanctioned and school-supervised event, petitioner Morse, the high school principal, saw students unfurl a banner stating �BONG HiTS 4 JESUS,� which she regarded as promoting
  • 2. illegal drug use. Consistent with established school policy prohibiting such messages at school events, Morse directed the students to take down the banner. When one of the students who had brought the banner to the event�respondent Frederick�refused, Morse confiscated the banner and later suspended him. The school superintendent upheld the suspension, explaining, inter alia, that Frederick was disciplined because his banner appeared to advocate illegal drug use in violation of school policy. Petitioner school board also upheld the suspension. Frederick filed suit under 42 U. S. C. §1983, alleging that the school board and Morse had violated his First Amendment rights. The Dis- trict Court granted petitioners summary judgment, ruling that they were entitled to qualified immunity and that they had not infringed Frederick�s speech rights. The Ninth Circuit reversed. Accepting that Frederick acted during a school-authorized activity and that the banner expressed a positive sentiment about marijuana use, the court nonetheless found a First Amendment violation because the school punished Frederick without demonstrating that his speech threatened substantial disruption. It also concluded that Morse was not entitled to qualified immunity because Frederick�s right to
  • 3. dis- play the banner was so clearly established that a reasonable princi- pal in Morse�s position would have understood that her actions were unconstitutional. Held: Because schools may take steps to safeguard those entrusted to their care from speech that can reasonably be regarded as encourag- ing illegal drug use, the school officials in this case did not violate the 2 MORSE v. FREDERICK Syllabus First Amendment by confiscating the pro-drug banner and suspend- ing Frederick. Pp. 5�15. (a) Frederick�s argument that this is not a school speech case is re- jected. The event in question occurred during normal school hours and was sanctioned by Morse as an approved social event at which the district�s student-conduct rules expressly applied. Teachers and administrators were among the students and were charged with su- pervising them. Frederick stood among other students across
  • 4. the street from the school and directed his banner toward the school, making it plainly visible to most students. Under these circum- stances, Frederick cannot claim he was not at school. Pp. 5�6. (b) The Court agrees with Morse that those who viewed the banner would interpret it as advocating or promoting illegal drug use, in vio- lation of school policy. At least two interpretations of the banner�s words�that they constitute an imperative encouraging viewers to smoke marijuana or, alternatively, that they celebrate drug use� demonstrate that the sign promoted such use. This pro-drug inter- pretation gains further plausibility from the paucity of alternative meanings the banner might bear. Pp. 6�8. (c) A principal may, consistent with the First Amendment, restrict student speech at a school event, when that speech is reasonably viewed as promoting illegal drug use. In Tinker v. Des Moines Inde- pendent Community School Dist., 393 U. S. 503, the Court declared, in holding that a policy prohibiting high school students from wear- ing antiwar armbands violated the First Amendment, id., at 504, that student expression may not be suppressed unless school officials reasonably conclude that it will �materially and substantially disrupt the work and discipline of the school,� id., at 513. The Court in Be- thel School Dist. No. 403 v. Fraser, 478 U. S. 675, however,
  • 5. upheld the suspension of a student who delivered a high school assembly speech employing �an elaborate, graphic, and explicit sexual meta- phor,� id., at 678. Analyzing the case under Tinker, the lower courts had found no disruption, and therefore no basis for discipline. 478 U. S., at 679�680. This Court reversed, holding that the school was �within its permissible authority in imposing sanctions . . . in re- sponse to [the student�s] offensively lewd and indecent speech.� Id., at 685. Two basic principles may be distilled from Fraser. First, it demonstrates that �the constitutional rights of students in public school are not automatically coextensive with the rights of adults in other settings.� Id., at 682. Had Fraser delivered the same speech in a public forum outside the school context, he would have been pro- tected. See, id., at 682�683. In school, however, his First Amend- ment rights were circumscribed �in light of the special characteristics of the school environment.� Tinker, supra, at 506. Second, Fraser es- Cite as: 551 U. S. ____ (2007) 3
  • 6. Syllabus tablished that Tinker�s mode of analysis is not absolute, since the Fraser Court did not conduct the �substantial disruption� analysis. Subsequently, the Court has held in the Fourth Amendment context that �while children assuredly do not �shed their constitutional rights . . . at the schoolhouse gate,� . . . the nature of those rights is what is appropriate for children in school,� Vernonia School Dist. 47J v. Ac- ton, 515 U. S. 646, 655�656, and has recognized that deterring drug use by schoolchildren is an �important�indeed, perhaps compelling� interest, id., at 661. Drug abuse by the Nation�s youth is a serious problem. For example, Congress has declared that part of a school�s job is educating students about the dangers of drug abuse, see, e.g., the Safe and Drug-Free Schools and Communities Act of 1994, and petitioners and many other schools have adopted policies aimed at implementing this message. Student speech celebrating illegal drug use at a school event, in the presence of school administrators and teachers, poses a particular challenge for school officials working to protect those entrusted to their care. The �special
  • 7. characteristics of the school environment,� Tinker, 393 U. S., at 506, and the govern- mental interest in stopping student drug abuse allow schools to re- strict student expression that they reasonably regard as promoting such abuse. Id., at 508, 509, distinguished. Pp. 8�15. 439 F. 3d 1114, reversed and remanded. ROBERTS, C. J., delivered the opinion of the Court, in which SCALIA, KENNEDY, THOMAS, and ALITO, JJ., joined. THOMAS, J., filed a concur- ring opinion. ALITO, J., filed a concurring opinion, in which KENNEDY, J., joined. BREYER, J., filed an opinion concurring in the judgment in part and dissenting in part. STEVENS, J., filed a dissenting opinion, in which SOUTER and GINSBURG, JJ., joined.