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In Morse v. Frederick, the U.S. Supreme Court ruled that public schools can prohibit speech "that can reasonably be regarded as encouraging illegal drug use." This article studies lower federal court opinions that have interpreted the Supreme Court's ruling. Analysis shows that although several lower courts have explicitly limited Morse's reach to speech advocating illegal drug use, other lower courts have applied Morse's rationale to prohibit speech in situations beyond the circumstances of that case. If interpreted broadly, Morse risks severely damaging students' ever-shrinking First Amendment rights.
... drug use, the school officials in this case did not violate the First Amendment by confiscatin...
Can the nation's public high schools stop students from displaying messages that promote or advocate illegal drug use without violating the First Amendment-protected right of free speech? That's the gist of the question that the U.S. Supreme Court now is being asked to consider in a case called Frederick v. Morse coming out of the liberal-leaning 9th Circuit Court of Appeals.
[...] the author encourages the legislature to redefine Title I and implement regulations which will ensure fiscal accountability and that Title I funds are directed to students. The author sees the later restrictions as contributing to the rise of home schooling and a sectarian divisiveness that the separation of church and state was meant to ameliorate.\n This comment discusses budget cuts to educational programs for gifted students as well as how these programs are treated. First Amendment Student Free Speech Claim.
... the early United States Supreme Court cases that ended coerced religious activity in public sc...Frederick B. Jonassen, Free Speech and Establishment Clause ... Cyberbullying and Cyberharassment after Morse v. Frederick, 37 Hastings Const. L.Q. 565 (2010). ...
This Note argues that schools are the best line of defense against the growing problem of cyberbullying and offers a guide for schools wary of First Amendment lawsuits by students punished for their cyberspeech. In many cases, a student engaging in cyberbullying of a classmate will create a substantial disruption at school or interfere with the right of the victim to an environment conducive to learning, thus justifying action by the school under the Tinker standard. Other Supreme Court cases regarding indecent or offensive speech and speech the Court viewed as promoting drug use may provide helpful arguments for schools accused of overstepping constitutional boundaries. This Note also suggests that schools may wish to argue that courts should show more deference to disciplinary decisio...
...ment is vacated and the case is remanded to the District Court. of Alaska for f...
Case: 09-40373 Document: 00511615560 Page: 1 Date.... Morse v. Frederick, 551 U.S. 393, 418 (2007) (Thomas, J....
... The case goes back to 2002, when Joseph Frederick, then a student at a public high school in Alaska,.... A decision in the Morse v. Frederick case is expected by the end of June. ...
... I The plaintiffs in this case are four former elementary-school students in the .... Morse v. Frederick, 551 U.S. 393, 418 (2007) (Thomas, J....
.... * Under "Judicial Decision-making--Case Studies," the following new case studies have beenn added: . --Morse v. Frederick--The First Amendment case which invol...
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