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U.S. Supreme Court Decision Supports Reasonable Limitation of Student Free Speech

The U.S. Supreme Court ruled on June 25, 2007 in Morse v. Frederick that a public school administration’s decision to suspend a student for displaying a marijuana-related banner at a school-sponsored event did not violate the student’s First Amendment rights.  The decision mandates a balancing of interests between the free speech rights of students and the duty of school administration to control the educational messages being communicated in the school setting.

In 2002, then 18-year-old Joseph Frederick and other students from his Juneau, Alaska high school were permitted to leave campus during school hours and under the supervision of teachers and administrators to watch the Winter Olympics Torch Relay as it proceeded along a nearby street.  As television cameras filmed the event, Frederick and several other students unfurled a banner that read “BONG HiTS 4 JESUS” [sic].  The school’s principal, Morse, immediately confiscated the banner and later suspended Frederick as the student mainly responsible, pursuant to the school’s policy prohibiting speech at school events that is reasonably viewed as encouraging illegal drug use.  Frederick appealed to the district and school board, and ultimately filed an action against the principal and school board, alleging First Amendment violations.  Frederick contended that the banner was nonsensical and merely intended as an exercise of his First Amendment right to express any message he cared to express.

Morse recognizes that students maintain their First Amendment rights in the school setting, but sets limits on those rights to the extent school officials reasonably conclude that a student’s message will substantially interfere with the educational mission of the school.  The decision is consistent with the Supreme Court’s previous decisions holding that students are subject to reasonable First Amendment limitations at school because schools have a special responsibility to safeguard those entrusted to them.  For more information on Morse or related issues, please contact Jim Ruhly or Sue Sheeran.

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