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Hazelwood East High School v. Kuhlmeier 

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Hazelwood East High School v. Kuhlmeier 

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What if the majority of teachers approved of what was written because they wanted to inform student? Would there be a change of the outcome?

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- Would it be considered Obscene material? (what Fredrick did)

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What would happen if a teacher had a armband in 1965?
Nice picture!

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Could a controversial message impact the school

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Could a controversial message impact the school

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Facts of the case

At a school-supervised event, Joseph Frederick held up a banner with the message "Bong Hits 4 Jesus," a slang reference to marijuana smoking. Principal Deborah Morse took away the banner and suspended Frederick for ten days. She justified her actions by citing the school's policy against the display of material that promotes the use of illegal drugs. Frederick sued under 42 U.S.C. 1983, the federal civil rights statute, alleging a violation of his First Amendment right to freedom of speech. The District Court found no constitutional violation and ruled in favor of Morse. The court held that even if there were a violation, the principal had qualified immunity from lawsuit. The U.S. Court of Appeals for the Ninth Circuit reversed. The Ninth Circuit cited Tinker v. Des Moines Independent Community School District , which extended First Amendment protection to student speech except where the speech would cause a disturbance. Because Frederick was punished for his message rather than for any disturbance, the Circuit Court ruled, the punishment was unconstitutional. Furthermore, the principal had no qualified immunity, because any reasonable principal would have known that Morse's actions were unlawful.

Question

1) Does the First Amendment allow public schools to prohibit students from displaying messages promoting the use of illegal drugs at school-supervised events?

2) Does a school official have qualified immunity from a damages lawsuit under 42 U.S.C. 1983 when, in accordance with school policy, she disciplines a student for displaying a banner with a drug reference at a school-supervised event?

Conclusion

Yes and not reached. The Court reversed the Ninth Circuit by a 5-4 vote, ruling that school officials can prohibit students from displaying messages that promote illegal drug use. Chief Justice John Roberts's majority opinion held that although students do have some right to political speech even while in school, this right does not extend to pro-drug messages that may undermine the school's important mission to discourage drug use. The majority held that Frederick's message, though "cryptic," was reasonably interpreted as promoting marijuana use - equivalent to "[Take] bong hits" or "bong hits [are a good thing]." In ruling for Morse, the Court affirmed that the speech rights of public school students are not as extensive as those adults normally enjoy, and that the highly protective standard set by Tinker would not always be applied. In concurring opinions, Justice Thomas expressed his view that the right to free speech does not apply to students and his wish to see Tinker overturned altogether, while Justice Alito stressed that the decision applied only to pro-drug messages and not to broader political speech. The dissent conceded that the principal should have had immunity from the lawsuit, but argued that the majority opinion was "[...] deaf to the constitutional imperative to permit unfettered debate, even among high-school students [...]."

Cite this page

"Morse v. Frederick." Oyez, www.oyez.org/cases/2006/06-278. Accessed 24 Mar. 2021.

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At a school-supervised event, Joseph Frederick held up a banner with the message "Bong Hits 4 Jesus," a slang reference to marijuana smoking. Principal Deborah Morse took away the banner and suspended Frederick for ten days. She justified her actions by citing the school's policy against the display of material that promotes the use of illegal drugs.

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Why did the principal care if they were not on school property. What students do outside of school is none of their business.

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Why did the principal care if they were not on school property. What students do outside of school is none of their business.

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morse vs fredrick

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Did any of Fredrick friends get sued/sue

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Justice Potter Stewart said that Fist Amendment does not reach it's full extent to children. Why?

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why should someone be banned from school for

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How long were they suspended?

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did they drop the case?

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What would happen if a teacher made a banner similar to fredricks.

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What would happen if a teacher made a banner similar to fredricks.

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Morse v s fredrick

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Armbands were a problem because it could of taken an offense to others and some people didn't believe in that.

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At what point in the protest did the children decide to take the school to court?

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1. How come the elementary kids didn't get suspended, but the other 3 did?
2. The 3 students that got suspended were not being disruptive. Why did they still get suspended?

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How long did it take to start a court case?

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Why did the district court think that the school's decision was correct?

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Why was wearing an armband such a big issue

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Did the Children win this case?

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How did the students of the school react to the suspension of the two and the wearing of the arm bands?

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I agree with the other question, why did the school care because it didn't effect the school, or anyone else.

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I agree with the other question, why did the school care because it didn't effect the school, or anyone else.

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Morse vs Fredrick

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how come the school thought that is was a distraction when the kids wore special bands?

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how come the school thought that is was a distraction when the kids wore special bands?

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why did the students get suspended by just wearing wristbands?

what would the kids need to win the case?