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Constitutional Law Keyed to Cohen
Morse v. Frederick
Facts
Joseph Frederick (P) was a public school student who held up a banner with a cryptic message at a school function which was being televised. The banner read “Bong Hits 4 Jesus”. The school principal Deborah Morse (D) removed the banner and also suspended Frederick, under the school policy which prohibited the display of material which could be reasonably construed to promote illegal drug use. Frederick sued against the suspension on the ground that it violated his right to freedom of speech. The district court found against Frederick on the ground that the principal had qualified immunity in this case. The Ninth Circuit Court of Appeals reversed the decision citing Tinker as precedent, since the speech in this case did not cause disturbance and was therefore protected under the First Amendment.
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