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Constitutional Law Keyed to Choper
Morse v. Frederick
Citation:
551 U.S. 393 (2007)Facts
On January 24, 2002, the Olympic Torch Relay passed through Juneau, Alaska. Principal Deborah Morse of Juneau-Douglas High School permitted students to leave class to observe the relay from either side of the street as a school-sanctioned event. Joseph Frederick, a senior, arrived late to school and joined his friends across the street from the school. As the torchbearers and camera crews passed by, Frederick and his friends unfurled a 14-foot banner bearing the phrase “BONG HiTS 4 JESUS,” visible to students on the other side of the street. Principal Morse immediately crossed the street, demanded the banner be taken down, and confiscated it when Frederick refused to comply. She then suspended Frederick for 10 days, explaining that she believed the banner promoted illegal drug use in violation of school policy. Frederick administratively appealed his suspension, but the superintendent upheld it (though reduced to time served), determining that Frederick’s speech was not political but rather promoted illegal drug use at a school-sanctioned activity.
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