Lori Hasty Public Law 10-11-2012 Dr.

Scott

At a school sponsored event during school hours with students and teachers gathered outside. Principal Morse saw students across the street unroll a banner that said Bong Hits 4 Jesus. Morse asked the students to take down the banner. One student refused Frederick who was one of the students who brought the banner to school. Morse took the banner away from Frederick because it appeared as promoting drug use, which is against school policy and later suspended Frederick as a disciplinary action. 1. Court Procedure-District Court found in favor of the Petitioner Morse, ruling that they were entitled to qualified immunity and they had not infringed Fredericks speech rights.

2. Ninth Circuit- Reversed because banner expressed a positive tendency about marijuana use. Court found a First Amendment violation because school disciplined Frederick without proving that his speech caused a disruption and that a rational principal would have understood that her actions were unconstitutional. 3. U.S. Supreme Court- Morse wins. 5/4 reversed and remanded. 4. Holding- At school, student speech takes a back seat to health and safety of students. The school principal did not violate the First Amendment by taking the Pro-Drug Banner and by disciplining Frederick with suspension. 5. Dictum- Legal reasoning. Why towards the outcome. 1. School safety for the students due to the 1994 Safe and Drug-Free Schools and Communities Act. 2. It is a special environment of a school for students. 3. The students are not adults, they are still children. 4. Students may not celebrate drug use at a school event. 5. School officials responsible for deterring drug use or interest among students.