morse v frederick quotes
Posted on October 8th, 2020
First Amendment in upholding—indeed, lauding—a school’s decision to punish Frederick for expressing a view with which it disagreed. On January 24, 2002, the Olympic Torch Relay gave those Alaska residents a rare chance to appear on national television.
6 This same reasoning applies when the interpreter is not just a listener, but a legislature. 53a. If this were a close case, the tie would have to go to Frederick’s speech, not to the principal’s strained reading of his quixotic message. Should school officials be immune from legal liability when they take actions in good faith to protect other students from what they consider offensive speech? Condonation of a breach enhances the probability. of Va., First Amendment principles animate both the Court’s opinion in Tinker and Justice Harlan’s dissent. But even advocacy of violation, however reprehensible morally, is not a justification for denying free speech where the advocacy falls short of incitement and there is nothing to indicate that the advocacy would be immediately acted upon.” Whitney v. California, 06-278) 439 F. 3d 1114, reversed and remanded. Although this case began with a silly, nonsensical banner, it ends with the Court inventing out of whole cloth a special
His suit was dismissed by the federal district court, but on appeal, the Ninth Circuit reversed, concluding that Frederick's speech rights were violated.
323 U. S. 516 (1945) 478 U. S. 675, The ensuing change in public opinion occurred much more slowly than the relatively rapid shift in Americans’ views on the Vietnam War, and progressed on a state-by-state basis over a period of many years. In Thomas v. Collins,
The “Bong Hits 4 Jesus” banner did not explicitly promote illegal drug use. 83 (expressly defining “ ‘drugs’ ” to include “all alcoholic beverages”). ", Read more about Morse V. Frederick: Background and Procedural History, Subsequent Judicial Interpretation, Groups Involved, Aftermath, “Science is the knowledge of many, orderly and methodicallydigested and arranged, so as to become attainable by one. At the time Frederick unfurled his banner, the constitutionality of that referendum had yet to be tested. Even if advocacy could somehow be wedged into Frederick’s obtuse reference to marijuana, that advocacy was at best subtle and ambiguous. 268 U. S. 652,
While I find it hard to believe the Court would support punishing Frederick for flying a “WINE SiPS 4 JESUS” banner—which could quite reasonably be construed either as a protected religious message or as a pro-alcohol message—the breathtaking sweep of its opinion suggests it would. He just wanted to get the camera crews’ attention. Reaching back still further, the current dominant opinion supporting the war on drugs in general, and our antimarijuana laws in particular, is reminiscent of the opinion that supported the nationwide ban on alcohol consumption when I was a student.
Roadways to the Federal Bench: Who Me? 9 See Gonzales v. Raich, When 3 See ante, at 1 (stating that the principal “reasonably regarded” Frederick’s banner as “promoting illegal drug use”); ante, at 6 (explaining that “Principal Morse thought the banner would be interpreted by those viewing it as promoting illegal drug use, and that interpretation is plainly a reasonable one”); ante, at 8 (asking whether “a principal may … restrict student speech … when that speech is reasonably viewed as promoting illegal drug use”); ante, at 14 (holding that “schools [may] restrict student expression that they reasonably regard as promoting illegal drug use”); see also ante, at 1 (Alito, J., concurring) (“[A] public school may restrict speech that a reasonable observer would interpret as advocating illegal drug use”).
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