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| | | Morse et al. v. Frederick (Docket #: 06-278) (2007)
[Findlaw]
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Secondary Link
| Morse et al. v. Frederick
[Legal Information Institute]
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Argument Date
| 03/19/2007 |
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Decided
| 6/25/2007 |
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Supreme Court Vote
| 4-1-4 |
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Note
| Mary Beth Tinker was in the courtroom when the case was argued. Notably, Justice Thomas in his concurrence would not apply the First Amendment to schools at all. |
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Supreme Court Ruling
| First Amendment claim denied. |
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| | | Issue | (1) Whether the First Amendment allows public schools to prohibit students from displaying messages that allegedly promote the use of illegal substances at so-called school-sponsored events. (2) Whether the Ninth Circuit departed from established principles of qualified immunity in holding that a public high school principal was liable in a damages lawsuit under 42 U.S.C. § 1983 when, pursuant to the school district’s policy against displaying messages promoting illegal substances, she disciplined a student for displaying a large banner with a slang marijuana reference at a school-sponsored, faculty-supervised event. | |
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Supreme Court Times Link
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Majority Opinion
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Roberts, C.J. |
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Concurring Opinion
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Thomas, J., & Alito, J. (joined by Kennedy, J.), & Breyer, J. (concurring in judgment in part & dissenting in part) |
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Dissenting Opinion
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Stevens, J. (joined by Souter, J., & Ginsberg, J.) |
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Certiorari Granted
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12/01/2006 |
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Lower Court
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9th Circuit |
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Lower Court Ruling
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First Amendment claim sustained |
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Oral Arguments
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transcript (3-19-07)
audio (Oyez)
[Oyez]
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| Lawyers |
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| Briefs |
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| Tony Mauro Analysis |
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| Opinion - Lower Court |
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| News |
Holding, Reynolds, "Ruling "Bong Hits" Out of Bounds," TIME Magazine, June 25, 2007
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Linda Greenhouse, "Court Hears Whether a Drug Statement is Protected Free Speech for Students," New York Times, March 20, 2007, A-16
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| Other |
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| Commentary |
Dana Milbank, "Up in Smoke at the High Court," Washington Post, March 20, 2007, A-2
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Editorial, "Students' Right to Free Speech," New York Times, March 20, 2007, A-18
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Saunders, Debra, "Freedom of Expression Takes a Bong Hit," The San Francisco Chronicle, June 26, 2007
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Wendy Kaminer, "The American Liberal Liberties Union," Wall Street Journal, May 23, 2007, A-17
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