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Morse et al. v. Frederick (Docket #: 06-278) (2007)  [Findlaw]

Secondary Link Morse et al. v. Frederick  [Legal Information Institute]
Argument Date 03/19/2007
Decided 6/25/2007
Supreme Court Vote 4-1-4
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.
Supreme Court Ruling First Amendment claim denied.
 
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.
Supreme Court Times Link

Majority Opinion Roberts, C.J.
Concurring Opinion Thomas, J., & Alito, J. (joined by Kennedy, J.), & Breyer, J. (concurring in judgment in part & dissenting in part)
Dissenting Opinion Stevens, J. (joined by Souter, J., & Ginsberg, J.)
Certiorari Granted 12/01/2006
Lower Court 9th Circuit
Lower Court Ruling First Amendment claim sustained
Oral Arguments transcript (3-19-07)
audio (Oyez)  [Oyez]
Lawyers
For Petitioner
Kenneth Starr

For Respondent
Douglas K. Mertz

Briefs
For Petitioner
Petitioner's Cert. Petition

Tony Mauro Analysis
"Rhetoric aside, most First Amendment claimants lose"

"Justices may take centrist view of 'Bong Hits' case "

"Court may untangle student-speech cases with 'Bong Hits'" (12/04/06)

"First Amendment claims get mixed reception at Court" (6/26/2007)

Opinion - Lower Court
Frederick v. Morse (9th Cir., 2006)

News
AP, "'Bong' banner case focuses on what students can say" (04/16/2003)

AP, "Court limits student speech in 'Bong Hits 4 Jesus' case" (6/25/07)

AP, "High court hears 'Bong Hits 4 Jesus' case" (3-20-07)

AP, "Justices to hear 'Bong Hits 4 Jesus' case" (12/01/06)

Douglas Less, "Lower court takes narrow view of 'Bong Hits' ruling" (7-18-07)

Greenhouse, Linda, "Vote Against Banner Shows Divide on Speech in Schools," The New York Times, June 25, 2007

Holding, Reynolds, "Ruling "Bong Hits" Out of Bounds," TIME Magazine, June 25, 2007
Linda Greenhouse, "Court Hears Whether a Drug Statement is Protected Free Speech for Students," New York Times, March 20, 2007, A-16
Reuters, "Court: ‘Bong Hits 4 Jesus’ banner is OK" (03/10/2006)

Skinner, Greg, "'Bong hits' ruling sides with district," The Juneau Empire, June 26, 2007

Other
CNN news clip (June 25, 2007)

David Hudson, "Student Online Expression: What Do the Internet and MySpace Mean for Students' First Amendment Rights?" (Dec. 2006)

MSNBC Coverage (3-19-07)

YouTube (ACLU video clip from before oral arguments in S Ct)

Commentary
Charles Haynes, "For high school students, free speech is no joke" (7-08-07)

Dana Milbank, "Up in Smoke at the High Court," Washington Post, March 20, 2007, A-2
David Hudson, "Did student-speech rights go up in smoke?" (6-27-07)

Editorial, "Protect student speech -- even 'unwise' bong banner," USA Today, March 21, 2007

Editorial, "Students' Right to Free Speech," New York Times, March 20, 2007, A-18
Editorial, "The Wrong Lesson," The Los Angeles Times," June 26, 2007

Lyle Denniston, "Analysis: A new exception to Tinker?," SCOTUSblog, March 19, 2007

Lyle Denniston, "The incident on Glacier Avenue: 3/19/07 Argument," SCOTUSblog, March 19, 2007

Marty Lederman, "Brief Notes on Morse Oral Argument," SCOTUSblog, March 19, 2007

Marty Lederman, "Quick Preliminary Notes on Hein and Morse," SCOTUSblog, 6/25/07

Marty Lederman, "When Is Viewpoint Discrimination a Constitutional Virtue?," SCOTUSblog, March 19, 2007

Saunders, Debra, "Freedom of Expression Takes a Bong Hit," The San Francisco Chronicle, June 26, 2007
Student Press Law Center, "Supreme Court Rules in 'Bong Hits 4 Jesus' Case," June 25, 2007

Wendy Kaminer, "The American Liberal Liberties Union," Wall Street Journal, May 23, 2007, A-17
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