Morse v. Frederick

United States Supreme Court, 2007

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Can a public school punish a student for something displayed during a school event outside of class?

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That question reached the Supreme Court in 2007, and the answer created another important exception to student-free speech rights.

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In 2002, student Joseph Frederick stood across the street from his high school in Juneau as the Olympic Torch Relay passed by. Although he was not inside the school building, students had been released from class to watch the event under school supervision.

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As television cameras approached, Frederick and several friends held up a large banner that read “Bong Hits 4 Jesus.”

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Principal Deborah Morse believed the banner encouraged illegal drug use. She ordered the banner taken down and suspended Frederick for violating the school's anti-drug policy.

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Frederick argued that the banner was meant as a joke and that punishing him violated his First Amendment rights.

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The case eventually reached the Supreme Court.

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The Supreme Court ruled 5–4 in favor of the school.

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The Court began by explaining that in other contexts it recognized that “while children assuredly do not ‘shed their constitutional rights ... at the schoolhouse gate,’ ... the nature of those rights is what is appropriate for children in school.” 

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Considering the “‘special characteristics of the school environment’ and the governmental interest in stopping student drug use,” the Court concluded that the First Amendment “allows schools to restrict student expression that they reasonably regard as promoting illegal drug use.”  In numerous cases, the Court had “recognize[d] that deterring drug use by schoolchildren is an ‘important—indeed, perhaps compelling’ interest.” 

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So this case did not involve an “‘undifferentiated fear or apprehension of disturbance’ or ‘a mere desire to avoid the discomfort and unpleasantness that always accompany an unpopular viewpoint.’” Instead, it addressed a “far more serious and palpable” danger: student drug use. 

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Since the school reasonably concluded that the banner promoted illegal drug use, it was able to discipline Frederick for his actions.  The Court concluded that “ failing to act would send a powerful message to the students…about how serious the school was about the dangers of illegal drug use. The First Amendment does not require schools to tolerate at school events student expression that contributes to those dangers.”

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This content is for educational purposes only and does not constitute legal advice. Student-speech cases depend heavily on the specific facts, applicable school policies, and the law in the relevant jurisdiction.  Students or parents with questions about their rights should consult with a licensed attorney.