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Morse v. Frederick

Docket No.: 06-278
Certiorari Granted: Dec 1 2006
Argued: March 19, 2007
Decided: June 25, 2007

Topics:

First Amendment, Fourth Amendment, Fourteenth Amendment, civil rights, illegal drug use, public education, public schools, qualified immunity, student speech, Union

PartyNames: Deborah Morse, et al. v. Joseph Frederick
Petitioner: Deborah Morse, et al.
Respondent: Joseph Frederick

Court Below: United States Court of Appeals for the Ninth Circuit

Deborah Morse, et al.
v.
Joseph Frederick
551 U.S. 393 (2007)
Question Presented:

1. Whether the First Amendment allows public schools to prohibit students from displaying messages promoting the use of illegal substances at school-sponsored, faculty-supervised 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. ยง 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.

Question:

1) Does the First Amendment allow public schools to prohibit students from displaying messages promoting the use of illegal drugs at school-supervised events? 2) Does a school official have qualified immunity from a damages lawsuit under 42 U.S.C. 1983 when, in accordance with school policy, she disciplines a student for displaying a banner with a drug reference at a school-supervised event?

Note:

EXPEDITED BRIEFING SCHEDULE.

Holding: judgment reversed and remanded
Vote: 5-4
Read MORSE V. FREDERICK opinion (PDF)

Other Resources for Morse v. Frederick:
resource.org
justia.com
wikipedia.org