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The 2007 Morse v. Frederick Decision: Has the U.S. Supreme Court Provided a New Legal Framework for Students’ First Amendment Speech Rights in Public Schools?

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Abstract:

This paper analyzes the Court’s 2007 decision in Morse v. Frederick. The Court had to determine if a Juneau, Alaska public high school student had a First Amendment right to unfurl a banner that read “BONG HiTS 4 JESUS.” The Court in a five to four decision ruled that the First Amendment does not grant students the right to advocate illegal drug use. This paper analyzes that ruling and argues that the Court did not provide an overall legal framework for student speech rights in public schools. It then discusses how the Court’s Morse decision differs from its other key student speech decisions: Tinker v. Des Moines, Bethel v. Fraser, and Hazelwood v. Kuhlmeier. The paper concludes by arguing that the Court’s Tinker decision granting public school students the right to express themselves politically still stands but other student speech rights are now in question.

Most Common Document Word Stems:

school (172), student (141), court (112), speech (111), id (110), right (57), rule (39), fraser (39), tinker (38), high (36), v (33), express (32), said (31), polit (30), justic (29), decis (29), u.s (28), drug (28), frederick (27), first (27), use (23),

Author's Keywords:

Freedom of Speech, Student Speech Rights, First Amendment
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Name: NCA 94th Annual Convention
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MLA Citation:

Azriel, Joshua. "The 2007 Morse v. Frederick Decision: Has the U.S. Supreme Court Provided a New Legal Framework for Students’ First Amendment Speech Rights in Public Schools?" Paper presented at the annual meeting of the NCA 94th Annual Convention, TBA, San Diego, CA, Nov 20, 2008 <Not Available>. 2009-10-27 <http://www.allacademic.com/meta/p256971_index.html>

APA Citation:

Azriel, J. N. , 2008-11-20 "The 2007 Morse v. Frederick Decision: Has the U.S. Supreme Court Provided a New Legal Framework for Students’ First Amendment Speech Rights in Public Schools?" Paper presented at the annual meeting of the NCA 94th Annual Convention, TBA, San Diego, CA Online <PDF>. 2009-10-27 from http://www.allacademic.com/meta/p256971_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: This paper analyzes the Court’s 2007 decision in Morse v. Frederick. The Court had to determine if a Juneau, Alaska public high school student had a First Amendment right to unfurl a banner that read “BONG HiTS 4 JESUS.” The Court in a five to four decision ruled that the First Amendment does not grant students the right to advocate illegal drug use. This paper analyzes that ruling and argues that the Court did not provide an overall legal framework for student speech rights in public schools. It then discusses how the Court’s Morse decision differs from its other key student speech decisions: Tinker v. Des Moines, Bethel v. Fraser, and Hazelwood v. Kuhlmeier. The paper concludes by arguing that the Court’s Tinker decision granting public school students the right to express themselves politically still stands but other student speech rights are now in question.

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