Morse v. Frederick

551 U.S. 393 (2007)

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Nature of the Case

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Facts

Morse (D), the high school principal, decided to permit staff and students to participate in a Torch Relay for the upcoming Olympic Games as an approved social event or class trip. Students were allowed to leave class to observe the relay from either side of the street. Teachers and administrative officials monitored the students’ actions. Frederick (P), a senior, was across the street from the school to watch the event. As the torchbearers and camera crews passed by, P and his friends unfurled a 14-foot banner bearing the phrase: “BONG HiTS 4 JESUS.” D immediately crossed the street and demanded that the banner be taken down. Everyone but P complied. D confiscated the banner, and she later suspended P for 10 days. D thought it encouraged illegal drug use, in violation of established school policy. P administratively appealed his suspension. It was upheld by the school district because his speech appeared to advocate the use of illegal drugs. P then filed suit under §1983, alleging that Ds had violated his First Amendment rights. The District Court granted summary judgment for Ds. The Ninth Circuit reversed; the school punished P without demonstrating that his speech gave rise to a “risk of substantial disruption.” The Supreme Court granted certiorari.