Morse v. Frederick S.C. Comparison

Deborah Morse was the principal of Douglass High School in Juneau, Alaska, where students were allowed to attend the 2002 Olympic torch relay outside of the school. At the school supervised event, Joseph Frederick held up a banner with the message “Bong Hits 4 Jesus”, a slang reference to marijuana smoking. Morse took away the banner and suspended Frederick for ten days. Morse justified her actions by citing the school’s policy against the display of material that promotes the use of illegal drugs. In the ensuing case, Morse v. Frederick, the Supreme Court held in a 5-4 decision that although students do have some rights, even while in school, these rights do not extend to pro-drug messages that may undermine the school’s important mission to discourage drug use. In ruling for Morse, the Court affirmed that the speech rights of public school students are not as extensive as those adults normally enjoy. Because schools may take steps to safeguard those entrusted to their care, the school officials in this case did not violate the Constitution by confiscating the pro-drug banner and suspending Frederick.

Identify the constitutional provision that is common in both Morse v. Frederick (2007) and Tinker v. Des Moines (1969).

Based on the constitutional provision identified in part A, explain why the facts of Tinker v. Des Moines led to a different holding than the holding in Morse V Frederick.

Describe an action that members of Congress who disagree with the holding in Morse v. Frederick could take to limit its impact.

Describe an action that members of Congress who disagree with the holding in Morse v. Frederick could take to limit its impact.