Supreme Court Rules That Public Schools May Prohibit A Student's Pro-Drug Banner

Jun 25, 2007

Washington, D.C. - Today, the United States Supreme Court, in a 5 to 4 decision in Morse v. Frederick, ruled that an Alaska public school may punish a student for displaying a pro-drug banner at a school-sponsored function. Chief Justice Roberts delivered the Court's opinion.

When Joseph Frederick was a senior at Juneau-Douglas High School in Juneau, Alaska, a "Winter Olympics Torch Relay" was scheduled to pass by the school. Students were released from class to watch the Olympic torch pass. After television cameras were pointed in his direction, Frederick and some of his friends unfurled a banner reading "Bong Hits 4 Jesus." The school principal saw the banner, grabbed and crumpled it, and suspended Frederick for ten days.

The school argued that the event was school-sponsored since the students were released from class to attend the event. Liberty Counsel does not endorse the student's message, but filed an amicus brief urging the Court to exercise caution so that this case would not negatively impact students' right to freedom of speech while at off-campus events. The Court did exercise caution and limited its ruling to cases where students promote pro-drug messages at school-sponsored events, stating that this case involved very special characteristics not present in other student free speech circumstances.

Mathew Staver, Founder of Liberty Counsel and Dean of Liberty University School of Law, who was at the Court today, commented: "Although public school officials may limit pro-drug speech at a school-sponsored event, they still do not have the authority to punish private student speech that occurs outside of a school-sponsored event. While this ruling permits school officials to ban pro-drug messages at school-sponsored events, students retain their constitutional rights to speak on religious, political or moral issues while on campus during non-instructional times."

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