Students Can’t Speak (Unless School Likes What They Saying)

Morse v. Frederick, slip. op. No. 06–278. (9th Circuit) - Decision 06/25/07

Yet again evincing their willingness to undermine long-standing precedent, the Supreme Court ruled by a 5-4 decision, written by Chief Justice Roberts and joined by Justice Alito, that it was not a violation of the First Amendment for a school principal to suspend a student – who was not even on school grounds – for hoisting a banner reading "Bong Hits 4 Jesus" at an Olympic torch relay. The decision undercut the 1969 decision of Tinker v. Des Moines Independent Community School District, in which the Supreme Court ruled that suspending students for wearing black armbands in protest of the Vietnam War violated the First Amendment.

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