Although six years removed from a case that was settled,
Morse v. Frederick is still a case that somewhat leaves a hanging thought in
your head. As we learned in class, a student by the name of Joseph Frederick
held up a sign that read, “Bong Hits 4 Jesus.” It was held up during the
Olympic Torch Relay, in 2002, in Juneau, Alaska. The reason behind this case
being tried on a federal level was due to the fact the sign was shown during a
school-sponsored activity. Frederick was asked to put the sign away and he
refused to do so. Principal Deborah Morse confiscated and suspended Joseph for
10 days. Frederick claimed that the suspension violated his First Amendment
right to freedom of speech. In favor of Principal Morse, the Supreme Court
Justices majority held a 5-4 victory. Link 1
This case
is a prime example of the First Amendment. I believe that Frederick has every
right to exercise his First Amendment rights. Even though he was at a school-sponsored
event, he does have the right to freely express his voice, thoughts or
opinions. The struggle I believe is the fact that it has the word, “Bong.” This
is a term associated with drugs, which is why it changed everything. I think it
is very unclear as to what Frederick had in mind behind the sign. He claimed
that he had no intention of promoting illegal use of substances. According to
Frederick he said, “that the words were just nonsense meant to attract
television cameras.” Link
2. I have a hard time believing that his sign promoted drug use, or that it
would have persuaded students and others to change their minds about drugs.
With such a vague sign, how does on interpret that Frederick is promoting drug
use? Did the principal violate the student’s First Amendment rights? The
majority opinion stated Morse had acted in an appropriate manner and did not
violate Frederick. The Court took the position that the First Amendment does
not require schools to tolerate student expression that contributes to the
danger of illegal drug use. A hanging question I will leave, that I struggle
with is, what is really considered free speech?
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