Thursday, September 18, 2014

Why Can't We Just Say What We Feel? It Is Free Speech, Right?

           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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