Morse vs. Frederick

 This case involves the first amendment right to free speech. In 2002, at a school in Juneau Alaska a school event was taking place. The winter Olympic torch was being run thru the street across from the school. Joseph Frederick decided to hang a sign saying “BONG HiTS 4 JESUS”. The sign was a slang term for smoking marijuana.  He and his friends displayed the sign in front of television cameras as the Olympic torch was being run by.

            As soon as the principal, Deborah Morse, saw the sign, she ran and took the sign. Joseph said that he got the slogan from a snowboard and thought it was funny. His intention was only to get on television. However, the principal did not find the humor in the sign so she initially suspended him for five days for breaking the school anti-drug policy. She later increased the suspension to ten days. Frederick asked the superintendent and school board to end his suspension. The School thought they should be able to remove anything that went against the school rules. However, Frederick was granted a release of suspension on March 19th.

                On April 25th Frederick filed a lawsuit against his school in the U.S. District Court.  He said that the school violated his right to free speech.  The district court decided in favor of the school and Deborah Morse. The Court stated that Frederick’s rights were not violated because the principal had taken the banner according to the schools anti-drug policy. Frederick did not agree with the opinion of the District Court and so he appealed to the U.S Court of Appeals.

            The U.S. Court of Appeals reversed the decision of the District Court. Even though the problem did occur during a school event, Frederick’s student speech rights were violated.  The court had a unanimous decision. The Court said that the sign ‘BONG HiTS 4 JESUS’ may be funny or stupid but it is not offensive. Also the school could not punish/censor speech because it invites a controversial message to the one made by the school. Overall the U.S. Court of Appeals voted in favor of Frederick saying that his rights were violated.