Morse vs. Frederick

            Joseph Frederick agreed with this opinion. However, the school official at Juneau, Alaska did not.  The School went to the U.S. Supreme Court because they wanted a review of the U.S. Court of Appeals decision. The Supreme Court agreed the hear the case

            The petitioning side used examples of Tinker vs. Des Moines and Hazelwood vs. Kuhlmeier.  They argued that there was a right to remove the disturbance when it relates to breaking school rules. They said that they could remove the message as long as their interpretation, smoking marijuana, is reasonable.

            Frederick argued that the case is about free speech and not drugs. He argued that the event was not school property and that when he showed the flag he was not breaking any school rules. He also said that it was just intended to be a humorous message.

            The Supreme Court ruled in favor of the school. The reversed the U.S. Court of Appeals decision by a 5 to 4 vote. They stated that school official can remove anything that prohibits illegal drug use in school property. The first amendment says that the students have a right to free speech; however, this right does not extend to pro-drug use messages. The majority of justices said that Frederick’s message was reasonably interpreted as promoting marijuana use. Although the point made using the precedent of Tinker vs. Des Moines was decent, it is not always able to be applied. The Court stated that even though he may or may not have been on school grounds, the banner hinted at the school and school students. The statement of wanting to get on television may be his motive but it is not an excuse. Since the concern about drug use extends past trying to avoid a disturbance, the removal and suspension of Frederick was reasonable.

            The first amendment of free speech does apply to schools as shown in the Tinker case. This means that the school or school officials are not entitled to prohibit the use of free speech. However, the insinuation of drug use at school overcame that right. The Supreme Court stated that it was well within the rights of the school to remove the banner and suspend Frederick for ass long as they see fit.