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gracelanghorn
30.03.2021 •
History
On January 24, 2002, the Juneau (Alaska) School District sanctioned an outdoor event across the street from the high school - watching the Olympic torch as it passed by on its journey to Salt Lake City, where the winter games were going to be held. Just as the torch and camera crews passed by, student Joseph Frederick unfurled a 14-foot banner that said "BONG HITS 4 Jesus." Principal Deborah Morse confiscated the banner and suspended Frederick for ten days. Although he appealed his suspension, the Juneau School District upheld the suspension, arguing that the sign promoted illegal drug use and the school had a policy against displaying messages that promoted drug use. Frederick sued. A district court decided in favor of the principal. On appeal the Ninth Circuit Court decided that Frederick's constitutional rights were violated. The case reached the Supreme Court, which ruled 5:4 in Morse v. Frederick in 2007 that the school was within its rights to remove the banner and suspend Frederick. In the majority opinion, Justice Roberts argued that students' rights in schools do not extend to pro- drug messages, because an important objective of the school was to discourage drug use.
(A) Identify the constitutional clause that is common to Morse v. Frederick (2007) and Tinker v. Des Moines Independent School District (1969).
(B) Based on the similarity identified in part A, explain why the facts of Tinker v. Des Moines Independent School District led to a different holding than the holding in Morse v. Frederick.
(C) Describe how the holding in Morse v. Frederick affected students' opportunities to hold gatherings on school grounds supporting alteration of marijuana law.
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