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for Cert. … Teachers instilled these values not only by presenting ideas but also through strict discipline. Tr.
46–48. I also seriously question whether such a ban could really be enforced. What about deprecating commentary about an antidrug film shown in school? And finding that Morse was entitled to qualified immunity would leave only the question of injunctive relief. Parkerson 65 (noting that children were punished for idleness, talking, profanity, and slovenliness). During school hours, however, parents are not present to provide protection and guidance, and students’ movements and their ability to choose the persons with whom they spend time are severely restricted. School principals have a difficult job, and a vitally important one. Given the high probability that Frederick’s request for an injunction will not require a court to resolve the constitutional issue, see In a memorandum setting forth his reasons, the superintendent determined that Frederick had displayed his banner “in the midst of his fellow students, during school hours, at a school-sanctioned activity.”
First, the phrase could be interpreted as an imperative: “[Take] bong hits …”—a message equivalent, as Morse explained in her declaration, to “smoke marijuana” or “use an illegal drug.” Alternatively, the phrase could be viewed as celebrating drug use—“bong hits [are a good thing],” or “[we take] bong hits”—and we discern no meaningful distinction between celebrating illegal drug use in the midst of fellow students and outright advocacy or promotion. Illegal drugs, after all, are not the only illegal substances. Rather, he would have upheld the district’s rule only because the students never cast doubt on the district’s anti-disruption justification by proving that the rule was motivated “by other than legitimate school concerns—for example, a desire to prohibit the expression of an unpopular point of view while permitting expression of the dominant opinion.”
The principal confiscated the banner and later suspended the student. Second, some cases involved punishment for speech on weightier matters, for instance a speech criticizing school administrators for creating a fire hazard. The problem with this approach is the rather significant one that it is inadequate to decide the case before us. 549 U. S. ___ (2006).
Nothing? In December 1965, we were engaged in a controversial war, a war that “divided this country as few other issues ever have.” Justice Harlan dissented, but not because he thought the school district could censor a message with which it disagreed. . No one seriously maintains that drug advocacy (much less Frederick’s ridiculous sign) comes within the vanishingly small category of speech that can be prohibited because of its feared consequences. In addition, plaintiff’s counsel appeared to agree with the Court’s suggestion at oral argument that Frederick “would not pursue” injunctive relief if he prevailed on the damages question. But even advocacy of violation, however reprehensible morally, is not a justification for denying free speech where the advocacy falls short of incitement and there is nothing to indicate that the advocacy would be immediately acted upon.” Yet today the Court fashions a test that trivializes the two cardinal principles upon which It is also perfectly clear that “promoting illegal drug use,” “Every denunciation of existing law tends in some measure to increase the probability that there will be violation of it. See
Such advocacy, to borrow from Justice Holmes, “ha[s] no chance of starting a present conflagration.” Our most recent student speech case, Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. The First Amendment states that “Congress shall make no law … abridging the freedom of speech.” As this Court has previously observed, the First Amendment was not originally understood to permit all sorts of speech; instead, “[t]here are certain well-defined and narrowly limited classes of speech, the prevention and punishment of which have never been thought to raise any Constitutional problem.” Experience shows that schools can be places of special danger. But I cannot find much guidance in today’s decision. Consequently, larger numbers of those disputes will likely make their way from the schoolhouse to the courthouse. [ What is a principal to do when a student unfurls a 14-foot banner (carrying an irrelevant or inappropriate message) during a school-related event in an effort to capture the attention of television cameras? There is one remaining objection to deciding this case on the basis of qualified immunity alone. A “qualified immunity” defense applies in respect to damages actions, but not to injunctive relief.
for Cert. … Teachers instilled these values not only by presenting ideas but also through strict discipline. Tr.
46–48. I also seriously question whether such a ban could really be enforced. What about deprecating commentary about an antidrug film shown in school? And finding that Morse was entitled to qualified immunity would leave only the question of injunctive relief. Parkerson 65 (noting that children were punished for idleness, talking, profanity, and slovenliness). During school hours, however, parents are not present to provide protection and guidance, and students’ movements and their ability to choose the persons with whom they spend time are severely restricted. School principals have a difficult job, and a vitally important one. Given the high probability that Frederick’s request for an injunction will not require a court to resolve the constitutional issue, see In a memorandum setting forth his reasons, the superintendent determined that Frederick had displayed his banner “in the midst of his fellow students, during school hours, at a school-sanctioned activity.”
First, the phrase could be interpreted as an imperative: “[Take] bong hits …”—a message equivalent, as Morse explained in her declaration, to “smoke marijuana” or “use an illegal drug.” Alternatively, the phrase could be viewed as celebrating drug use—“bong hits [are a good thing],” or “[we take] bong hits”—and we discern no meaningful distinction between celebrating illegal drug use in the midst of fellow students and outright advocacy or promotion. Illegal drugs, after all, are not the only illegal substances. Rather, he would have upheld the district’s rule only because the students never cast doubt on the district’s anti-disruption justification by proving that the rule was motivated “by other than legitimate school concerns—for example, a desire to prohibit the expression of an unpopular point of view while permitting expression of the dominant opinion.”
The principal confiscated the banner and later suspended the student. Second, some cases involved punishment for speech on weightier matters, for instance a speech criticizing school administrators for creating a fire hazard. The problem with this approach is the rather significant one that it is inadequate to decide the case before us. 549 U. S. ___ (2006).
Nothing? In December 1965, we were engaged in a controversial war, a war that “divided this country as few other issues ever have.” Justice Harlan dissented, but not because he thought the school district could censor a message with which it disagreed. . No one seriously maintains that drug advocacy (much less Frederick’s ridiculous sign) comes within the vanishingly small category of speech that can be prohibited because of its feared consequences. In addition, plaintiff’s counsel appeared to agree with the Court’s suggestion at oral argument that Frederick “would not pursue” injunctive relief if he prevailed on the damages question. But even advocacy of violation, however reprehensible morally, is not a justification for denying free speech where the advocacy falls short of incitement and there is nothing to indicate that the advocacy would be immediately acted upon.” Yet today the Court fashions a test that trivializes the two cardinal principles upon which It is also perfectly clear that “promoting illegal drug use,” “Every denunciation of existing law tends in some measure to increase the probability that there will be violation of it. See
Such advocacy, to borrow from Justice Holmes, “ha[s] no chance of starting a present conflagration.” Our most recent student speech case, Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. The First Amendment states that “Congress shall make no law … abridging the freedom of speech.” As this Court has previously observed, the First Amendment was not originally understood to permit all sorts of speech; instead, “[t]here are certain well-defined and narrowly limited classes of speech, the prevention and punishment of which have never been thought to raise any Constitutional problem.” Experience shows that schools can be places of special danger. But I cannot find much guidance in today’s decision. Consequently, larger numbers of those disputes will likely make their way from the schoolhouse to the courthouse. [ What is a principal to do when a student unfurls a 14-foot banner (carrying an irrelevant or inappropriate message) during a school-related event in an effort to capture the attention of television cameras? There is one remaining objection to deciding this case on the basis of qualified immunity alone. A “qualified immunity” defense applies in respect to damages actions, but not to injunctive relief.