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Morse et. al. v Frederick: An Analysis

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Essay / Research Paper Abstract

A 3 page review of this important Supreme Court case. This paper analyzes the case in comparison to past case law and suggests additional arguments as to why the findings of the Supreme Court were in fact just. Bibliography lists 3 sources.

Page Count:

3 pages (~225 words per page)

File: AM2_PPlwMorseFrederick.rtf

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Unformatted sample text from the term paper:

at a school school-sanctioned and school-supervised event. Because the message on the banner was considered inappropriate, the principal of the high school asked the student to remove it. When they refused, the principal confiscated the banner and subsequently suspended the student. The student claimed his First Amendment rights to free speech was violated. As will be detailed below, this case was argued all of the way to the Supreme Court which ultimately ruled that the principal was in the right and that their was no violation of the students right to free speech in this particular context. The findings in this case remain controversial, however. This paper will attempt to strengthen the basis for those findings. The school superintendent and the school board agreed with the suspension because the sign was interpreted to promote illegal drug use, a practice that was obviously in direct violation of school policy. The student, however, filed suit in District Court under 42 U. S. C. ?1983 claiming that his First Amendment right to free speech had been violated. The District Court ruled that the students First Amendment rights had not been violated but the Ninth Circuit Court reversed that decision. Although that reversal accepted the argument that the event in question was a school authorized event and that the banner did, in fact, "express a positive sentiment about marijuana use"; the Court ruled that the students First Amendment rights were violated. The Ninth Circuit Courts reasoning in this reversal was based on the landmark case of Tinker v. Des Moines Independent Community School Dist., 393 U. S. 503, a case involving students rights to wear black armbands ...

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