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Morse v. Frederick
・ Morse's Greatest Mystery
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Morse v. Frederick : ウィキペディア英語版
Morse v. Frederick

''Morse v. Frederick'', , was a United States Supreme Court case in which the Court held, 5–4, that the First Amendment does not prevent educators from suppressing, at a school-supervised event, student speech that is reasonably viewed as promoting illegal drug use.〔''Morse v. Frederick'', No. 06-278, (slip. op. ) at 8 (U.S. June 25, 2007).〕
In 2002, Juneau-Douglas High School principal Deborah Morse suspended Joseph Frederick after he displayed a banner reading "BONG 4 JESUS" across the street from the school during the 2002 Olympic Torch Relay. Frederick sued, claiming his constitutional rights to free speech were violated. His suit was dismissed by the federal district court, but on appeal, the Ninth Circuit reversed, concluding that Frederick's speech rights were violated.
Chief Justice Roberts, writing for the majority, concluded that the school officials did not violate the First Amendment. To do so, he made three legal determinations: first, that "school speech" doctrine should apply because Frederick's speech occurred "at a school event"; second, that the speech was "reasonably viewed as promoting illegal drug use"; and third, that a principal may legally restrict that speech—based on the three existing First Amendment school speech precedents, other Constitutional jurisprudence relating to schools, and a school's "important—indeed, perhaps compelling interest" in deterring drug use by students.
One scholar noted that "by its plain language, Morse's holding is narrow in that it expressly applies only to student speech promoting illegal drug use".〔 She adds, however, that courts could nonetheless apply it to other student speech that, like speech encouraging illegal drug use, similarly undermines schools' educational missions or threatens students' safety. "Further, Morse arguably permits viewpoint discrimination of purely political speech whenever that speech mentions illegal drugs—a result seemingly at odds with the First Amendment".〔
==Background and procedural history==


On January 23, 2002, students and staff at Juneau-Douglas High School in Alaska were permitted to leave classes to watch the Olympic Torch pass by. Joseph Frederick, who was late for school that day, joined some friends on the sidewalk across from the high school, off school grounds.〔''Morse v. Frederick'', slip op. at 2.〕 Frederick and his friends waited for the television cameras so they could unfurl a banner reading "BONG HiTS 4 JESUS". Frederick was quoted as saying he'd first seen the phrase on a snowboard sticker. When they displayed the banner, then-principal Deborah Morse ran across the street and seized it.
Morse initially suspended Frederick for five days for violating the school district's anti-drug policy, but later increased the suspension to ten days after Frederick quoted Thomas Jefferson. Frederick administratively appealed his suspension to the superintendent, who denied his appeal but limited it to the time Frederick had already spent out of school prior to his appeal to the superintendent (eight days). Frederick then appealed to the Juneau School Board, which upheld the suspension on March 19, 2002.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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