Morse v. Frederick
No se ha podido añadir a la cesta
Error al eliminar la lista de deseos.
Se ha producido un error al añadirlo a la biblioteca
Se ha producido un error al seguir el podcast
Error al dejar de seguir el podcast
Escúchalo ahora gratis con tu suscripción a Audible
Morse v. Frederick
Compra ahora por 1,99 €
No se ha seleccionado ningún método de pago predeterminado.
We are sorry. We are not allowed to sell this product with the selected payment method
-
Narrado por:
-
uncredited
Acerca de este título
At a school-supervised event, Joseph Frederick held up a banner with the message "Bong Hits 4 Jesus", a slang reference to marijuana smoking. Principal Deborah Morse took away the banner and suspended Frederick for 10 days. She justified her actions by citing the school's policy against the display of material that promotes the use of illegal drugs. Frederick sued under 42 U.S.C. 1983, the federal civil rights statute, alleging a violation of his First Amendment right to freedom of speech. The District Court found no constitutional violation and ruled in favor of Morse. The court held that even if there were a violation, the principal had qualified immunity from lawsuit. The U.S. Court of Appeals for the Ninth Circuit reversed. The Ninth Circuit cited Tinker v. Des Moines Independent Community School District, which extended First Amendment protection to student speech except where the speech would cause a disturbance. Because Frederick was punished for his message rather than for any disturbance, the Circuit Court ruled, the punishment was unconstitutional. Furthermore, the principal had no qualified immunity, because any reasonable principal would have known that Morse's actions were unlawful.
Public Domain (P)2014 Oyez, Inc
