35 Hastings Const. L.Q. 835 (2007-2008)
Morse v. Frederick and the Regulation of Student Cyberspeech

handle is hein.journals/hascq35 and id is 855 raw text is: Morse v. Frederick and the Regulation of
Student Cyberspeech
by BRANNON P. DENNING* AND MOLLY C. TAYLOR**
I. Introduction
In 2002, before the start of that year's winter Olympics, Deborah
Morse, the principal of Juneau-Douglas High School, decided to
release students from school to watch the Olympic Torch Relay as it
passed the school on its way to Salt Lake City.1 Joseph Frederick, a
senior at the high school, showed up late, but met his friends across
the street from the school. When the torch passed, in full view of
students on the other side of the street as well as camera crews, he
unfurled a fourteen-foot banner that read, BONG HiTS 4 JESUS.2
Principal Morse saw the banner, too. She crossed the street and
ordered   him   to  take it down.      When    Frederick   refused, she
confiscated the banner and later suspended him for ten days for
violating a school board policy prohibiting any assembly or public
expression that... advocates the use of substances that are illegal to
minors....'
After the school superintendent upheld a reduced suspension on
appeal, Frederick sued. Frederick lost in the district court, which
. Professor and Director of Faculty Development, Cumberland School of Law, Samford
University. B.A., The University of the South, 1992; J.D., The University of Tennessee,
1995; LL.M., Yale University, 1999. I want to thank my 2005 Constitutional Law II class
for making me see that there was much more to the student speech cases than I had
imagined.
 A.B., The University of Virginia, 2000; J.D., Cumberland School of Law, Samford
University (expected 2008). The authors thank faculty workshop participants at the
Willamette University College of Law, at the University of Tennessee College of Law, and
at the Cumberland School of Law, for questions, comments, and suggestions that
improved the final product.
1. Morse v. Frederick, 127 S. Ct. 2618, 2622 (2007).
2. Id.
3. Id. at 2623.

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