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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. [8351

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