5th Circuit extends limits on student speech

LordFu · 11-28-2007

Quote:

When the U.S. Supreme Court in June decided Morse v. Frederick, reasons existed for believing the ruling would not significantly restrict the rights of student speakers.

The decision upholding the right of a school administrator to punish a student who displayed a “Bong Hits 4 Jesus” banner, after all, featured a 5-4 vote and splintered opinions that hardly provided a mandate for suppressing student speech. Moreover, Justice Samuel Alito — who wrote the concurrence creating the majority — took pains to limit the precedent to speech advocating drug use and other illegal activities. In addition, most of the justices expressly supported the Court’s 1969 decision in Tinker v. Des Moines Independent Community School Dist. upholding students’ right to engage in expressive activity that did not substantially disrupt school activities.

Just five months later, however, hopes that Morse would be interpreted narrowly have been dashed — at least in Texas, Louisiana and Mississippi. On Nov. 20, the 5th U.S. Circuit Court of Appeals, which has jurisdiction in these states, extended Morse to allow school administrators to apply zero-tolerance rules to threats of violence and potentially other subjects of student speech.

firstamendmentcenter.org: commentary

How they can conclude that free speech is punishable by any government institution after reading the first amendment is beyond me.