Stevens, J., filed a dissenting opinion, in which Souter and Ginsburg, JJ., joined.DEBORAH MORSE, et al., PETITIONERS on writ of certiorari to the united states court of appeals for the ninth circuit   Chief Justice Roberts delivered the opinion of the Court. School attendance can expose students to threats to their physical safety that they would not otherwise face. to Pet. Political speech often is protected in public schools, but the school has an important objective in discouraging drug use, so pro-drug messages are not covered by the First Amendment.

.    The question thus becomes whether a principal may, consistent with the First Amendment, restrict student speech at a school event, when that speech is reasonably viewed as promoting illegal drug use. And the idea of treating children as though it were still the 19th century would find little support today. Given [Frederick’s] inability or unwillingness to express any other credible meaning for the phrase, I can only agree with the principal and countless others who saw the banner as advocating the use of illegal drugs. Thomas, J., filed a concurring opinion. Those principles do not permit treating “drug use” separately without a satisfying explanation of why drug use is Cf. . Expressions of approval add to the probability. Juneau School Board Policy No. Moreover, it is unclear how far the Court’s rule regarding drug advocacy extends.

   The Ninth Circuit thought it “clear” that these cases did not permit Morse’s actions. is protected, … the remainder of his behavior was not excused.”    The superintendent continued:“The common-sense understanding of the phrase ‘bong hits’ is that it is a reference to a means of smoking marijuana. The relative ease with which we could decide this case on the qualified immunity ground, and thereby avoid deciding a far more difficult constitutional question, underscores the need to lift the rigid “order of battle” decisionmaking requirement that this Court imposed upon lower courts in Experience shows that schools can be places of special danger. Under the circumstances, the court held that “Morse had the authority, if not the obligation, to stop such messages at a school-sanctioned activity.” Dissenting Opinion Dissenting Opinion: Frederick's punishment was not justified because of how the sign is interpreted.    On January 24, 2002, the Olympic Torch Relay passed through Juneau, Alaska, on its way to the winter games in Salt Lake City, Utah. The superintendent wrote that “were” he to “concede” that Frederick’s “speech . Yet no one wishes to substitute courts for school boards, or to turn the judge’s chambers into the principal’s office. 23–28. of Oral Arg.    I join the Court’s opinion because it erodes  Although the First Amendment did not apply to the States until at least the ratification of the Fourteenth Amendment, most state constitutions included free-speech guarantees during the period when public education expanded. Viewpoint discrimination is thus an egregious form of content discrimination. I therefore conclude that the public schools may ban speech advocating illegal drug use. “The Board will not permit the conduct on school premises of any willful activity … that interferes with the orderly operation of the educational program or offends the rights of others. 53a; see also Second, some cases involved punishment for speech on weightier matters, for instance a speech criticizing school administrators for creating a fire hazard. . A significant fact barely mentioned by the Court sheds a revelatory light on the motives of both the students and the principal of Juneau-Douglas High School (JDHS). [ Resolving the First Amendment question presented in this case is, in my view, unwise and unnecessary. See Our First Amendment jurisprudence has identified some categories of expression that are less deserving of protection than others—fighting words, obscenity, and commercial speech, to name a few. 65a. to Pet.

See Kaestle & Vinovskis, From Apron Strings to ABCs: Parents, Children, and Schooling in Nineteenth-Century Massachusetts, 84 Am.

The plaintiff in this case has sought not only damages; he has also sought an injunction requiring the school district to expunge his suspension from its records. The superintendent wrote that “were” he to “concede” that Frederick’s “speech . advocates the use of substances that are illegal to minors … .” App. 36a–38a. the nature of those rights is what is appropriate for children in school.” As we have recognized in the past and as the opinion of the Court today details, illegal drug use presents a grave and in many ways unique threat to the physical safety of students. Those principles do not permit treating “drug use” separately without a satisfying explanation of why drug use is Although the dissent avoids some of the majority’s pitfalls, I fear that, if adopted as law, it would risk significant interference with reasonable school efforts to maintain discipline. Second, punishing someone for advocating illegal conduct is constitutional only when the advocacy is likely to provoke the harm that the government seeks to avoid. The Ninth Circuit held that the principal’s actions violated the First Amendment, and that the student could sue the principal for damages. When he arrived, he joined his friends (all but one of whom were JDHS students) across the street from the school to watch the event.

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