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Free Speech and School Conduct:
A Right or a Disruption?

Morse v. Frederick, 551 U.S. __, 127 S. Ct. 2618 (2007)
School authorities do not violate the First Amendment when they stop students from expressing views that may be interpreted as promoting illegal drug use.

Facts and Case Summary Background
Talking Points Discussion Questions

Background

How would you sort out the following questions in a legal setting? Should students be entitled to the same rights as adults while attending school-supervised events? Are there differences between limiting First Amendment rights versus other rights, e.g. Fourth Amendment search and seizure protections? What type of speech does the First Amendment protect? Should “nonsensical” speech be protected? Students who participate in this exercise will experience the tools and processes for critically thinking through some of the First Amendment conflicts that are important lessons they grapple with at school.

 

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