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In Morse v. Frederick, the U.S. Supreme Court determined that a school could lawfully discipline students for advocating drug use in contravention of written school policy without violating the First Amendment. The decision creates another exception to student free speech protections spelled out in the Tinker v. Des Moines (armbands-to-protest-the-Vietnam-war) case.

The Court upheld the principalís 10 day suspension of a student for raising a 14-foot long banner saying ìBong Hits 4 Jesusî during a school-sanctioned, off campus event in connection with the passing of the Olympic torch through Juneau, Alaska. As the torch passed by, students raised the banner; the student refused to lower it when told to do so.

The Court ruled that the justification for curtailing speech that was required in the Tinker case ña showing of substantial disruption to the school ñ was not an absolute rule. The Court distinguished speech promoting illegal drug use from speech expressing political view points, and emphasized that studentsí constitutional rights at school are not ìcoextensiveî with constitutional rights of adults (or even students) in other settings.

The Court also discussed the seriousness of todayís drug problem, and the fact that federal laws, including the Safe and Drug-Free Schools and Community Act, rely on schools to help to reduce that problem. In a concurring opinion, Justice Thomas argued that the Court should go even further, and find that students are not protected by the First Amendment at school. Relying on the historic role of public schools, he argued that, in effect, the in loco parentis theory should be applied in full, and that schools should have the same leeway as parents in controlling studentsí speech.

The full text of the decision is available at www.supremecourtus.gov/opinions/06pdf-278.pdf.