Uncertain Rights: Student Speech and Conflicting Interpretations of Morse V. Frederick

Abstract

In Morse v. Frederick, the U.S. Supreme Court ruled that public schools can prohibit speech “that can reasonably be regarded as encouraging illegal drug use.” This article studies lower federal court opinions that have interpreted the Supreme Court's ruling. Analysis shows that although several lower courts have explicitly limited Morse's reach to speech advocating illegal drug use, other lower courts have applied Morse's rationale to prohibit speech in situations beyond the circumstances of that case. If interpreted broadly, Morse risks severely damaging students' ever-shrinking First Amendment rights.