Drug Policy Opinion: Page 31

Home
Court Opinions
Topics & Themes
  Asset Forfeitures
  Conspiracy
  ›› Drug Policy Opinion
  Drugs: Types, Dosages, Effects
  First Amendment
  Justiciability
  Medicinal Marijuana
  Policy Considerations
  Proportionality
  Reasonable Expectation of Privacy
  Searches and Seizures
     Airports
     Borders
     Consent
     Drug Testing
     Dwellings
     Exclusionary Rule
     Grounds for a Search
     Informants
     Mail
     Nuances of Detention
     Personal Items
     Private Action
     Roads and Vehicles
     Tools and Augmentation
     Warrants
  Sentencing and Penalties
Authors
Trivia

Drug Policy Opinion

Statements found in Court opinions regarding illicit substances. Public policy considerations, individual predilections of the Justice writing the opinion, the objective and subjective views on the the drugs, the drug use and the drug war... All of these can be found in this section.

Pages: ‹1› ‹2› ‹3› ‹4› ‹5› ‹6› ‹7› ‹8› ‹9› ‹10› ‹11› ‹12› ‹13› ‹14› ‹15› ‹16› ‹17› ‹18› ‹19› ‹20› ‹21› ‹22› ‹23› ‹24› ‹25› ‹26› ‹27› ‹28› ‹29› ‹30› ‹31› ‹32› ‹33› ‹34›

Morse v. Frederick (2007)
Opinion by: ROBERTS

Student speech celebrating illegal drug use at a school event, in the presence of school administrators and teachers, thus poses a particular challenge for school officials working to protect those entrusted to their care from the dangers of drug abuse.

[...]

Morse v. Frederick (2007)
Opinion by: ROBERTS

Tinker warned that schools may not prohibit student speech because of "undifferentiated fear or apprehension of disturbance" or "a mere desire to avoid the discomfort and unpleasantness that always accompany an unpopular viewpoint." [...] The danger here is far more serious and palpable. The particular concern to prevent student drug abuse at issue here, embodied in established school policy [...] extends well beyond an abstract desire to avoid controversy.

[...]

Morse v. Frederick (2007)
Opinion by: ROBERTS

The concern here is not that Frederick's speech was offensive, but that it was reasonably viewed as promoting illegal drug use.

[...]

Morse v. Frederick (2007)
Opinion by: ROBERTS

School principals have a difficult job, and a vitally important one. When Frederick suddenly and unexpectedly unfurled his banner, Morse had to decide to act -- or not act -- on the spot. It was reasonable for her to conclude that the banner promoted illegal drug use -- in violation of established school policy -- and that failing to act would send a powerful message to the students in her charge, including Frederick, about how serious the school was about the dangers of illegal drug use. The First Amendment does not require schools to tolerate at school events student expression that contributes to those dangers.

[...]

Morse v. Frederick (2007)
JUSTICE ALITO, with whom JUSTICE KENNEDY joins, concurring:

I join the opinion of the Court on the understanding that (a) it goes no further than to hold that a public school may restrict speech that a reasonable observer would interpret as advocating illegal drug use and (b) it provides no support for any restriction of speech that can plausibly be interpreted as commenting on any political or social issue, including speech on issues such as "the wisdom of the war on drugs or of legalizing marijuana for medicinal use."

[...]