Constitutional Law Question
A student unfurls a banner at a school-supervised basketball game at his high school. The banner reads, “Smoking Dope with the Pope.” The school’s principal, upon seeing the banner, asks the student to remove it. The student refuses, and the principal takes the banner from the student and imposes a 10-day suspension for violating a school policy that forbids any student from advocating illegal drug use. Subsequently, a lawsuit is filed on behalf of the student claiming that the student’s conduct was constitutionally protected speech, and therefore, his rights were violated by the principal’s actions.
Which of the following provides the best basis for a finding that no constitutional violation of the student’s rights occurred?
(A) The banner can reasonably be regarded as encouraging illegal drug use.
(B) The banner was oversized and not well-crafted.
(C) The school had no important interest justified by the removal of the banner.
(D) The school policy had been reviewed by a lawyer prior to its implementation.
Scroll Down for Answer and Explanation
The correct answer is A. This question is loosely based on Morse v. Frederick, in which the Supreme Court held that no First Amendment violation occurred when Alaska public school officials confiscated a pro-drug banner stating “Bong Hits 4 Jesus” and suspended the student responsible for it being displayed in public during an event supervised by the school. The Court stated that the state possesses an “important—indeed, perhaps compelling interest” in preventing illegal drug use by students. In this case, the Court stated that:<.p>
“[S]tudents do not shed their constitutional rights to freedom of speech or expression at the schoolhouse gate. [T]he constitutional rights of students in public schools are not automatically coextensive with the rights of adults in other settings. . . [T]he rights of students must be applied in light of the special characteristics of the school environment. [S]chools may take steps to safeguard those entrusted to their care from speech that can reasonably be regarded as encouraging illegal drug use.”
Morse v. Frederick, 551 U.S. 393 (2007) (internal citations omitted).
Consequently, choice A is correct.
B is incorrect because the size and quality of craftsmanship of the banner is not at issue.
C is incorrect because if the school had no important interest to justify removing the banner, such a circumstance would tend to show that the student’s rights were violated.
D is incorrect because it is not the best choice. The fact that a lawyer reviewed the school’s policy does not necessarily indicate that the policy is constitutional.
Constitutional Law § IV F(2)(j)(2) Individual Rights: First Amendment Freedoms: Freedom of Expression and Association: Public Schools: Public Display by Student