[DOWNLOAD] "Morse V. Frederick: A Dubious Decision Shows a Need for Judicial Restraint by the Supreme Court." by South Dakota Law Review # Book PDF Kindle ePub Free
eBook details
- Title: Morse V. Frederick: A Dubious Decision Shows a Need for Judicial Restraint by the Supreme Court.
- Author : South Dakota Law Review
- Release Date : January 22, 2008
- Genre: Education,Books,Professional & Technical,
- Pages : * pages
- Size : 331 KB
Description
In the midst of an increasingly unpopular Vietnam War, the United States Supreme Court handed down its most famous student speech decision, declaring students do not shed their rights at the schoolhouse gate. Although the Supreme Court has never overturned this standard, future decisions have muddled this precedent. The Court's decision in Morse v. Frederick was no exception. In holding that school officials may constitutionally restrict student speech that can be reasonably interpreted as advocating illegal drug use, the Court employed an unclear mode of analysis in delivering a fractured opinion. Additionally, while the Court split on the First Amendment question, further complicating the precedent on the issue, it could have decided the case simply on the doctrine of qualified immunity, which would have left a unanimous decision and demonstrated showing the Court's commitment to judicial restraint. I. INTRODUCTION