morse
et
al
frederick
argued
march
decided
june
event
petitioner
morse
high
school
principal
saw
students
unfurl
banner
stating
bong
hits
jesus
regarded
promoting
illegal
drug
use
consistent
established
school
policy
prohibiting
messages
school
events
morse
directed
students
take
banner
one
students
brought
banner
event
respondent
frederick
refused
morse
confiscated
banner
later
suspended
school
superintendent
upheld
suspension
explaining
inter
alia
frederick
disciplined
banner
appeared
advocate
illegal
drug
use
violation
school
policy
petitioner
school
board
also
upheld
suspension
frederick
filed
suit
alleging
school
board
morse
violated
first
amendment
rights
district
granted
petitioners
summary
judgment
ruling
entitled
qualified
immunity
infringed
frederick
speech
rights
ninth
circuit
reversed
accepting
frederick
acted
activity
banner
expressed
positive
sentiment
marijuana
use
nonetheless
found
first
amendment
violation
school
punished
frederick
without
demonstrating
speech
threatened
substantial
disruption
also
concluded
morse
entitled
qualified
immunity
frederick
right
display
banner
clearly
established
reasonable
principal
morse
position
understood
actions
unconstitutional
held
schools
may
take
steps
safeguard
entrusted
care
speech
reasonably
regarded
encouraging
illegal
drug
use
school
officials
case
violate
first
amendment
confiscating
banner
suspending
frederick
pp
frederick
argument
school
speech
case
rejected
event
question
occurred
normal
school
hours
sanctioned
morse
approved
social
event
district
rules
expressly
applied
teachers
administrators
among
students
charged
supervising
frederick
stood
among
students
across
street
school
directed
banner
toward
school
making
plainly
visible
students
circumstances
frederick
claim
school
pp
agrees
morse
viewed
banner
interpret
advocating
promoting
illegal
drug
use
violation
school
policy
least
two
interpretations
banner
words
constitute
imperative
encouraging
viewers
smoke
marijuana
alternatively
celebrate
drug
use
demonstrate
sign
promoted
use
interpretation
gains
plausibility
paucity
alternative
meanings
banner
might
bear
pp
principal
may
consistent
first
amendment
restrict
student
speech
school
event
speech
reasonably
viewed
promoting
illegal
drug
use
tinker
des
moines
independent
community
school
declared
holding
policy
prohibiting
high
school
students
wearing
antiwar
armbands
violated
first
amendment
student
expression
may
suppressed
unless
school
officials
reasonably
conclude
materially
substantially
disrupt
work
discipline
school
bethel
school
dist
fraser
however
upheld
suspension
student
delivered
high
school
assembly
speech
employing
elaborate
graphic
explicit
sexual
metaphor
analyzing
case
tinker
lower
courts
found
disruption
therefore
basis
discipline
reversed
holding
school
within
permissible
authority
imposing
sanctions
response
student
offensively
lewd
indecent
speech
two
basic
principles
may
distilled
fraser
first
demonstrates
constitutional
rights
students
public
school
automatically
coextensive
rights
adults
settings
fraser
delivered
speech
public
forum
outside
school
context
protected
see
school
however
first
amendment
rights
circumscribed
light
special
characteristics
school
environment
tinker
supra
second
fraser
established
tinker
mode
analysis
absolute
since
fraser
conduct
substantial
disruption
analysis
subsequently
held
fourth
amendment
context
children
assuredly
constitutional
rights
schoolhouse
gate
nature
rights
appropriate
children
school
vernonia
school
dist
acton
recognized
deterring
drug
use
schoolchildren
important
indeed
perhaps
compelling
interest
drug
abuse
nation
youth
serious
problem
example
congress
declared
part
school
job
educating
students
dangers
drug
abuse
see
safe
schools
communities
act
petitioners
many
schools
adopted
policies
aimed
implementing
message
student
speech
celebrating
illegal
drug
use
school
event
presence
school
administrators
teachers
poses
particular
challenge
school
officials
working
protect
entrusted
care
special
characteristics
school
environment
tinker
governmental
interest
stopping
student
drug
abuse
allow
schools
restrict
student
expression
reasonably
regard
promoting
abuse
distinguished
pp
reversed
remanded
roberts
delivered
opinion
scalia
kennedy
thomas
alito
joined
thomas
filed
concurring
opinion
alito
filed
concurring
opinion
kennedy
joined
breyer
filed
opinion
concurring
judgment
part
dissenting
part
stevens
filed
dissenting
opinion
souter
ginsburg
joined
deborah
morse
et
petitioners
joseph
frederick
writ
certiorari
appeals
ninth
circuit
june
chief
justice
roberts
delivered
opinion
event
high
school
principal
saw
students
unfurl
large
banner
conveying
message
reasonably
regarded
promoting
illegal
drug
use
consistent
established
school
policy
prohibiting
messages
school
events
principal
directed
students
take
banner
one
student
among
brought
banner
event
refused
principal
confiscated
banner
later
suspended
student
ninth
circuit
held
principal
actions
violated
first
amendment
student
sue
principal
damages
cases
make
clear
students
shed
constitutional
rights
freedom
speech
expression
schoolhouse
gate
tinker
des
moines
independent
community
school
time
held
constitutional
rights
students
public
school
automatically
coextensive
rights
adults
settings
bethel
school
dist
fraser
rights
students
must
light
special
characteristics
school
environment
hazelwood
school
dist
kuhlmeier
quoting
tinker
supra
consistent
principles
hold
schools
may
take
steps
safeguard
entrusted
care
speech
reasonably
regarded
encouraging
illegal
drug
use
conclude
school
officials
case
violate
first
amendment
confiscating
banner
suspending
student
responsible
january
olympic
torch
relay
passed
juneau
alaska
way
winter
games
salt
lake
city
utah
torchbearers
proceed
along
street
front
high
school
jdhs
school
session
petitioner
deborah
morse
school
principal
decided
permit
staff
students
participate
torch
relay
approved
social
event
class
trip
app
students
allowed
leave
class
observe
relay
either
side
street
teachers
administrative
officials
monitored
students
actions
respondent
joseph
frederick
jdhs
senior
late
school
day
arrived
joined
friends
one
jdhs
students
across
street
school
watch
event
students
waited
patiently
became
rambunctious
throwing
plastic
cola
bottles
snowballs
scuffling
classmates
torchbearers
camera
crews
passed
frederick
friends
unfurled
banner
bearing
phrase
bong
hits
jesus
app
pet
cert
large
banner
easily
readable
students
side
street
principal
morse
immediately
crossed
street
demanded
banner
taken
everyone
frederick
complied
morse
confiscated
banner
told
frederick
report
office
suspended
days
morse
later
explained
told
frederick
take
banner
thought
encouraged
illegal
drug
use
violation
established
school
policy
juneau
school
board
policy
board
specifically
prohibits
assembly
public
expression
advocates
use
substances
illegal
minors
addition
juneau
school
board
policy
subjects
upils
participate
approved
social
events
class
trips
student
conduct
rules
apply
regular
school
program
frederick
administratively
appealed
suspension
juneau
school
district
superintendent
upheld
limiting
time
served
days
memorandum
setting
forth
reasons
superintendent
determined
frederick
displayed
banner
midst
fellow
students
school
hours
activity
explained
frederick
disciplined
principal
school
message
speech
appeared
advocate
use
illegal
drugs
superintendent
continued
understanding
phrase
hits
reference
means
smoking
marijuana
given
frederick
inability
unwillingness
express
credible
meaning
phrase
agree
principal
countless
others
saw
banner
advocating
use
illegal
drugs
frederick
speech
political
advocating
legalization
marijuana
promoting
religious
belief
displaying
fairly
silly
message
promoting
illegal
drug
usage
midst
school
activity
benefit
television
cameras
covering
torch
relay
frederick
speech
potentially
disruptive
event
clearly
disruptive
inconsistent
school
educational
mission
educate
students
dangers
illegal
drugs
discourage
use
relying
decision
fraser
supra
superintendent
concluded
principal
actions
permissible
frederick
banner
speech
action
intrudes
upon
work
schools
app
pet
cert
internal
quotation
marks
omitted
juneau
school
district
board
education
upheld
suspension
frederick
filed
suit
alleging
school
board
morse
violated
first
amendment
rights
sought
declaratory
injunctive
relief
unspecified
compensatory
damages
punitive
damages
attorney
fees
district
granted
summary
judgment
school
board
morse
ruling
entitled
qualified
immunity
infringed
frederick
first
amendment
rights
found
morse
reasonably
interpreted
banner
promoting
illegal
drug
use
message
directly
contravened
board
policies
relating
drug
abuse
prevention
app
pet
cert
circumstances
held
morse
authority
obligation
stop
messages
activity
ninth
circuit
reversed
deciding
frederick
acted
activit
proceed
ing
basis
banner
expressed
positive
sentiment
marijuana
use
nonetheless
found
violation
frederick
first
amendment
rights
school
punished
frederick
without
demonstrating
speech
gave
rise
risk
substantial
disruption
concluded
frederick
right
display
banner
clearly
established
reasonable
principal
morse
position
understood
actions
unconstitutional
morse
therefore
entitled
qualified
immunity
granted
certiorari
two
questions
whether
frederick
first
amendment
right
wield
banner
whether
right
clearly
established
principal
may
held
liable
damages
resolve
first
question
frederick
therefore
occasion
reach
ii
outset
reject
frederick
argument
school
speech
case
every
authority
address
question
see
app
principal
morse
app
pet
cert
superintendent
school
board
district
ninth
circuit
event
occurred
normal
school
hours
sanctioned
principal
morse
approved
social
event
class
trip
app
school
district
rules
expressly
provide
pupils
approved
social
events
class
trips
subject
district
rules
student
conduct
app
pet
cert
teachers
administrators
interspersed
among
students
charged
supervising
high
school
band
cheerleaders
performed
frederick
standing
among
jdhs
students
across
street
school
directed
banner
toward
school
making
plainly
visible
students
circumstances
agree
superintendent
frederick
stand
midst
fellow
students
school
hours
activity
claim
school
uncertainty
outer
boundaries
courts
apply
precedents
see
porter
ascension
parish
school
facts
iii
message
frederick
banner
cryptic
doubt
offensive
perhaps
amusing
others
still
others
probably
means
nothing
frederick
claimed
words
nonsense
meant
attract
television
cameras
principal
morse
thought
banner
interpreted
viewing
promoting
illegal
drug
use
interpretation
plainly
reasonable
one
morse
later
explained
declaration
saw
sign
thought
reference
hit
widely
understood
high
school
students
others
referring
smoking
marijuana
app
believed
display
banner
construed
students
district
personnel
parents
others
witnessing
display
banner
advocating
promoting
illegal
drug
use
violation
school
policy
see
ibid
told
frederick
members
group
put
banner
felt
violated
school
policy
displaying
material
advertises
promotes
use
illegal
drugs
agree
morse
least
two
interpretations
words
banner
demonstrate
sign
advocated
use
illegal
drugs
first
phrase
interpreted
imperative
take
bong
hits
message
equivalent
morse
explained
declaration
smoke
marijuana
use
illegal
drug
alternatively
phrase
viewed
celebrating
drug
use
bong
hits
good
thing
take
bong
hits
discern
meaningful
distinction
celebrating
illegal
drug
use
midst
fellow
students
outright
advocacy
promotion
see
guiles
marineau
discussing
present
case
describing
sign
clearly
banner
interpretation
banner
gains
plausibility
given
paucity
alternative
meanings
banner
might
bear
best
frederick
come
banner
meaningless
funny
dissent
similarly
refers
sign
message
curious
post
ambiguous
nonsense
post
ridiculous
post
obscure
post
silly
post
quixotic
post
stupid
ibid
gibberish
surely
possible
interpretation
words
banner
one
dismissing
banner
meaningless
ignores
undeniable
reference
illegal
drugs
dissent
mentions
frederick
credible
uncontradicted
explanation
message
wanted
get
television
post
description
frederick
motive
displaying
banner
interpretation
banner
says
way
frederick
going
fulfill
ambition
appearing
television
unfurling
banner
school
event
presence
teachers
fellow
students
elsewhere
opinion
dissent
emphasizes
importance
political
speech
need
foster
national
debate
serious
issue
post
suggest
banner
political
speech
even
frederick
argues
banner
conveys
sort
political
religious
message
contrary
dissent
suggestion
see
post
plainly
case
political
debate
criminalization
drug
use
possession
iv
question
thus
becomes
whether
principal
may
consistent
first
amendment
restrict
student
speech
school
event
speech
reasonably
viewed
promoting
illegal
drug
use
hold
may
tinker
made
clear
first
amendment
rights
applied
light
special
characteristics
school
environment
available
teachers
students
tinker
involved
group
high
school
students
decided
wear
black
armbands
protest
vietnam
war
school
officials
learned
plan
adopted
policy
prohibiting
students
wearing
armbands
several
students
nonetheless
wore
armbands
school
suspended
students
sued
claiming
first
amendment
rights
violated
agreed
tinker
held
student
expression
may
suppressed
unless
school
officials
reasonably
conclude
materially
substantially
disrupt
work
discipline
school
essential
facts
tinker
quite
stark
implicating
concerns
heart
first
amendment
students
sought
engage
political
speech
using
armbands
express
disapproval
vietnam
hostilities
advocacy
truce
make
views
known
example
influence
others
adopt
political
speech
course
core
first
amendment
designed
protect
virginia
black
interest
discerned
underlying
school
actions
mere
desire
avoid
discomfort
unpleasantness
always
accompany
unpopular
viewpoint
urgent
wish
avoid
controversy
might
result
expression
tinker
interest
enough
justify
banning
silent
passive
expression
opinion
unaccompanied
disorder
disturbance
next
student
speech
case
fraser
matthew
fraser
suspended
delivering
speech
high
school
assembly
employed
called
elaborate
graphic
explicit
sexual
metaphor
analyzing
case
tinker
district
appeals
found
disruption
therefore
basis
disciplining
fraser
reversed
holding
school
district
acted
entirely
within
permissible
authority
imposing
sanctions
upon
fraser
response
offensively
lewd
indecent
speech
mode
analysis
employed
fraser
entirely
clear
plainly
attuned
content
fraser
speech
citing
marked
distinction
political
armbands
tinker
sexual
content
fraser
speech
also
reasoned
school
boards
authority
determine
manner
speech
classroom
school
assembly
inappropriate
cf
brennan
concurring
judgment
present
case
school
officials
sought
ensure
high
school
assembly
proceed
orderly
manner
suggestion
school
officials
attempted
regulate
fraser
speech
disagreed
views
sought
express
need
resolve
debate
decide
case
present
purposes
enough
distill
fraser
two
basic
principles
first
fraser
holding
demonstrates
constitutional
rights
students
public
school
automatically
coextensive
rights
adults
settings
fraser
delivered
speech
public
forum
outside
school
context
protected
see
cohen
california
fraser
supra
school
however
fraser
first
amendment
rights
circumscribed
light
special
characteristics
school
environment
tinker
supra
second
fraser
established
mode
analysis
set
forth
tinker
absolute
whatever
approach
fraser
employed
certainly
conduct
substantial
disruption
analysis
prescribed
tinker
supra
see
kuhlmeier
disagreeing
proposition
difference
first
amendment
analysis
applied
tinker
applied
fraser
noting
holding
fraser
based
showing
substantial
disruption
recent
student
speech
case
kuhlmeier
concerned
expressive
activities
students
parents
members
public
might
reasonably
perceive
bear
imprimatur
school
staff
members
high
school
newspaper
sued
school
chose
publish
two
articles
appeals
analyzed
case
tinker
ruling
favor
students
found
evidence
material
disruption
classwork
school
discipline
reversed
holding
educators
offend
first
amendment
exercising
editorial
control
style
content
student
speech
expressive
activities
long
actions
reasonably
related
legitimate
pedagogical
concerns
kuhlmeier
supra
kuhlmeier
control
case
one
reasonably
believe
frederick
banner
bore
school
imprimatur
case
nevertheless
instructive
confirms
principles
cited
kuhlmeier
acknowledged
schools
may
regulate
speech
even
though
government
censor
similar
speech
outside
school
like
fraser
confirms
rule
tinker
basis
restricting
student
drawing
principles
applied
student
speech
cases
held
fourth
amendment
context
children
assuredly
constitutional
rights
schoolhouse
gate
nature
rights
appropriate
children
school
vernonia
school
dist
acton
quoting
tinker
supra
particular
school
setting
requires
easing
restrictions
searches
public
authorities
ordinarily
subject
new
jersey
see
vernonia
supra
fourth
amendment
rights
less
first
fourteenth
amendment
rights
different
public
schools
elsewhere
board
ed
independent
school
dist
pottawatomie
cty
earls
needs
inhere
public
school
context
hile
schoolchildren
shed
constitutional
rights
enter
schoolhouse
fourth
amendment
rights
different
public
schools
elsewhere
inquiry
disregard
schools
custodial
tutelary
responsibility
children
quoting
vernonia
citation
internal
quotation
marks
omitted
even
point
cases
also
recognize
deterring
drug
use
schoolchildren
important
indeed
perhaps
compelling
interest
drug
abuse
cause
severe
permanent
damage
health
young
people
school
years
time
physical
psychological
addictive
effects
drugs
severe
maturing
nervous
systems
critically
impaired
intoxicants
mature
ones
childhood
losses
learning
lifelong
profound
children
grow
chemically
dependent
quickly
adults
record
recovery
depressingly
poor
course
effects
school
visited
upon
users
upon
entire
student
body
faculty
educational
process
disrupted
citations
internal
quotation
marks
omitted
five
years
ago
wrote
drug
abuse
problem
among
nation
youth
hardly
abated
since
vernonia
decided
fact
evidence
suggests
grown
worse
earls
supra
problem
remains
serious
today
see
generally
national
institute
drug
abuse
national
institutes
health
monitoring
future
national
survey
results
drug
use
secondary
school
students
half
american
graders
used
illicit
drug
third
graders
graders
nearly
one
four
graders
used
illicit
drug
past
month
high
schoolers
say
offered
sold
given
illegal
drug
school
property
within
past
year
dept
health
human
services
centers
disease
control
prevention
youth
risk
behavior
surveillance
morbidity
mortality
weekly
report
surveillance
summaries
june
congress
declared
part
school
job
educating
students
dangers
illegal
drug
use
provided
billions
dollars
support
state
local
programs
brief
amicus
curiae
required
schools
receiving
federal
funds
safe
schools
communities
act
certify
drug
prevention
programs
convey
clear
consistent
message
illegal
use
drugs
wrong
harmful
supp
iv
thousands
school
boards
throughout
country
including
jdhs
adopted
policies
aimed
effectuating
message
see
pet
cert
school
boards
know
peer
pressure
perhaps
single
important
factor
leading
schoolchildren
take
drugs
students
likely
use
drugs
norms
school
appear
tolerate
behavior
earls
supra
breyer
concurring
student
speech
celebrating
illegal
drug
use
school
event
presence
school
administrators
teachers
thus
poses
particular
challenge
school
officials
working
protect
entrusted
care
dangers
drug
abuse
special
characteristics
school
environment
tinker
governmental
interest
stopping
student
drug
abuse
reflected
policies
congress
myriad
school
boards
including
jdhs
allow
schools
restrict
student
expression
reasonably
regard
promoting
illegal
drug
use
tinker
warned
schools
may
prohibit
student
speech
undifferentiated
fear
apprehension
disturbance
mere
desire
avoid
discomfort
unpleasantness
always
accompany
unpopular
viewpoint
danger
far
serious
palpable
particular
concern
prevent
student
drug
abuse
issue
embodied
established
school
policy
app
app
pet
cert
extends
well
beyond
abstract
desire
avoid
controversy
petitioners
urge
us
adopt
broader
rule
frederick
speech
proscribable
plainly
offensive
term
used
fraser
see
reply
brief
petitioners
think
stretches
fraser
far
case
read
encompass
speech
fit
definition
offensive
much
political
religious
speech
might
perceived
offensive
concern
frederick
speech
offensive
reasonably
viewed
promoting
illegal
drug
use
although
accusing
decision
serious
violence
first
amendment
authorizing
viewpoint
discrimination
post
opinion
stevens
dissent
concludes
might
well
appropriate
tolerate
targeted
viewpoint
discrimination
unique
setting
post
understand
dissent
take
position
schools
required
tolerate
student
advocacy
illegal
drug
use
school
events
even
advocacy
falls
short
inviting
imminent
lawless
action
see
post
possible
rigid
imminence
requirement
relaxed
schools
even
dissent
recognizes
issues
close
enough
principal
held
liable
damages
instead
enjoy
qualified
immunity
actions
see
post
stripped
rhetorical
flourishes
debate
dissent
opinion
less
constitutional
first
principles
whether
frederick
banner
constitutes
promotion
illegal
drug
use
explained
view
dissent
contrary
view
relatively
narrow
question
hardly
justifies
sounding
first
amendment
bugle
school
principals
difficult
job
vitally
important
one
frederick
suddenly
unexpectedly
unfurled
banner
morse
decide
act
act
spot
reasonable
conclude
banner
promoted
illegal
drug
use
violation
established
school
policy
failing
act
send
powerful
message
students
charge
including
frederick
serious
school
dangers
illegal
drug
use
first
amendment
require
schools
tolerate
school
events
student
expression
contributes
dangers
judgment
appeals
ninth
circuit
reversed
case
remanded
proceedings
consistent
opinion
ordered
deborah
morse
et
petitioners
joseph
frederick
writ
certiorari
appeals
ninth
circuit
june
justice
thomas
concurring
today
decides
public
school
may
prohibit
speech
advocating
illegal
drug
use
agree
therefore
join
opinion
full
write
separately
state
view
standard
set
forth
tinker
des
moines
independent
community
school
without
basis
constitution
first
amendment
congress
shall
make
law
abridging
freedom
speech
previously
observed
first
amendment
originally
understood
permit
sorts
speech
instead
certain
narrowly
limited
classes
speech
prevention
punishment
never
thought
raise
constitutional
problem
chaplinsky
new
hampshire
see
also
cox
louisiana
view
history
public
education
suggests
first
amendment
originally
understood
protect
student
speech
public
schools
although
colonial
schools
exclusively
private
public
education
proliferated
early
time
ratified
fourteenth
amendment
public
schools
become
relatively
common
reese
america
public
schools
common
school
child
left
behind
hereinafter
reese
students
public
schools
originally
understood
rights
one
expected
public
schools
respected
rights
courts
enforced
colonial
era
private
schools
tutors
offered
educational
opportunities
children
teachers
managed
classrooms
iron
hand
butts
cremin
history
education
american
culture
hereinafter
butts
public
schooling
arose
part
way
educate
poor
afford
private
schools
see
kaestle
vinovskis
apron
strings
abcs
parents
children
schooling
massachusetts
sociology
supp
public
schools
initially
created
substitutes
private
schools
developed
public
education
systems
early
one
doubted
government
ability
educate
discipline
children
private
schools
like
private
counterparts
early
public
schools
places
freewheeling
debates
exploration
competing
ideas
rather
teachers
instilled
core
common
values
students
taught
reese
potter
emerson
school
schoolmaster
manual
discipline
contributes
insensibly
generate
spirit
subordination
lawful
authority
power
habit
postponing
present
indulgence
greater
future
good
parkerson
parkerson
emergence
common
school
countryside
hereinafter
parkerson
noting
early
education
activists
benjamin
rush
believed
public
schools
help
ed
control
innate
selfishness
individual
teachers
instilled
values
presenting
ideas
also
strict
discipline
butts
schools
punished
students
behavior
school
considered
disrespectful
wrong
parkerson
noting
children
punished
idleness
talking
profanity
slovenliness
rules
etiquette
enforced
courteous
behavior
demanded
reese
meet
educational
objectives
schools
required
absolute
obedience
northend
teacher
assistant
hints
methods
school
discipline
instruction
consider
school
judiciously
governed
order
prevails
strictest
sense
propriety
manifested
pupils
towards
teacher
towards
internal
quotation
marks
omitted
short
earliest
public
schools
teachers
taught
students
listened
teachers
commanded
students
obeyed
teachers
rely
solely
power
ideas
persuade
relied
discipline
maintain
order
legal
doctrine
loco
parentis
courts
upheld
right
schools
discipline
students
enforce
rules
maintain
rooted
english
common
law
loco
parentis
originally
governed
legal
rights
obligations
tutors
private
schools
blackstone
commentaries
laws
england
parent
may
also
delegate
part
parental
authority
life
tutor
schoolmaster
child
loco
parentis
portion
power
parent
committed
charge
viz
restraint
correction
may
necessary
answer
purposes
employed
chancellor
james
kent
noted
acceptance
doctrine
part
american
law
early
century
kent
commentaries
american
law
power
allowed
law
parent
person
child
may
delegated
tutor
instructor
better
accomplish
purpose
education
early
state
courts
applied
loco
parentis
principle
public
schools
one
sacred
duties
parents
train
qualify
children
becoming
useful
virtuous
members
society
duty
effectually
performed
without
ability
command
obedience
control
stubbornness
quicken
diligence
reform
bad
habits
teacher
substitute
parent
exercise
delegated
duties
invested
power
state
pendergrass
applying
loco
parentis
judiciary
reluctant
interfere
routine
business
school
administration
allowing
schools
teachers
set
enforce
rules
maintain
order
sheehan
sturges
thus
early
years
public
schooling
schools
teachers
considerable
discretion
disciplinary
matters
accomplish
th
desirable
ends
teaching
obedience
civic
virtues
master
school
necessarily
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much
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govern
pupils
quicken
slothful
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indolent
restrain
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make
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give
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punish
disobedience
rules
commands
punishments
shall
imposed
necessarily
largely
within
discretion
master
none
defined
school
board
patterson
nutter
review
case
law
shows
loco
parentis
allowed
schools
regulate
student
speech
well
courts
routinely
preserved
rights
teachers
punish
speech
school
teacher
thought
contrary
interests
school
educational
goals
example
vermont
upheld
corporal
punishment
student
called
teacher
old
jack
seaver
front
students
lander
seaver
explained
decision
follows
anguage
used
scholars
stir
disorder
subordination
heap
odium
disgrace
upon
master
writings
pictures
placed
suggest
evil
corrupt
language
images
thoughts
youth
must
frequent
school
similar
acts
tend
directly
impair
usefulness
school
welfare
scholars
authority
master
common
consent
universal
custom
new
england
schools
master
always
deemed
right
punish
offences
power
essential
preservation
order
decency
decorum
good
government
schools
similarly
california
appeal
upheld
expulsion
student
gave
speech
student
body
criticized
administration
unsafe
building
possibility
fire
wooster
sunderland
cal
app
punishment
appropriate
stated
speech
intended
discredit
humiliate
board
eyes
students
tended
impair
discipline
school
likewise
missouri
explained
rule
forbade
use
profane
language
quarrelling
reasonable
necessary
orderly
conduct
school
deskins
gose
mo
indiana
upheld
punishment
student
made
distracting
demonstrations
class
breach
good
deportment
vanvactor
state
ind
doctrine
loco
parentis
limited
ability
schools
set
rules
control
classrooms
almost
way
merely
limited
imposition
excessive
physical
punishment
area
case
law
split
one
line
cases
specified
punishment
wholly
discretionary
long
teacher
act
legal
malice
cause
permanent
injury
boyd
state
allowing
liability
punishment
inflicted
immoderate
excessive
induced
legal
malice
wickedness
motive
another
line
allowed
courts
intervene
corporal
punishment
clearly
excessive
lander
supra
lines
cases
courts
struck
punishments
excessively
harsh
almost
never
questioned
substantive
restrictions
student
conduct
set
teachers
schools
sheehan
supra
gardner
state
ind
anderson
state
hardy
james
op
ii
tinker
effected
sea
change
students
speech
rights
extending
well
beyond
traditional
bounds
case
arose
school
punished
several
students
wearing
black
armbands
school
protest
vietnam
war
tinker
determining
punishment
infringed
students
first
amendment
rights
created
new
standard
students
freedom
speech
public
schools
finding
showing
engaging
forbidden
conduct
materially
substantially
interfere
requirements
appropriate
discipline
operation
school
prohibition
sustained
internal
quotation
marks
omitted
accordingly
unless
student
speech
disrupt
educational
process
students
fundamental
right
speak
minds
wear
armbands
even
matters
school
disagreed
found
objectionable
ibid
school
must
able
show
action
caused
something
mere
desire
avoid
discomfort
unpleasantness
always
accompany
unpopular
viewpoint
justice
black
dissented
criticizing
subject
ing
public
schools
country
whims
caprices
maybe
brightest
students
emphasized
instructive
purpose
schools
axpayers
send
children
school
premise
age
need
learn
teach
view
decision
surrender
ed
control
american
public
school
system
public
school
students
course
tinker
reasoning
conflicted
traditional
understanding
judiciary
role
relation
public
schooling
role
limited
loco
parentis
perhaps
reason
since
scaled
back
tinker
standard
rather
set
standard
aside
ad
hoc
basis
bethel
school
dist
fraser
public
school
suspended
student
delivering
speech
contained
elaborate
graphic
explicit
sexual
metaphor
appeals
found
speech
caused
disruption
tinker
standard
question
holding
nonetheless
permitted
school
punish
student
objectionable
content
speech
high
school
assembly
classroom
place
sexually
explicit
monologue
directed
towards
unsuspecting
audience
teenage
students
signaling
least
partial
break
tinker
fraser
left
regulation
indecent
student
speech
local
similarly
hazelwood
school
dist
kuhlmeier
made
exception
tinker
activities
characterized
newspapers
similar
activities
part
school
curriculum
held
ducators
entitled
exercise
greater
control
forms
student
expression
accordingly
expressly
refused
apply
tinker
standard
instead
activities
created
new
standard
permitted
school
regulations
student
speech
reasonably
related
legitimate
pedagogical
concerns
today
creates
another
exception
continue
distance
tinker
neither
overrule
offer
explanation
operates
ante
afraid
jurisprudence
says
students
right
speak
schools
except
standard
continuously
developed
litigation
local
schools
administrators
view
petitioners
prevail
much
simpler
reason
originally
understood
constitution
afford
students
right
free
speech
public
schools
iii
light
history
american
public
education
seriously
suggested
first
amendment
freedom
speech
encompasses
student
right
speak
public
schools
early
public
schools
gave
total
control
teachers
expected
obedience
respect
students
courts
routinely
deferred
schools
authority
make
rules
discipline
students
violating
rules
several
points
clear
loco
parentis
speech
rules
school
rules
treated
identically
loco
parentis
doctrine
imposed
almost
limits
types
rules
school
set
students
school
schools
teachers
tremendous
discretion
imposing
punishments
violations
rules
might
suggested
early
school
speech
cases
dealt
slurs
profanity
criticism
withstand
scrutiny
first
state
courts
repeatedly
reasoned
schools
discretion
impose
discipline
maintain
order
substance
student
speech
conduct
played
part
analysis
second
cases
involved
punishment
speech
weightier
matters
instance
speech
criticizing
school
administrators
creating
fire
hazard
see
wooster
cal
yet
courts
refused
find
exception
loco
parentis
even
advocacy
public
safety
sure
educational
system
faces
administrative
pedagogical
challenges
different
faced
schools
idea
treating
children
though
still
century
find
little
support
today
see
constitutional
imperative
requiring
public
schools
allow
student
speech
parents
decide
whether
send
children
public
schools
cf
hamilton
regents
univ
california
drafted
called
attend
university
seeking
education
offered
state
time
insisting
excluded
prescribed
course
cardozo
concurring
parents
like
rules
imposed
schools
seek
redress
school
boards
legislatures
send
children
private
schools
home
school
simply
move
whatever
rules
apply
student
speech
public
schools
rules
challenged
parents
political
process
place
democratic
regime
tinker
substituted
judicial
oversight
affairs
public
schools
tinker
made
little
attempt
ground
holding
history
education
original
understanding
first
instead
imposed
new
malleable
standard
schools
inhibit
student
speech
unless
substantially
interfere
requirements
appropriate
discipline
operation
school
internal
quotation
marks
omitted
inherent
application
standard
judgment
calls
constitutes
interference
constitutes
appropriate
discipline
see
black
dissenting
arguing
armbands
fact
caused
disruption
historically
courts
reasoned
local
school
districts
entitled
make
calls
tinker
usurped
traditional
authority
judiciary
tinker
utterly
ignored
history
public
education
courts
including
one
routinely
find
necessary
create
ad
hoc
exceptions
central
premise
doctrine
exceptions
creates
confusion
without
fixing
underlying
problem
returning
first
principles
accept
tinker
standard
subscribe
kuhlmeier
alternative
local
school
boards
courts
determine
pedagogical
interests
legitimate
rules
reasonably
relat
interests
justice
black
may
prophet
son
prophet
dissent
tinker
proved
prophetic
name
first
amendment
tinker
undermined
traditional
authority
teachers
maintain
order
public
schools
society
generally
respected
authority
teachers
deferred
judgment
trusted
act
best
interest
school
children
accept
defiance
disrespect
disorder
daily
occurrences
many
public
schools
dupre
students
constitutional
rights
keeping
order
public
schools
geo
rev
need
look
case
example
frederick
asserts
constitutional
right
utter
school
event
either
ibberish
ante
open
call
use
illegal
drugs
elevate
impertinence
status
constitutional
protection
farcical
indeed
surrender
control
american
public
school
system
public
school
students
tinker
supra
black
dissenting
join
opinion
erodes
tinker
hold
realm
student
speech
even
though
adding
patchwork
exceptions
tinker
standard
think
better
approach
dispense
tinker
altogether
given
opportunity
deborah
morse
et
petitioners
joseph
frederick
writ
certiorari
appeals
ninth
circuit
june
justice
alito
justice
kennedy
joins
concurring
join
opinion
understanding
goes
hold
public
school
may
restrict
speech
reasonable
observer
interpret
advocating
illegal
drug
use
provides
support
restriction
speech
plausibly
interpreted
commenting
political
social
issue
including
speech
issues
wisdom
war
drugs
legalizing
marijuana
medicinal
use
see
post
stevens
dissenting
opinion
correctly
reaffirms
recognition
tinker
des
moines
independent
community
school
fundamental
principle
students
shed
constitutional
rights
freedom
speech
expression
schoolhouse
gate
also
correct
noting
tinker
permits
regulation
student
speech
threatens
concrete
substantial
disruption
set
ground
student
speech
may
regulated
state
actors
way
constitutional
settings
read
opinion
mean
necessarily
grounds
regulation
already
recognized
holdings
addition
tinker
decision
present
case
allows
restriction
speech
advocating
illegal
drug
use
bethel
school
dist
fraser
permits
regulation
speech
delivered
lewd
vulgar
manner
part
middle
school
program
hazelwood
school
dist
kuhlmeier
allows
school
regulate
essence
school
speech
articles
appear
publication
official
school
organ
join
opinion
understanding
opinion
hold
special
characteristics
public
schools
necessarily
justify
speech
restrictions
opinion
endorse
broad
argument
advanced
petitioners
first
amendment
permits
public
school
officials
censor
student
speech
interferes
school
educational
mission
see
brief
petitioners
brief
amicus
curiae
argument
easily
manipulated
dangerous
ways
reject
abuse
occurs
educational
mission
public
schools
defined
elected
appointed
public
officials
authority
schools
school
administrators
faculty
result
public
schools
defined
educational
missions
including
inculcation
whatever
political
social
views
held
members
groups
tinker
era
public
school
defined
educational
mission
include
solidarity
soldiers
families
thus
attempted
outlaw
wearing
black
armbands
ground
undermined
mission
alternatively
school
defined
educational
mission
include
promotion
world
peace
sought
ban
wearing
buttons
expressing
support
troops
ground
buttons
signified
approval
war
educational
mission
argument
give
public
school
authorities
license
suppress
speech
political
social
issues
based
disagreement
viewpoint
expressed
argument
therefore
strikes
heart
first
amendment
public
schools
invaluable
beneficent
institutions
organs
state
public
school
authorities
regulate
student
speech
act
agents
state
stand
shoes
students
parents
dangerous
fiction
pretend
parents
simply
delegate
authority
including
authority
determine
children
may
say
hear
public
school
authorities
even
dangerous
assume
delegation
authority
somehow
strips
public
school
authorities
status
agents
state
parents
realistically
choice
send
children
public
school
little
ability
influence
occurs
school
therefore
wrong
treat
public
school
officials
purposes
relevant
first
amendment
private
nongovernmental
actors
standing
loco
parentis
reasons
argument
altering
usual
free
speech
rules
public
schools
rest
theory
delegation
must
instead
based
special
characteristic
school
setting
special
characteristic
relevant
case
threat
physical
safety
students
school
attendance
expose
students
threats
physical
safety
otherwise
face
outside
school
parents
attempt
protect
children
many
ways
may
take
steps
monitor
exercise
control
persons
children
associate
similarly
students
school
may
able
avoid
threatening
individuals
situations
school
hours
however
parents
present
provide
protection
guidance
students
movements
ability
choose
persons
spend
time
severely
restricted
students
may
compelled
daily
basis
spend
time
close
quarters
students
may
harm
experience
shows
schools
places
special
danger
settings
first
amendment
strongly
limits
government
ability
suppress
speech
ground
presents
threat
violence
see
brandenburg
ohio
per
curiam
due
special
features
school
environment
school
officials
must
greater
authority
intervene
speech
leads
violence
cases
tinker
substantial
disruption
standard
permits
school
officials
step
actual
violence
erupts
see
speech
advocating
illegal
drug
use
poses
threat
student
safety
serious
always
immediately
obvious
recognized
past
opinion
today
details
illegal
drug
use
presents
grave
many
ways
unique
threat
physical
safety
students
therefore
conclude
public
schools
may
ban
speech
advocating
illegal
drug
use
regard
regulation
standing
far
reaches
first
amendment
permits
join
opinion
understanding
opinion
endorse
extension
deborah
morse
et
petitioners
joseph
frederick
writ
certiorari
appeals
ninth
circuit
june
justice
stevens
justice
souter
justice
ginsburg
join
dissenting
significant
fact
barely
mentioned
sheds
revelatory
light
motives
students
principal
high
school
jdhs
january
olympic
torch
relay
gave
alaska
residents
rare
chance
appear
national
television
joseph
frederick
repeatedly
explained
address
curious
message
bong
hits
jesus
fellow
students
wanted
get
camera
crews
attention
moreover
concern
nationwide
evaluation
conduct
jdhs
student
body
justified
principal
decision
remove
banner
even
merely
proclaimed
glaciers
melt
agree
principal
held
liable
pulling
frederick
banner
see
harlow
fitzgerald
hold
however
school
interest
protecting
students
exposure
speech
reasonably
regarded
promoting
illegal
drug
use
ante
justify
disciplining
frederick
attempt
make
ambiguous
statement
television
audience
simply
contained
oblique
reference
drugs
first
amendment
demands
indeed
much
holds
otherwise
laboring
establish
two
uncontroversial
propositions
first
constitutional
rights
students
school
settings
coextensive
rights
adults
see
ante
second
deterring
drug
use
schoolchildren
valid
terribly
important
interest
see
ante
first
take
point
message
frederick
banner
necessarily
protected
speech
even
though
unquestionably
banner
unfurled
elsewhere
second
willing
assume
correct
pressing
need
deter
drug
use
supports
jdhs
rule
prohibiting
willful
conduct
expressly
advocates
use
substances
illegal
minors
app
pet
cert
gross
non
sequitur
draw
two
unremarkable
propositions
remarkable
conclusion
school
may
suppress
student
speech
never
meant
persuade
anyone
anything
judgment
first
amendment
protects
student
speech
message
neither
violates
permissible
rule
expressly
advocates
conduct
illegal
harmful
students
nonsense
banner
neither
serious
violence
first
amendment
upholding
indeed
lauding
school
decision
punish
frederick
expressing
view
disagreed
december
engaged
controversial
war
war
divided
country
issues
ever
tinker
des
moines
independent
community
school
black
dissenting
learned
students
planned
wear
black
armbands
symbol
opposition
country
involvement
vietnam
officials
des
moines
public
school
district
adopted
policy
calling
suspension
student
refused
remove
armband
explained
considered
propriety
policy
school
officials
banned
sought
punish
petitioners
silent
passive
expression
opinion
unaccompanied
disorder
disturbance
part
petitioners
district
justified
censorship
ground
feared
expression
controversial
unpopular
opinion
generate
disturbances
school
officials
insufficient
reason
believe
disturbances
materially
substantially
interfere
requirements
discipline
operation
school
found
justification
rule
lack
foundation
therefore
held
censorship
violated
first
amendment
internal
quotation
marks
omitted
justice
harlan
dissented
thought
school
district
censor
message
disagreed
rather
upheld
district
rule
students
never
cast
doubt
district
justification
proving
rule
motivated
legitimate
school
concerns
example
desire
prohibit
expression
unpopular
point
view
permitting
expression
dominant
opinion
two
cardinal
first
amendment
principles
animate
opinion
tinker
justice
harlan
dissent
first
censorship
based
content
speech
particularly
censorship
depends
viewpoint
speaker
subject
rigorous
burden
justification
discrimination
speech
message
presumed
unconstitutional
government
targets
subject
matter
particular
views
taken
speakers
subject
violation
first
amendment
blatant
viewpoint
discrimination
thus
egregious
form
content
discrimination
government
must
abstain
regulating
speech
specific
motivating
ideology
opinion
perspective
speaker
rationale
restriction
rosenberger
rector
visitors
univ
citation
omitted
second
punishing
someone
advocating
illegal
conduct
constitutional
advocacy
likely
provoke
harm
government
seeks
avoid
see
brandenburg
ohio
per
curiam
distinguishing
mere
advocacy
illegal
conduct
incitement
imminent
lawless
action
however
necessary
may
modify
principles
school
setting
tinker
affirmed
continuing
vitality
order
state
person
school
officials
justify
prohibition
particular
expression
opinion
must
able
show
action
caused
something
mere
desire
avoid
discomfort
unpleasantness
always
accompany
unpopular
viewpoint
certainly
finding
showing
engaging
conduct
materially
substantially
interfere
requirements
appropriate
discipline
operation
school
prohibition
sustained
internal
quotation
marks
omitted
federal
courts
long
recognized
tinker
regulation
student
speech
generally
permissible
speech
substantially
disrupt
interfere
work
school
rights
students
tinker
requires
specific
significant
fear
disruption
remote
apprehension
disturbance
saxe
state
college
area
school
alito
emphasis
added
yet
today
fashions
test
trivializes
two
cardinal
principles
upon
tinker
rests
see
ante
chools
may
restrict
student
expression
reasonably
regard
promoting
illegal
drug
use
test
invites
stark
viewpoint
discrimination
case
example
principal
unabashedly
acknowledged
disciplined
frederick
disagreed
viewpoint
ascribed
message
banner
see
app
viewpoint
incidentally
frederick
disavowed
see
unlike
recent
decision
tennessee
secondary
school
athletic
assn
brentwood
academy
slip
see
also
ante
alito
concurring
holding
case
strikes
heart
first
amendment
upholds
punishment
meted
basis
listener
disagreement
understanding
likely
misunderstanding
speaker
viewpoint
bedrock
principle
underlying
first
amendment
government
may
prohibit
expression
idea
simply
society
finds
idea
offensive
disagreeable
texas
johnson
also
perfectly
clear
promoting
illegal
drug
use
ante
comes
nowhere
close
proscribable
incitement
imminent
lawless
action
brandenburg
encouraging
drug
use
might
well
increase
likelihood
listener
try
illegal
drug
hardly
justifies
censorship
every
denunciation
existing
law
tends
measure
increase
probability
violation
condonation
breach
enhances
probability
expressions
approval
add
probability
advocacy
heightens
still
even
advocacy
violation
however
reprehensible
morally
justification
denying
free
speech
advocacy
falls
short
incitement
nothing
indicate
advocacy
immediately
acted
upon
whitney
california
brandeis
concurring
one
seriously
maintains
drug
advocacy
much
less
frederick
ridiculous
sign
comes
within
vanishingly
small
category
speech
prohibited
feared
consequences
advocacy
borrow
justice
holmes
ha
chance
starting
present
conflagration
gitlow
new
york
dissenting
opinion
ii
rejects
outright
twin
foundations
tinker
view
unusual
importance
protecting
children
scourge
drugs
supports
ban
speech
school
environment
promotes
drug
use
whether
rule
sensible
matter
policy
carving
speech
uniquely
harsh
treatment
finds
support
case
law
inimical
values
protected
first
see
infra
nevertheless
assume
sake
argument
school
concededly
powerful
interest
protecting
students
adequately
supports
restriction
assembly
public
expression
advocates
use
substances
illegal
minors
app
pet
cert
given
relationship
schools
students
custodial
tutelary
permitting
degree
supervision
control
exercised
free
adults
vernonia
school
dist
acton
might
well
appropriate
tolerate
targeted
viewpoint
discrimination
unique
setting
conventional
speech
may
restricted
likely
incit
imminent
lawless
action
brandenburg
possible
rigid
imminence
requirement
relaxed
schools
see
bethel
school
dist
fraser
constitutional
rights
students
public
school
automatically
coextensive
rights
adults
settings
one
thing
restrict
speech
advocates
drug
use
another
thing
entirely
prohibit
obscure
message
drug
theme
third
party
subjectively
reasonably
thinks
tantamount
express
advocacy
cf
masses
publishing
patten
sdny
hand
distinguishing
sharply
agitation
legitimate
direct
advocacy
unlawful
conduct
even
school
recognizes
paramount
need
hold
line
one
hand
speech
merely
expresses
viewpoint
unpopular
contrary
school
preferred
message
hand
advocacy
illegal
unsafe
course
conduct
district
prohibition
drug
advocacy
gloss
general
rule
otherwise
quite
tolerant
student
speech
students
disturbed
exercise
constitutionally
guaranteed
rights
assemble
peaceably
express
ideas
opinions
privately
publicly
provided
activities
infringe
rights
others
interfere
operation
educational
program
board
permit
conduct
school
premises
willful
activity
interferes
orderly
operation
educational
program
offends
rights
others
board
specifically
prohibits
assembly
public
expression
advocates
use
substances
illegal
minors
app
pet
cert
see
also
ante
quoting
rule
part
absolutely
evidence
frederick
banner
reference
drug
paraphernalia
willful
ly
infringed
anyone
rights
interfered
school
educational
face
rule
gave
frederick
wide
berth
express
ideas
opinions
long
amount
advoca
cy
drug
use
ibid
school
rule
hypothesis
valid
one
valid
insofar
scrupulously
preserves
adequate
space
constitutionally
protected
speech
first
amendment
rights
stake
rule
sweep
great
variety
conduct
general
indefinite
characterization
may
leave
wide
discretion
application
cantwell
connecticut
therefore
insisted
tinker
school
establish
likely
connection
armbands
feared
consequences
jdhs
must
show
frederick
supposed
advocacy
stands
meaningful
chance
making
students
try
marijuana
instead
demanding
school
make
showing
punts
figuring
punts
tricky
mode
analysis
employ
entirely
clear
see
ante
occasion
suggests
deferring
principal
reasonable
judgment
frederick
sign
qualified
drug
times
seems
say
thinks
banner
message
constitutes
express
either
way
approach
indefensible
extent
defers
principal
ostensibly
reasonable
judgment
abdicates
constitutional
responsibility
beliefs
third
parties
reasonable
otherwise
never
dictated
messages
amount
proscribable
advocacy
indeed
strange
constitutional
doctrine
allow
prohibition
narrowest
category
speech
advocating
unlawful
conduct
see
brandenburg
yet
permit
listener
perceptions
determine
speech
deserved
constitutional
peculiar
doctrine
alien
case
law
abrams
affirmed
conviction
group
russian
rebels
revolutionists
anarchists
internal
quotation
marks
omitted
ground
leaflets
distributed
thought
incite
provoke
encourage
resistance
internal
quotation
marks
omitted
yet
justice
holmes
dissent
emphatically
carried
day
never
inquired
reasonableness
judgment
leaflets
likely
undermine
war
effort
dissent
instead
ridiculed
judgment
nobody
suppose
surreptitious
publishing
silly
leaflet
unknown
man
without
present
immediate
danger
opinions
hinder
success
government
arms
appreciable
tendency
thomas
collins
opinion
rutledge
overturned
conviction
union
organizer
violated
restraining
order
forbidding
exhorting
workers
held
distinction
advocacy
incitement
depend
one
workers
might
understood
organizer
speech
pu
speaker
circumstances
wholly
mercy
varied
understanding
hearers
consequently
whatever
inference
may
drawn
intent
meaning
cox
louisiana
vacated
civil
rights
leader
conviction
disturbing
peace
even
though
baton
rouge
sheriff
deem
ed
leader
appeal
students
sit
lunch
counters
never
asked
sheriff
judgment
reasonable
even
fraser
made
inquiry
whether
school
administrators
reasonably
thought
student
speech
obscene
profane
rather
satisfied
pervasive
sexual
innuendo
fraser
speech
plainly
offensive
teachers
students
indeed
mature
person
cf
bose
consumers
union
cases
raising
first
amendment
issues
repeatedly
held
appellate
obligation
make
independent
examination
whole
record
order
make
sure
judgment
constitute
forbidden
intrusion
field
free
expression
internal
quotation
marks
omitted
extent
independently
finds
bong
hits
jesus
objectively
amounts
advocacy
illegal
drug
use
words
reasonably
interpreted
conclusion
practically
refutes
nonsense
message
advocacy
feeble
effort
divine
hidden
meaning
strong
evidence
ante
positing
banner
might
mean
alternatively
take
bong
hits
hits
good
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take
bong
frederick
credible
uncontradicted
explanation
message
wanted
get
television
also
relevant
speaker
intend
persuade
audience
hardly
said
advocating
importantly
takes
real
imagination
read
cryptic
message
characterization
mine
see
slanting
drug
reference
incitement
drug
use
admittedly
high
school
students
including
use
drugs
dumb
students
however
shed
brains
schoolhouse
gate
students
know
dumb
advocacy
see
notion
message
banner
actually
persuade
either
average
student
even
dumbest
one
change
behavior
implausible
believes
silly
message
proscribed
advocacy
underscores
novelty
position
suggests
principle
articulates
stopping
point
even
advocacy
somehow
wedged
frederick
obtuse
reference
marijuana
advocacy
best
subtle
ambiguous
abundant
precedent
including
another
opinion
chief
justice
announces
today
proposition
first
amendment
implicated
tie
goes
speaker
federal
election
wisconsin
right
life
slip
comes
defining
speech
qualifies
functional
equivalent
express
advocacy
give
benefit
doubt
speech
censorship
post
close
case
tie
go
frederick
speech
principal
strained
reading
quixotic
message
among
things
categorical
approach
deaf
constitutional
imperative
permit
unfettered
debate
even
among
students
wisdom
war
drugs
legalizing
marijuana
medicinal
see
tinker
students
may
confined
expression
sentiments
officially
approved
frederick
stupid
reference
marijuana
view
justify
censorship
high
school
students
everywhere
forgiven
zipping
mouths
drugs
school
lest
reasonable
observer
censor
punish
promoting
drugs
see
also
ante
breyer
concurring
judgment
part
dissenting
part
consider
school
district
rule
draws
distinction
alcohol
marijuana
applies
evenhandedly
substances
illegal
minors
app
pet
cert
see
also
app
expressly
defining
include
alcoholic
beverages
given
tragic
consequences
teenage
alcohol
consumption
drinking
causes
far
fatal
accidents
misuse
marijuana
school
district
interest
deterring
teenage
alcohol
use
least
comparable
interest
preventing
marijuana
use
reasoning
must
first
amendment
give
way
whenever
school
seeks
punish
student
speech
mentioning
beer
indeed
anything
else
might
deemed
risky
teenagers
find
hard
believe
support
punishing
frederick
flying
wine
sips
jesus
banner
quite
reasonably
construed
either
protected
religious
message
message
breathtaking
sweep
opinion
suggests
iii
although
case
began
silly
nonsensical
banner
ends
inventing
whole
cloth
special
first
amendment
rule
permitting
censorship
student
speech
mentions
drugs
least
long
someone
perceive
speech
contain
latent
message
first
amendment
jurisprudence
identified
categories
expression
less
deserving
protection
others
fighting
words
obscenity
commercial
speech
name
rather
reviewing
opinions
discussing
categories
mention
two
personal
recollections
doubt
influenced
conclusion
profoundly
unwise
create
special
rules
speech
drug
alcohol
use
vietnam
war
remembered
today
unpopular
war
early
stages
however
dominant
opinion
justice
harlan
mentioned
tinker
dissent
regarded
opposition
war
unpatriotic
treason
dominant
opinion
strongly
supported
prosecution
several
demonstrated
grant
park
democratic
convention
chicago
see
dellinger
vilification
vocal
opponents
war
like
julian
bond
cf
bond
floyd
des
moines
students
wore
armbands
school
district
fear
might
start
argument
cause
disturbance
well
founded
tinker
given
context
special
force
insistence
constitution
says
must
take
risk
history
says
sort
hazardous
freedom
kind
openness
basis
national
strength
independence
vigor
americans
grow
live
relatively
permissive
often
disputatious
society
citation
omitted
know
opinion
vietnam
war
etched
stone
reaching
back
still
current
dominant
opinion
supporting
war
drugs
general
antimarijuana
laws
particular
reminiscent
opinion
supported
nationwide
ban
alcohol
consumption
student
alcoholic
beverages
regarded
ordinary
articles
commerce
use
condemned
moral
fervor
supports
war
drugs
ensuing
change
public
opinion
occurred
much
slowly
relatively
rapid
shift
americans
views
vietnam
war
progressed
basis
period
many
years
prohibition
early
secretly
questioned
thousands
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patrons
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speakeasies
today
actions
literally
millions
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users
majority
voters
several
tolerate
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uses
lead
wonder
whether
fear
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majority
silencing
opponents
war
drugs
surely
national
experience
alcohol
make
us
wary
dampening
speech
suggesting
however
inarticulately
better
tax
regulate
marijuana
persevere
futile
effort
ban
use
entirely
even
high
school
rule
permits
one
point
view
expressed
less
likely
produce
correct
answers
open
discussion
countervailing
views
whitney
brandeis
concurring
abrams
holmes
dissenting
tinker
national
debate
serious
issue
expression
minority
viewpoint
demands
protection
first
amendment
whatever
better
policy
may
full
frank
discussion
costs
benefits
attempt
prohibit
use
marijuana
far
wiser
suppression
speech
unpopular
respectfully
dissent
deborah
morse
et
petitioners
joseph
frederick
writ
certiorari
appeals
ninth
circuit
june
justice
breyer
concurring
judgment
part
dissenting
part
need
decide
difficult
first
amendment
issue
merits
rather
believe
simply
hold
qualified
immunity
bars
student
claim
monetary
damages
say
resolving
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amendment
question
presented
case
view
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part
question
focuses
upon
specific
content
narrowly
defined
may
school
board
punish
students
speech
advocates
drug
use
time
underlying
facts
suggest
principal
morse
acted
simply
specific
content
viewpoint
joseph
frederick
speech
also
surrounding
context
manner
frederick
expressed
views
say
school
officials
might
reasonably
prohibit
students
events
unfurling
banners
kind
irrelevant
inappropriate
message
designed
attract
attention
television
cameras
seems
unlikely
undermine
basic
first
amendment
principles
hold
schools
may
take
steps
safeguard
entrusted
care
speech
reasonably
regarded
encouraging
illegal
drug
use
schools
may
restrict
student
expression
reasonably
regard
promoting
illegal
drug
use
quite
different
matter
ante
holding
based
viewpoint
restrictions
raises
host
serious
concerns
one
concern
holding
theoretically
limited
speech
promoting
use
illegal
drugs
fact
authorize
restrictions
illegal
drugs
illegal
substances
encouraging
underage
consumption
alcohol
moreover
unclear
far
rule
regarding
drug
advocacy
extends
conversation
lunch
period
one
student
suggests
glaucoma
sufferers
smoke
marijuana
relieve
pain
deprecating
commentary
antidrug
film
shown
school
drug
messages
mixed
expressly
political
content
example
frederick
banner
read
legalize
bong
hits
might
thought
receive
protection
majority
rule
goes
speech
encouraging
illegal
drug
use
ante
emphasis
added
speech
advocating
change
drug
laws
might
also
perceived
promoting
disregard
existing
drug
laws
legal
principles
must
treat
like
instances
alike
principles
permit
treating
drug
use
separately
without
satisfying
explanation
drug
use
sui
generis
say
illegal
drug
use
harmful
students
surely
true
constitute
satisfying
explanation
many
harms
real
war
one
less
metaphorical
war
drugs
declined
opportunity
draw
narrow
lines
cf
west
virginia
bd
ed
barnette
holding
students
compelled
recite
pledge
allegiance
world
war
ii
decline
opportunity
today
although
dissent
avoids
majority
pitfalls
fear
adopted
law
risk
significant
interference
reasonable
school
efforts
maintain
discipline
principal
student
unfurls
banner
carrying
irrelevant
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message
event
effort
capture
attention
television
cameras
nothing
view
principal
teacher
might
reasonably
view
frederick
conduct
setting
simply
beyond
pale
school
official
knowing
adolescents
often
test
outer
boundaries
acceptable
behavior
may
believe
important
offending
student
classmates
establish
student
gone
far
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simply
say
morse
may
taken
right
action
confiscating
frederick
banner
wrong
reason
drug
speech
teachers
neither
lawyers
police
officers
law
demand
fully
understand
intricacies
first
amendment
jurisprudence
majority
rightly
points
circumstances
called
quick
decision
see
ante
noting
morse
decide
act
act
spot
consideration
better
understood
terms
qualified
immunity
first
amendment
see
infra
say
regardless
outcome
constitutional
determination
decision
underlying
first
amendment
issue
difficult
unusually
portentous
reason
us
decide
issue
unless
must
instances
appropriate
decide
constitutional
issue
order
provide
guidance
future
find
much
guidance
today
decision
makes
clear
school
officials
may
restrict
student
speech
promotes
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drug
use
may
take
steps
safeguard
students
speech
encourages
illegal
drug
use
ante
beyond
steps
prohibit
unfurling
banners
school
outings
explain
restrict
ions
steps
might
avoid
risk
interpretations
broad
narrow
easy
offer
practically
valuable
guidance
students
test
limits
acceptable
behavior
myriad
ways
better
known
schoolteachers
judges
school
officials
need
degree
flexible
authority
respond
disciplinary
challenges
law
always
considered
relationship
teachers
students
special
circumstances
detailed
supervision
becomes
likely
law
engender
disputes
among
teachers
students
consequently
larger
numbers
disputes
likely
make
way
schoolhouse
courthouse
yet
one
wishes
substitute
courts
school
boards
turn
judge
chambers
principal
office
order
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resolving
fractious
underlying
constitutional
question
need
decide
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question
case
presents
question
qualified
immunity
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pet
cert
principle
qualified
immunity
fits
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perfectly
saying
diminish
risk
bringing
adverse
consequences
identified
importantly
also
adhere
basic
constitutional
obligation
avoiding
unnecessary
decision
constitutional
questions
see
ashwander
tva
brandeis
concurring
pass
upon
constitutional
question
although
properly
presented
record
also
present
ground
upon
case
may
disposed
ii
defense
qualified
immunity
requires
courts
enter
judgment
favor
government
employee
unless
employee
conduct
violates
clearly
established
statutory
constitutional
rights
reasonable
person
known
harlow
fitzgerald
defense
designed
protect
plainly
incompetent
knowingly
violated
law
malley
briggs
qualified
immunity
applies
entitles
principal
morse
judgment
frederick
monetary
damages
claim
clearly
violate
law
confrontation
student
time
confrontation
tinker
des
moines
independent
community
school
indicated
school
officials
prohibit
students
wearing
armband
protest
vietnam
war
conduct
issue
materially
substantially
disrupt
work
discipline
school
bethel
school
dist
fraser
indicated
school
officials
restrict
student
freedom
give
school
assembly
speech
containing
elaborate
sexual
metaphor
hazelwood
school
dist
kuhlmeier
indicated
school
officials
restrict
student
contributions
newspaper
even
without
threat
imminent
disruption
none
cases
clearly
governs
case
hand
ninth
circuit
thought
clear
cases
permit
morse
actions
see
ninth
circuit
view
case
involved
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lewd
speech
cf
fraser
supra
school
sponsored
speech
cf
kuhlmeier
supra
hence
tinker
substantial
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test
must
guide
inquiry
see
unlike
ninth
circuit
courts
described
tests
cases
suggest
complex
often
difficult
apply
see
guiles
ex
rel
guiles
marineau
entirely
clear
whether
tinker
rule
applies
student
speech
sponsored
schools
subject
rule
fraser
whether
applies
political
speech
political
discrimination
baxter
vigo
cty
school
pointing
fraser
cast
doubt
extent
students
retain
free
speech
rights
school
setting
indeed
fact
divides
constitutional
question
majority
reverses
ninth
circuit
constitutional
determination
strongly
suggests
answer
apply
prior
law
facts
unclear
relative
ease
decide
case
qualified
immunity
ground
thereby
avoid
deciding
far
difficult
constitutional
question
underscores
need
lift
rigid
order
battle
decisionmaking
requirement
imposed
upon
lower
courts
saucier
katz
saucier
wrote
lower
courts
first
inquiry
must
whether
constitutional
right
violated
facts
alleged
constitutional
violation
lower
courts
proceed
consider
whether
official
entitled
qualified
immunity
see
ibid
previously
explained
believe
abandon
saucier
rule
see
scott
harris
slip
breyer
concurring
brosseau
haugen
breyer
concurring
sometimes
rule
require
lower
courts
unnecessarily
answer
difficult
constitutional
questions
thereby
wasting
judicial
resources
sometimes
require
resolve
constitutional
issues
poorly
presented
sometimes
rule
immunize
incorrect
constitutional
holding
review
often
rule
violates
longstanding
principle
courts
pass
questions
constitutionality
unless
adjudication
unavoidable
spector
motor
service
mclaughlin
last
point
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amplification
resolving
underlying
constitutional
question
produce
several
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opinions
utterly
unnecessary
decide
case
ground
qualified
immunity
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unanimous
dissent
concedes
morse
held
liable
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banner
post
opinion
stevens
cardinal
principle
judicial
restraint
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decide
necessary
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pdk
drug
enforcement
cadc
roberts
concurring
part
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judgment
saucier
tempts
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rigid
order
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binds
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saucier
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rule
saucier
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commentators
judges
see
leval
judging
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dicta
dicta
rev
calling
requirement
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misadventure
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dirrane
brookline
police
referring
requirement
uncomfortable
exercise
answer
whether
violation
may
depend
kaleidoscope
facts
yet
fully
developed
lyons
xenia
sutton
concurring
saucier
justified
rule
contending
necessary
permit
constitutional
law
develop
see
concern
overstated
overruling
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mean
law
prohibited
judges
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given
saucier
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payne
tennessee
considerations
favor
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decisis
weakest
cases
involving
procedural
evidentiary
rules
finally
several
members
previously
suggested
always
requiring
lower
courts
first
answer
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questions
misguided
see
county
sacramento
lewis
stevens
concurring
judgment
resolving
constitutional
question
first
inappropriate
question
difficult
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mellen
scalia
dissenting
denial
certiorari
either
make
clear
constitutional
determinations
insulated
review
else
drop
pretense
requiring
ordering
every
case
saucier
supra
ginsburg
concurring
judgment
test
today
decision
imposes
holds
large
potential
confuse
siegert
gilley
kennedy
concurring
plain
plaintiff
required
malice
allegations
insufficient
doubt
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right
asserted
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reverse
usual
ordering
issues
tell
trial
appellate
courts
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question
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failed
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basis
qualified
immunity
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plaintiff
case
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damages
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injunction
requiring
school
district
expunge
suspension
records
qualified
immunity
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applies
respect
damages
actions
injunctive
relief
see
wood
strickland
respect
claim
underlying
question
constitutionality
least
conceivably
remains
seriously
doubt
however
remain
plaintiff
request
school
superintendent
reviewed
frederick
suspension
superintendent
turn
reduced
suspension
eight
days
frederick
served
appeal
superintendent
noted
several
actions
independent
frederick
speech
supported
suspension
including
plaintiff
disregard
school
official
instruction
failure
report
principal
office
time
defiant
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behavior
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finally
reported
app
pet
cert
superintendent
wrote
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protected
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school
board
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erase
suspension
record
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addition
plaintiff
counsel
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agree
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oral
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frederick
pursue
injunctive
relief
prevailed
damages
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tr
oral
arg
finding
morse
entitled
qualified
immunity
leave
question
injunctive
relief
given
high
probability
frederick
request
injunction
require
resolve
constitutional
issue
see
ashwander
brandeis
concurring
decide
qualified
immunity
question
remand
rest
case
initial
consideration
footnotes
justice
breyer
rest
decision
qualified
immunity
without
reaching
underlying
first
amendment
question
problem
approach
rather
significant
one
inadequate
decide
case
us
qualified
immunity
shields
public
officials
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damages
see
wood
strickland
case
frederick
asked
damages
also
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injunctive
relief
app
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breyer
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decision
qualified
immunity
grounds
dispose
damages
claims
frederick
claims
remain
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around
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justice
breyer
hypothesizes
frederick
suspension
target
request
injunctive
relief
may
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grounds
see
post
hypothesis
never
considered
courts
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raised
parties
belied
record
nowhere
suggests
suspension
justified
solely
grounds
dissent
effort
find
inconsistency
approach
opinion
federal
election
commission
wisconsin
right
life
see
post
opinion
stevens
overlooks
made
clear
tinker
fraser
kuhlmeier
student
first
amendment
rights
applied
light
special
characteristics
school
environment
tinker
see
fraser
kuhlmeier
discussed
supra
serious
argument
frederick
banner
political
speech
sort
issue
wisconsin
right
life
footnotes
although
first
amendment
apply
least
ratification
fourteenth
amendment
state
constitutions
included
guarantees
period
public
education
expanded
cal
art
conn
art
ind
art
even
college
level
strict
obedience
required
students
english
model
fostered
absolute
institutional
control
students
faculty
inside
outside
classroom
early
american
schools
students
lived
worked
vast
array
rules
restrictions
relationship
student
college
mirrored
situation
english
schools
emphasis
hierarchical
authority
stemmed
medieval
christian
theology
unique
legal
privileges
afforded
university
corporation
note
vand
rev
omitted
discussion
limited
elementary
secondary
education
settings
courts
applied
doctrine
loco
parentis
regardless
student
age
see
stevens
fassett
holding
student
age
liab
le
punishment
terms
students
present
pupil
received
instructed
master
state
mizner
iowa
sheehan
sturges
therefore
fact
frederick
minor
alaska
law
inconsequential
even
courts
favor
broad
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given
teachers
impose
corporal
punishment
recognized
law
provided
cooper
mcjunkin
ind
stating
public
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cling
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government
schools
discarded
everywhere
else
courts
also
upheld
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children
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speak
requested
teachers
see
board
ed
helston
app
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boy
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defaced
school
building
cf
sewell
board
ed
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school
ohio
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suspension
student
failed
complete
rhetorical
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allotted
time
least
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continued
recognize
applicability
loco
parentis
doctrine
public
schools
see
vernonia
school
dist
acton
traditionally
common
law
still
today
unemancipated
minors
lack
fundamental
rights
subject
control
parents
guardians
parents
place
minor
children
private
schools
education
teachers
administrators
schools
stand
loco
parentis
children
entrusted
citation
omitted
bethel
school
dist
fraser
cases
recognize
obvious
concern
part
parents
school
authorities
acting
loco
parentis
protect
children
especially
captive
audience
exposure
sexually
explicit
indecent
lewd
speech
distancing
tinker
approach
fraser
quoted
justice
black
dissent
tinker
tinker
claimed
hardly
argued
either
students
teachers
shed
constitutional
rights
freedom
speech
expression
schoolhouse
gate
unmistakable
holding
almost
years
cases
cited
favor
bold
proposition
support
tinker
chiefly
relies
upon
meyer
nebraska
striking
law
prohibiting
teaching
german
however
meyer
involved
challenge
private
school
meyer
quick
note
challenge
made
state
power
prescribe
curriculum
institutions
supports
meyer
provides
absolutely
support
proposition
rights
apply
within
schools
operated
state
notably
meyer
relied
chief
support
lochner
new
york
line
cases
line
cases
long
criticized
haulers
solid
waste
management
authority
tinker
also
relied
pierce
society
sisters
pierce
nothing
say
issue
either
pierce
simply
upheld
right
parents
send
children
private
school
footnotes
also
seriously
question
whether
ban
really
enforced
consider
difficulty
monitoring
student
conversations
classes
cafeteria
also
relevant
display
take
place
school
premises
rule
contemplates
app
pet
cert
separate
district
rule
make
policy
applicable
social
events
class
trips
frederick
might
well
thought
olympic
torch
relay
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social
event
example
prom
class
trip
see
ante
stating
principal
reasonably
regarded
frederick
banner
promoting
illegal
drug
use
ante
explaining
principal
morse
thought
banner
interpreted
viewing
promoting
illegal
drug
use
interpretation
plainly
reasonable
one
ante
asking
whether
principal
may
restrict
student
speech
speech
reasonably
viewed
promoting
illegal
drug
use
ante
holding
schools
may
restrict
student
expression
reasonably
regard
promoting
illegal
drug
use
see
also
ante
alito
concurring
public
school
may
restrict
speech
reasonable
observer
interpret
advocating
illegal
drug
use
see
ante
agree
morse
least
two
interpretations
words
banner
demonstrate
sign
advocated
use
illegal
drugs
ante
observing
explained
view
frederick
banner
constitutes
promotion
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drug
use
reasonableness
view
frederick
message
unprotected
speech
relevant
ascertaining
whether
qualified
immunity
shield
principal
liability
whether
actions
violated
frederick
constitutional
rights
cf
saucier
katz
relevant
dispositive
inquiry
determining
whether
right
clearly
established
whether
clear
reasonable
officer
conduct
unlawful
situation
confronted
reasoning
applies
interpreter
listener
legislature
repeatedly
held
eference
legislative
finding
certain
types
speech
inherently
harmful
limit
judicial
inquiry
first
amendment
rights
stake
reasoning
judicial
function
commands
analysis
whether
specific
conduct
charged
falls
within
reach
statute
whether
legislation
consonant
constitution
landmark
communications
virginia
see
also
whitney
california
brandeis
concurring
legislative
declaration
preclude
enquiry
question
whether
time
circumstances
conditions
existed
essential
validity
federal
constitution
whenever
fundamental
rights
free
speech
assembly
alleged
invaded
must
remain
open
defendant
present
issue
whether
actually
exist
time
clear
danger
whether
danger
imminent
whether
evil
apprehended
substantial
justify
stringent
restriction
interposed
legislature
legislatures
entitled
deference
whether
particular
speech
amounts
clear
present
danger
hard
understand
blithely
defer
judgment
single
school
principal
affirming
frederick
suspension
jdhs
superintendent
acknowledged
frederick
displayed
message
benefit
television
cameras
covering
torch
relay
app
pet
cert
opinion
ignores
fact
legalization
marijuana
issue
considerable
public
concern
alaska
state
held
alaska
constitution
protects
right
adults
possess
less
four
ounces
marijuana
personal
use
ravin
state
alaska
voters
alaska
attempted
undo
decision
voting
ballot
initiative
recriminalizing
marijuana
possession
initiative
proposal
effective
mar
alaska
lexis
time
frederick
unfurled
banner
constitutionality
referendum
yet
tested
subsequently
struck
unconstitutional
see
noy
state
alaska
app
meantime
alaska
voters
approved
ballot
measure
decriminalizing
use
marijuana
medicinal
purposes
ballot
measure
approved
alaska
codified
alaska
stat
rejected
much
broader
measure
decriminalized
marijuana
possession
granted
amnesty
anyone
convicted
crimes
see
ballot
measure
failed
alaska
see
gonzales
raich
citing
government
estimate
american
users
spent
billion
purchase
marijuana
noting
least
nine
authorize
use
marijuana
medicinal
purposes