{"id":990,"date":"2007-06-25T13:16:44","date_gmt":"2007-06-25T17:16:44","guid":{"rendered":"http:\/\/shermandorn.com\/wordpress\/?p=990"},"modified":"2007-06-25T13:16:44","modified_gmt":"2007-06-25T17:16:44","slug":"bong-hits-4-jesus-and-student-rights-off-campus","status":"publish","type":"post","link":"https:\/\/shermandorn.com\/?p=990","title":{"rendered":""Bong Hits 4 Jesus" and student rights off-campus"},"content":{"rendered":"

Andy Carvin<\/a> correctly points out the complexities in the Morse v. Frederick<\/a> opinions, released today in the “Bong Hits 4 Jesus” case. The five-judge majority opinion ruled that student behavior occuring during an off-campus event was nonetheless subject to student-conduct rules if it was school-sanctioned, during school hours, and supervised by teachers and staff. The majority opinion also ruled that a school has a right to control behavior that it deems antithetical to legitimate, official messages in the school curriculum (in this case, anti-drug education). <\/p>\n

But the wealth of opinions complicates the effect of this case, especially with regard to other off-campus student behavior that doesn’t fit into the relatively neat during-school-hours, school-sanctioned, and school-supervised pattern in this case. Justice Breyer’s partial concurrence is correct: the court could easily have ruled on the issue of partial immunity (was the school principal subject to personal liability) without addressing the other issues. Given that fact, I suspect Chief Justice Roberts overreached in trying to address the substantive issues. His reputation was as a consensus-maker, and here, he not only failed to achieve consensus but reduced the authority of the court by trying to address the merits and failing to get anything other than a splintered opinion. Carvin predicted that the serious questions about regulation of off-campus student conduct on the internet remain and will wait for another case.<\/p>\n

Quick update<\/em>: It looks like all of the major decisions released today are 5-4. The court is still divided.<\/p>\n","protected":false},"excerpt":{"rendered":"

Andy Carvin correctly points out the complexities in the Morse v. Frederick opinions, released today in the “Bong Hits 4 Jesus” case. The five-judge majority opinion ruled that student behavior occuring during an off-campus event was nonetheless subject to student-conduct rules if it was school-sanctioned, during school hours, and supervised by teachers and staff. The majority opinion […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2},"jetpack_post_was_ever_published":false},"categories":[11],"tags":[],"class_list":["post-990","post","type-post","status-publish","format-standard","hentry","category-education-policy"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/pag0MB-fY","_links":{"self":[{"href":"https:\/\/shermandorn.com\/index.php?rest_route=\/wp\/v2\/posts\/990","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/shermandorn.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/shermandorn.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/shermandorn.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/shermandorn.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=990"}],"version-history":[{"count":0,"href":"https:\/\/shermandorn.com\/index.php?rest_route=\/wp\/v2\/posts\/990\/revisions"}],"wp:attachment":[{"href":"https:\/\/shermandorn.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=990"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/shermandorn.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=990"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/shermandorn.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=990"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}