Constitutional Law—First Amendment & Freedom of Speech—Students May Be Regarded as Closed-Circuit Recipients of the State\u27s Anti Drug Message: The Supreme Court Creates a New Exception to the Tinker Student Speech Standard. Morse v. Frederick, 127 S. Ct. 2618 (2007)

This note argues that the Supreme Court\u27s decision in Morse significantly weakens students\u27 free speech rights. Although the Court stated that students do not shed their constitutional rights at the school house gates, its decisions, in effect, weakens Tinker\u27s important holding that students are entitled to First Amendment protection. The note asserts that the Court\u27s opinion broadens schools\u27 authority to regulate student speech in ways that are contrary to fundamental First Amendment values and explicitly allows schools to engage in highly suspect viewpoint discrimination. The note first examines some of the fundamental First Amendment values at stake in student speech cases. Next, the note discusses the Court\u27s application of the First and Fourth Amendments to public school students. The note then summarizes the facts that led to the Supreme Court\u27s decision in Morse and outlines the Court\u27s reasoning—Court erred in its decision in Morse by weakening student speech rights