The First Amendment to the United States Constitution is a part of the United States Bill of Rights. It prohibits the federal legislature from making laws that establish religion (the "Establishment Clause") or prohibit free exercise of religion (the "Free Exercise Clause"), laws that infringe the freedom of speech, infringe the freedom of the press, limit the right to assemble peaceably, or limit the right to petition the government for a redress of grievances.
Although the First Amendment only explicitly prohibits the named rights from being abridged by laws made by Congress, the courts have interpreted it as applying more broadly. As the first sentence in the body of the Constitution reserves all law-making ("legislative") authority to Congress, the courts have held that the First Amendment's terms also extend to the executive and judicial branches. source
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WASHINGTON (CNN) -- The Supreme Court ruled against a former high school student Monday in the "Bong Hits 4 Jesus" banner case -- a split decision that limits students' free speech rights.
Joseph Frederick was 18 when he unveiled the 14-foot paper sign on a public sidewalk outside his Juneau, Alaska, high school in 2002.
Principal Deborah Morse confiscated it and suspended Frederick. He sued, taking his case all the way to the nation's highest court.
The justices ruled 6-3 that Frederick's free speech rights were not violated by his suspension over what the majority's written opinion called a "sophomoric" banner.
"It was reasonable for (the principal) to conclude that the banner promoted illegal drug use-- and that failing to act would send a powerful message to the students in her charge," Chief Justice John Roberts wrote for the court's majority. (Opinion)
Roberts added that while the court has limited student free speech rights in the past, young people do not give up all their First Amendment rights when they enter a school.
Roberts was supported by Justices Antonin Scalia, Anthony Kennedy, Clarence Thomas, Stephen Breyer, and Samuel Alito. Breyer noted separately he would give Morse qualified immunity from the lawsuit, but did not sign onto the majority's broader free speech limits on students.
In dissent, Justice John Paul Stevens said, "This case began with a silly nonsensical banner, (and) ends with the court inventing out of whole cloth a special First Amendment rule permitting the censorship of any student speech that mentions drugs, so long as someone could perceive that speech to contain a latent pro-drug message."
He was backed by Justices David Souter and Ruth Bader Ginsburg.
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