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p_ingtoday at 4:01 PM1 replyview on HN

EFF goes on about how speech has been protected off campus in various cases, but what about Bong Hits 4 Jesus where the Supreme Court ruled that the school did not violate First Amendment rights with suspension?

In that case, the student was off school grounds across from the high school.

Was Morse v. Frederick case law overturned in later cases?

And I could just be completely reading this incorrectly, too.


Replies

grueztoday at 5:10 PM

>but what about Bong Hits 4 Jesus where the Supreme Court ruled that the school did not violate First Amendment rights with suspension?

>In that case, the student was off school grounds across from the high school.

The wikipedia summary is actually:

>the Court held, 5–4, that the First Amendment does not prevent educators from prohibiting or punishing student speech that is reasonably viewed as promoting illegal drug use at a school-sanctioned event.[1][2]

So the parts you're failing to mention is that it's a school sanctioned event, and that it's promoting illegal drug use. Based on the examples in the EFF blog post, it's clear that those are not the cases that EFF is objecting to, for instance:

>Surveillance Software Exposed a Bad Joke Made in the Privacy of a Student’s Home

I agree that using school devices can be vaguely construed as being similar to "school-sanctioned event", but it's not the same, for the reasons outlined in EFF's blog post.