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Morse V. Frederick's New Perspective On Schools' Basic Educational Missions And The Implications For Gay-Straight Alliance First Amendment Jurisprudence, Jordan Woods
Jordan Blair Woods
In Morse v. Frederick, the United States Supreme Court adopted a new rule permitting schools to limit student expression that is reasonably viewed to promote illegal drug use. The purpose of this Article is to demonstrate that Morse could alter the First Amendment analysis in gay-straight alliance (GSA) litigation to make it easier for LGBTQ students to form GSAs under the First Amendment. Prior to Morse, the Supreme Court increasingly deferred to schools' educational missions to grant schools increasing authority to limit student speech. In Morse, however, the Court shifted its tone and harshly criticized the notion that schools may …