University of Arkansas at Little Rock Law Review

Document Type



This note argues that the Supreme Court's decision in Morse significantly weakens students' 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's important holding that students are entitled to First Amendment protection. The note asserts that the Court's opinion broadens schools' 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's application of the First and Fourth Amendments to public school students. The note then summarizes the facts that led to the Supreme Court's decision in Morse and outlines the Court's reasoning—Court erred in its decision in Morse by weakening student speech rights.