Student Joseph Frederick held up a sign that read "Bong Hits 4 Jesus" at a school-sponsored event. Deborah Morse, the school's principal, took Frederick's sign and suspended him for 10 days. The Ninth Circuit held that Frederick's speech was protected under the First Amendment because it did not cause a disturbance. The Supreme Court reversed, holding that public school officials can prohibit students from promoting illegal drug use and can punish those who do.

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Overruled

540 U.S. 93 (2003) McCONNELL, UNITED STATES SENATOR, ET AL. v. FEDERAL ELECTION COMMISSION ET AL.   No. 02-1674. Supreme Court of United States.   Argued September 8, 2003. Decided December 10, 2003[*] APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA*94 *95 *96 *97 *98 *99 *100 *101 *102 *103 *104 *105 *106 *107 *108 *109 *110 STEVENS and O’CONNOR, JJ., delivered the opinion of the Court with respect to BCRA Titles I and II, in which SOUTER, GINSBURG, and BREYER, JJ., joined. REHNQUIST, C.J., delivered the opinion of the Court with respect to BCRA Titles […]

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Congress passed the Flag Protection Act of 1989 after the Supreme Court overturned a Texas statute criminalizing the knowingly offensive destruction American flag in Texas v. Johnson. The Flag Protection Act criminalized "knowingly" mutilating, defacing, physically defiling, burning, or tampling upon an American flag. The Supreme Court found the Flag Protection Act to be unconstitutional. Although it did not contain a content-based limitation like the Texas statute did, the Government's interest in protecting the "physical integrity" of the flag in order to preserve its symbolism is related to the suppression of free expression and violates the First Amendment.

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In this case we are asked to decide whether a university enjoys a special privilege, grounded in either the common law or the First Amendment, against disclosure of peer review materials that are relevant to charges of racial or sexual discrimination in tenure decisions.

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