Case: 12-60264
Document: 00513162565
Page: 16
Date Filed: 08/20/2015
No. 12-60264
when it disciplined a student for an “offensively lewd and indecent” speech
delivered at a student assembly. 478 U.S. at 677–78, 685. In Hazelwood, the
Court upheld a school’s right to “exercis[e] editorial control over the style and
content of student speech” in a school-sponsored newspaper when the student
engages in “expressive activities that students, parents, and members of the
public might reasonably perceive to bear the imprimatur of the school” and the
school officials’ “actions are reasonably related to legitimate pedagogical
concerns”. 484 U.S. at 262, 271, 273.
And, most recently in Morse, the Court considered whether a school
infringed a student’s First Amendment right of free speech when it disciplined
him for holding up a banner that stated “BONG HiTS 4 JESUS” at a schoolsponsored event. 551 U.S. at 397–98. The Court, through Justice Alito’s
controlling concurrence (joined by Justice Kennedy), held a school may
discipline a student for speech which poses a “grave and . . . unique threat to
the physical safety of students”, such as “advocating illegal drug use”. Id. at
425.
(Justice Alito limited his “join[ing] the opinion of the Court on the
understanding that the opinion does not hold that the special characteristics
of the public schools necessarily justify any other speech restrictions”. Id. at
423.)
For these exceptions, schools are not required to prove the occurrence of
an actual disruption or one that reasonably could have been forecast.
Similarly, in Ponce v. Socorro Independent School District, our court extended
the Morse exception to certain threats of school violence. 508 F.3d 765, 771–
72 (5th Cir. 2007).
In response to a diary brought to school containing
“terroristic threat[s]” mirroring recent mass school shootings, the school
suspended the student. Id. at 767. On appeal, our court upheld the suspension
as constitutional, extending Morse’s exception to speech “bearing the stamp of
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