Question
In Fictional City, Fictional State, Lanny Poffo, an 18-year-old high school student was recently suspended for wearing a shirt promoting a vote on a statewide
In Fictional City, Fictional State, Lanny Poffo, an 18-year-old high school student was recently suspended for wearing a shirt promoting a vote on a statewide referendum on April 20 to decriminalize the private possession of marijuana. The student, a registered voter and community organizer, wore a shirt reading "Vote for 4:20 on 4/20. Legalize it." His parents, Randy and Elizabeth Poffo, come to you for advice. What do you tell them?
Group of answer choices
A. The shirt falls directly under the Supreme Court's decision in Morse v. Frederick. It is therefore unprotected speech in the school setting. Lanny does not have a First Amendment claim.
B. The shirt is unprotected incitement and subject to criminal prosecution.
C. While the shirt may fall squarely under Morse, there are signs from the Court that the shirt may be protected political speech. Lanny may have a First Amendment claim against his school.
D. If the shirt could reasonably cause a material and substantial disturbance at school, it is unprotected speech under Tinker. School officials likely have a good faith reason for banning the shirt, making it unprotected speech.
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