This Article analyzes and examines the Supreme Court's Morse v. Frederick opinion and, in particular, how it has been interpreted expansively by some courts to the point where it may someday become the censorship exception that swallows the rule of Tinker. Part II focuses on the concurring opinion of Justice Alito in Morse paying close attention to the language in his opinion that the Fifth Circuit seized upon and exploited in Ponce. Part III then provides greater detail on how Justice Alito's opinion has been used—arguably, misused and abused—by lower courts in contexts outside of the realm of speech that advocates illegal drug use. Next, Part IV explores the ramifications of expansive interpretations of the Morse ruling. Part IV also creates and sets forth a hypothetical scenario to demonstrate the elasticity of Morse at least as it has been interpreted by some courts, to serve as legal tool to quell expression far removed from messages advocating illegal drug use. Finally, Part V sets forth the Conclusion.
Seattle University Law Review, Volume Index, 30 SEATTLE U. L. REV. 1119 (2007).