Tension has emerged from the United States Supreme Court's review of student speech. This tension, between the importance of protecting the right of the student and the authoritative role of the educator, is emphasized in Morse v. Frederick. The examination of this conflict in light of First Amendment history in public schools is necessary to properly understand how future cases will be affected. The Court has noted that "education is perhaps the most important function of our local governments." The conflict of liberty and social order in education requires a delicate balance of interests. It is not necessarily the Court's role to determine what educational policies will be implemented at the state level; however, the Court must decide constitutional issues that arise in the school setting.
JoAnna S. Thomas,
The Emerging Dichotomy of the Educational Institution: Expression and Authority in Public Schools under Morse v. Frederick, 127 S. Ct. 2618 (2007),
88 Neb. L. Rev.
Available at: http://digitalcommons.unl.edu/nlr/vol88/iss1/4