In regards to Morse v. Fredrick can/should First amendment law only be made in cases of serious messages? Why or why not?
Some comments here: Just on the issue of serious messages, it would be very difficult to limit the 1st amendment in this way. Think about how hard it would be to define a ''serious'' message in any fair way. You could argue that, in 1848, a call for women''s rights was not ''serious'' and could have been suppressed. So what is not serious at one time may become serious later. Giving the government the power to decide what is or is not serious would be problematic. So, to me, the 1st amendment can''t and shouldn''t be limited in this way.You should realize, however, that the ruling in this case is tied really closely to the fact that this was a student across from his school. So this is not really a case about general First