Law & Courts

Supreme Court to Weigh Case on Official Immunity

By Mark Walsh — March 27, 2008 1 min read
  • Save to favorites
  • Print

The law surrounding the principle of “qualified immunity” gets complex pretty quickly. But for public school teachers and administrators, such immunity can often save them from exposure to damages in lawsuits and many hours in court.

The U.S. Supreme Court agreed this week to reconsider one of its important precedents on qualified immunity, which protects public officials such as educators and police officers from liability when their challenged actions did not violate clearly established law.

The immunity issue was an important part of last year’s famous “Bong Hits 4 Jesus” case, in which a student who had displayed a banner with that slogan challenged the discipline meted out by his high school principal. A lower federal court had ruled that the principal was not entitled to qualified immunity from a suit for damages because the student’s right to display the banner was so clearly established that the principal should have known she could not discipline him.

In Morse v. Frederick, the Supreme Court was effectively unanimous in overturning the lower court and ruling that the principal deserved qualified immunity. The justices were less unanimous on whether the “Bong Hits” banner merited First Amendment protection, ruling 5-4 that it did not.

In a concurring opinion, Justice Stephen G. Breyer said the Morse case could easily have been decided on qualified-immunity grounds alone if not for a 2001 high court decision on immunity known as Saucier v. Katz.

In that opinion, Justice Anthony M. Kennedy said that lower courts weighing civil rights cases must first decide whether there is a constitutional violation, and then proceed to decide whether the public official is entitled to qualified immunity. The theory is that if cases were often decided on immunity grounds alone, the courts would never resolve many constitutional questions.

But the Saucier decision has been widely criticized in the lower federal courts, and in his Morse concurrence, Justice Breyer called it “a failed experiment.”

His view may have had an influence on his fellow justices.

On March 24, the court announced it would review a case involving a police search in which the officers’ immunity was at issue. In accepting the appeal in Pearson v. Callahan (Case No. 07-751), the justices asked the parties to also address the question of whether Saucier v. Katz should be overruled.

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School & District Management Webinar
Too Many Initiatives, Not Enough Alignment: A Change Management Playbook for Leaders
Learn how leadership teams can increase alignment and evaluate every program, practice, and purchase against a clear strategic plan.
Content provided by Otus
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Artificial Intelligence Webinar
Beyond Teacher Tools: Exploring AI for Student Success
Teacher AI tools only show assigned work. See how TrekAi's student-facing approach reveals authentic learning needs and drives real success.
Content provided by TrekAi
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
College & Workforce Readiness Webinar
Building for the Future: Igniting Middle Schoolers’ Interest in Skilled Trades & Future-Ready Skills
Ignite middle schoolers’ interest in skilled trades with hands-on learning and real-world projects that build future-ready skills.
Content provided by Project Lead The Way

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Supreme Court’s Gender Identity Ruling Leaves Schools Seeking Clarity
Advocates say they would welcome more from the Supreme Court on gender-notification policies.
7 min read
The Supreme Court is photographed, Friday, Feb. 27, 2026, in Washington.
The Supreme Court is photographed, Friday, Feb. 27, 2026, in Washington. The high court recently ruled that California policies that sometimes limit or discourage schools from disclosing information to parents about children’s gender transitions and expressions at school likely violate parents’ constitutional rights
Rahmat Gul/AP
Law & Courts Supreme Court Backs Parents in School Gender Disclosure Fight
The Supreme Court restored an injunction blocking California policies on student gender transitions
8 min read
Teacher’s aide Amelia Mester, wrapped in a Pride flag, urges Escondido Union High School District not to have employees notify parents if they believe a student may be transgender in November 2025. A policy on the issue in the city’s elementary school district is the subject of a federal class-action lawsuit in which a judge just sided against the district.
Teacher’s aide Amelia Mester, wrapped in a Pride flag, urges Escondido Union High School District not to have employees notify parents if they believe a student may be transgender at a meeting in November 2025. Two parents and two teachers from the district sued in 2023, challenging California state guidance concerning student gender transitions and parental notification. The U.S. Supreme Court has now reinstated a lower-court decision overturning those state policies.
Charlie Neuman for The San Diego Union-Tribune/TNS
Law & Courts Appeals Court Allows Louisiana Ten Commandments Displays to Proceed
The court said it was premature to rule on the constitutionality of La. Ten Commandments displays.
3 min read
Students work under Ten Commandments and Bill of Rights posters on display in a classroom at Lehman High School in Kyle, Texas, Thursday, Oct. 16, 2025.
Students work under Ten Commandments and Bill of Rights posters on display in a classroom at Lehman High School in Kyle, Texas, Oct. 16, 2025. A federal appeals court has lifted a lower-court injunction blocking a Louisiana law that requires Ten Commandments displays, clearing the way for the law to take effect.
Eric Gay/AP
Law & Courts Social Media Companies Face Legal Reckoning Over Mental Health Harms to Children
Some of the biggest players from Meta to TikTok are getting a chance to make their case in courtrooms around the country.
6 min read
Social Media Kids Trial 26050035983057
Meta CEO Mark Zuckerberg leaves court after testifying in a landmark trial over whether social media platforms deliberately addict and harm children, on Feb. 18, 2026, in Los Angeles.
AP Photo/Damian Dovarganes