but divided juneau, choosing up sides as to which side was the one they believed or agreed with, john sedwickdid not help the situation because he never heard a trial on the facts. he simply agreed with the principal that as a matter of law, she had the authority to tell joe frederick to take the banner down. next stop was the ninth circuit court of appeals. and typically, courts of appeals hear cases in the first instance with a panel of three judges. they don't hear them as an entire court, that's called enbank, so three judges overturned judge sedwick's summary judgment, sided with joe frederick saying that he did have a first amendment right to uphold the banner, and then it went up to the supreme court, and that's how we ended up with morse v. frederick. morse v. frederick is such an important case because the last student rights case was heard in the '80s, and so it was like a 20-year hiatus between the last case involving student speech rights and school authority. the landmark case comes out of the vietnam war. it's called tinker v. des moines and involves some kids who wore black arm