Legal

Pack It, Fire It Up, And Come Along, It's Time For The Supremes To Hear About Hits From The Bong

pO157.

Posted to Legal on Tue Mar 20, 2007 at 07:48:05 PM EST (promoted by 1fastdog). RSS.

The so-called "Bong Hits 4 Jesus" case, otherwise known as Morse v. Frederick, 06-278, is currently before the US Supreme Court awaiting a ruling which would have vast effects on the free speech rights of students in public schools.

In 2002, the Olympic torch passed through Juneau, Alaska. A high school student, Joseph Frederick, stood along the path of the torch on public property (off his school's campus) and unfurled a large banner which stated "Bong Hits 4 Jesus." Juneau-Douglas High School principal Deborah Morse then crumpled up his banner and suspended him for a period of 5 days (later doubled to 10 because at his disciplinary hearing he quotes Thomas Jefferson) because his actions were against the school's anti-drug policies. He then claimed he was subject to repeated harassment, arrest and his father lost his job because of the whole affair and both had to leave the state.

Mr. Frederick then sued the school, but lost in Federal district court. That ruling, however, was overturned on appeal and the appeals court stated in 2006 that his rights to free speech were infringed as a school may not punish a student for or censor an opinion it disagrees with.

Mr. Frederick, now an English instructor in China, points to an earlier Vietnam era precedent in Tinker v. Des Moines in which the Supreme Court upheld the rights of students to wear armbands in protest of the Vietnam war -- and more broadly to support the free speech rights of public school students as long as such rights did not substantially interfere with school activities or the rights of others.

The school's side of this case is being handled on a pro bono basis by former special counsel Kenneth Starr, who alludes to this case presenting other facets than free speech rights:

“This case is ultimately about drugs and other illegal substances,” Starr insisted, pointing toward what might amount to a drug-war exception to the First Amendment for students.

Furthermore, the superintendent of the school district, Ms. Peggy Cowan, stated: "We are counting on this case to give us clarity. It was important (for Morse) to take the sign down. Leaving it up would have communicated that it was OK to promote the use of illegal drugs." Other school administrators argue that it is important to have legal authority to back the new round of "Zero tolerance" policies that have sprung up in recent years in schools across the country.

During deliberations, Justice Stephen Breyer, said he is struggling with the case because a ruling in Frederick's favor could encourage students to go to absurd lengths to test those limits. A ruling for Morse, however, "may really limit free speech," Breyer said.

Tags: written by pO157, edited by 1fastdog, Alaska, Juneau, Supreme Court, Bong, Marijuana, Jesus, School, Zero tolerance, Due Process, Free Speech, Ken Starr, Hip-Hop Headline (all tags)

This story: 12 comments (6 from subqueue)
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1

Help me out here

Lou.

Tue Mar 20, 2007 at 08:22:44 PM EST

5.00

He obviously was off school property...was he supposed to be in school?  If not, how in the name of Dobbs was this case not laughed out of court?  Plus he gets 5 extra days for quoting Jefferson?  This whole thing is fucked up.  Not only should he win, but as an added bonus, the principal should be spanked with a copy of the constitution.

It's the end of the world as we know it, and I feel fine

3

^ 1

Re: Help me out here

gerrymander.

Wed Mar 21, 2007 at 12:14:42 AM EST

4.00

If not, how in the name of Dobbs was this case not laughed out of court?

It appears that the banner was off school grounds, but facing the school. That the slogan could be construed as advocating drug use to students, contravening state law and school ordinance, was enough to hold against Frederick in the lower court.

(Which is not to say I agree at all with the lower court, Lou. I'm sympathetic with with Chief Justice Roberts' somewhat sarcastic summary of the issue at hand:

You think the law was so clearly established when this happened that the principal, that the instant that the banner was unfurled, snowballs are flying around, the torch is coming, should have said oh, I remember under Tinker I can only take the sign down if it's disruptive. But then under Frazier I can do something if it interferes with the basic mission, and under Kuhlmeier I've got this other thing. So she should have known at that point that she could not take the banner down, and it was so clear that she should have to pay out of her own pocket because of it?...And so it should be perfectly clear to her exactly what she could and couldn't do.
But that said, Morse should still have had enough practical expertise to distinguish between a low-grade prank and a serious disruption. That she didn't or, given the mtutal history between her and Frederick, couldn't, may very well cost her.)

8

^ 3

Hmmn

uncarved block.

Wed Mar 21, 2007 at 12:56:06 PM EST

2.00 (interesting)

    The justices all seem to be dancing around the real reason the case is in front of them-- namely, the retribution. Teachers and principals have to make similar judgment calls all over the US every day in school- heck, I even inspired one once- yet they rarely end up in court. Taking down the sign could be forgiven; what Roberts is overlooking in that quote is that Morse had hours, even days, to consider what the next move was, and whether it crossed a 1st Amendment line or not.
   If the reporting is at all accurate, it doesn't sound as if this principal is going to get a well earned smack to the wallet. Sad.

Ex ignorantia ad sapientiam; e luce ad tenebras

9

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Re: Hmmn

nmiguy.

Wed Mar 21, 2007 at 02:54:58 PM EST

none

Good point about retribution.  Tacking on extra days of suspension because he quoted Jefferson is asinine and it is clearly an emotion retribution by teh adult who was clearly one-upped by a student.  That alone should decide that Morse is liable for damages, it was arbitrary censorship and retribution, it is highly unlikely that the school system has rules and laws that allow for a student's education to be arbitrarily ceased because of the principle's whim.  

2

^ 1

Re: Help me out here

keta.

Tue Mar 20, 2007 at 08:46:54 PM EST

none

...the principal should be spanked with a copy of the constitution.

Agreed, but you just know that would get Starr all hot and bothered, and delay us never having to hear that fucker's name again.

4

bonghits4jesus.com

wetkarma.

Wed Mar 21, 2007 at 09:26:58 AM EST

none

I'm not quite sure if I understand the school (morse's) position on this case -- any speech that goes against what the school defines as its mission is subject to censorship?

Regardless of where that speech occurs?  I'm a bit disappointed that this got all the way to the supreme court -- I would think that the rights recognized in the first amendment had a bit more respect in lower courts.

What next -- subpoenas to discovery the anonymity of students advocating pro-drug messages online?

Memory is a strange bell, jubilee and knell.

5

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Re: bonghits4jesus.com

pO157.

Wed Mar 21, 2007 at 09:54:30 AM EST

none

I'm not quite sure if I understand the school (morse's) position on this case -- any speech that goes against what the school defines as its mission is subject to censorship?

I think I understand it perfectly. She is an idiot and has little to no basic understanding of 1st amendment rights.

Regardless of where that speech occurs?  I'm a bit disappointed that this got all the way to the supreme court -- I would think that the rights recognized in the first amendment had a bit more respect in lower courts.

This is completely ridiculous and I agree that I am surprised that it got all the way to The Supremes instead of being solved in a lower court. However, maybe this is a good thing because instead of ending up as a little known case awarding a trivial sum of money to the student and his family it will instead set a nationwide precedent, hopefully discouraging school administrators from starting these evil shenanigans in the future.

What next -- subpoenas to discovery the anonymity of students advocating pro-drug messages online?

I wouldn't doubt it. Especially since some schools (even some universities, IIRC for underage alcohol violations) have taken it upon themselves to start "googling" their students or checking their MySpace, etc accounts and punishing them for "dress code violations," "giving out too much personal information," or "conduct unbecoming to the school."

6

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Re: bonghits4jesus.com

gerrymander.

Wed Mar 21, 2007 at 10:23:21 AM EST

none

Technically, the question SCOTUS is addressing is whether Frederick has been harmed sufficiently as to allow him a suit to collect damages from Morse, the school district, and possibly the city. They aren't so much questioning if Morse overstepped her authority, but rather by how much and how egregiously.

7

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Re: bonghits4jesus.com

wetkarma.

Wed Mar 21, 2007 at 11:33:38 AM EST

none

Reading the case finding, it seems there are two issues at play.

Whether Frederick's First Amendment rights were violated and

Whether the principal should have immunity from lawsuit for that violation.

For me question 1 is a clear yes. As to question 2,  I'm concerned that if there are no consequences for violating someone's rights, then its as if those rights do not exist.

Memory is a strange bell, jubilee and knell.

10

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Re: bonghits4jesus.com

Thalia.

Wed Mar 21, 2007 at 09:08:58 PM EST

none

The courts all the way down have voted for Fredricks in this case.  The Supreme Court is the first time that Morse has gotten a sympathetic hearing.  

Thalia

11

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Re: bonghits4jesus.com

wetkarma.

Thu Mar 22, 2007 at 10:25:15 AM EST

none

Best as I understand the initial court made a summary judgement for Morse which the appeals court overturned. Am I incorrect?

Memory is a strange bell, jubilee and knell.

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