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.
North Koreans: T to the A, to the S T E Y - some food would be TASTY. >
