Govenrment nannies say kids don't have any free
speach in government schools to critize the governments
stupid war on drugs. Supremes to decide!
Justices debate 'bong' banner
WASHINGTON - In a lively session over a student's "Bong Hits 4 Jesus" banner, former independent counsel Kenneth Starr urged the Supreme Court on Monday to let public schools ban signs, buttons or other messages that undercut anti-drug policy.
As scores of students milled in and around the columned building, Starr argued that a principal in Juneau, Alaska, did not violate Joseph Frederick's speech rights when she tore down the banner he had unfurled at an Olympic Torch Relay parade in 2002.
The principal, Deborah Morse, said the "bong" phrase referred to marijuana and suspended him for 10 days. Frederick, a senior at the time, said his words were merely nonsense meant to draw television cameras as students watched the parade.
A majority of the justices did not make clear how they would rule, but they were more open to Starr's anti-drug rationale than his broader argument that schools should be able to regulate any message that conflicts with the far-reaching educational mission.
Monday's test of student speech rights arises as schools face increased violence and drug use on their grounds. The National School Boards Associationsays administrators should have expansive latitude to stop messages related to subjects such as drugs, guns and homosexuality.
On Frederick's side are an unusual contingent of liberal groups and conservatives. All are worried that credible student views will be censored.
"The problem," Chief Justice John Roberts said, "is that school boards these days take it upon themselves to broaden their mission well beyond ... illegal substances."
Responding to such concerns, Starr said, "The court does not need to go more broadly (than the drug issue)."
Lawyer Douglas Mertz, representing Frederick, emphasized, "This is a case about free speech."
Justice Anthony Kennedy was sympathetic to the efforts to counter illegal drug use. Frederick's sign, he said, was "completely disruptive of the school's image that they wanted to portray in sponsoring the Olympics."
Students at Supreme Court to hear 'Bong Hits 4 Jesus' speech case
WASHINGTON - Scores of students waited outside the Supreme Court on Monday for a chance to listen to arguments in a test of student speech rights - a high school senior's display of a banner reading "Bong Hits 4 Jesus."
"I would never do it, but at the same time, it's free speech," said Chaim Frenkel, 17, of Silver Spring, Md. Frenkel was one of 13 seniors and their teacher from the Melvin J. Berman Hebrew Academy who arrived at the court at 4:30 a.m. EDT.
Natasha Braithwaite, 20, a junior at Columbia Union College in Takoma Park, Md., got in line at 7 a.m. with a definite opinion about the case. "In every possible way, his First Amendment rights were violated," Braithwaite said.
Joseph Frederick was a high school senior in Juneau, Alaska, when he decided to display the banner at a school-sanctioned event to watch the Olympic torch pass through the city on its way to the 2002 Winter Games in Salt Lake City.
Principal Deborah Morse believed his "Bong Hits 4 Jesus" banner was a pro-drug message that schools should not tolerate. She suspended Frederick for 10 days. Frederick sued Morse, and that case now is before the court.
Frederick acknowledged he was trying to provoke a reaction from school administrators with whom he had feuded, but he denied that he was speaking out in favor of drugs or anything other than free speech. A bong is a water pipe that is used to smoke marijuana.
"I waited until the perfect moment to unveil it, as the TV cameras (following the torch relay) passed," Frederick said.
Morse and the Juneau school district argue that schools will be powerless to discipline students who promote illegal drugs if the court sides with Frederick. The Bush administration, other school boards and anti-drug school groups are supporting Morse.
Frederick, now 23, counters that students could be silenced if the court reverses the appellate ruling. A wide assortment of conservative and liberal advocacy groups are behind Frederick.
In a Vietnam War era case, the court backed high school student anti-war protesters who wore armbands to class. Since then, though, the court has sanctioned curtailing student speech when it is disruptive to a school's educational mission, plainly offensive or part of a school-sponsored activity like a student newspaper.
A federal appeals court called Frederick's message "vague and nonsensical" in ruling that his civil rights had been violated. The 9th U.S. Circuit Court of Appeals also said Morse would have to compensate Frederick for her actions because she should have known they violated the Constitution.
Frederick, who teaches English and studies Mandarin in China, was not expected at the court for the argument. Two years after the banner incident, Frederick pleaded guilty to a misdemeanor charge of selling marijuana, according to Texas court records.
The case is Morse v. Frederick, 06-278.