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WASHINGTON (Reuters) - The U.S. Supreme Court said on Friday it would decide whether a high school principal violated a student's free-speech rights by suspending him for unfurling a banner that read "Bong Hits 4 Jesus."
Student Joseph Frederick says the banner's language was designed to be meaningless and funny in an effort to get on television as the Winter Olympic torch relay passed by the school in Juneau, Alaska, in January 2002.
But school officials say the phrase "bong hits" refers to smoking marijuana. Principal Deborah Morse suspended Frederick for 10 days because she said the banner advocates or promotes illegal drug use in violation of school policy.
Frederick, 18, had been standing on a public sidewalk across the street from the school when Morse grabbed his banner and crumpled it. Students had been allowed to skip class to watch the relay.
Frederick sued and sought the removal of the suspension from his records, a declaration that his rights had been violated and monetary damages.
A federal judge dismissed the lawsuit, but a U.S. appeals court ruled for Frederick and said the principal can be held liable for damages.
"A school cannot censor or punish students' speech merely because the students advocate a position contrary to government policy," the appeals court said.
The principal and the Juneau School Board appealed to the Supreme Court, arguing that the U.S. Constitution's free-speech guarantee still allows public schools to bar students from displaying messages promoting use of illegal substances.
Kenneth Starr, the former special prosecutor who investigated ex-President Bill Clinton over the Whitewater land deal and the Monica Lewinsky sex scandal, brought the appeal to the high court.
"This case raises an issue of vital importance to every school principal and administrator in the country," said Starr, now dean at the Pepperdine Law School in California.
Frederick's lawyer, Douglas Mertz, said schools cannot punish students for displaying messages off school property at events that are not sponsored or supervised by the school.
He said the school admitted that Frederick did not disrupt or interfere with any school activities.
The Supreme Court is expected to hear arguments in the case at the end of February, with a decision due by June.
This kind of harrassment is what we all need to keep fighting against.This young kid was doing nothing against the law.Hopefully the Supreme Court will see that and let this young kid go about his life without this harrassment on his record.Keep up the fight.
Student Joseph Frederick says the banner's language was designed to be meaningless and funny in an effort to get on television as the Winter Olympic torch relay passed by the school in Juneau, Alaska, in January 2002.
But school officials say the phrase "bong hits" refers to smoking marijuana. Principal Deborah Morse suspended Frederick for 10 days because she said the banner advocates or promotes illegal drug use in violation of school policy.
Frederick, 18, had been standing on a public sidewalk across the street from the school when Morse grabbed his banner and crumpled it. Students had been allowed to skip class to watch the relay.
Frederick sued and sought the removal of the suspension from his records, a declaration that his rights had been violated and monetary damages.
A federal judge dismissed the lawsuit, but a U.S. appeals court ruled for Frederick and said the principal can be held liable for damages.
"A school cannot censor or punish students' speech merely because the students advocate a position contrary to government policy," the appeals court said.
The principal and the Juneau School Board appealed to the Supreme Court, arguing that the U.S. Constitution's free-speech guarantee still allows public schools to bar students from displaying messages promoting use of illegal substances.
Kenneth Starr, the former special prosecutor who investigated ex-President Bill Clinton over the Whitewater land deal and the Monica Lewinsky sex scandal, brought the appeal to the high court.
"This case raises an issue of vital importance to every school principal and administrator in the country," said Starr, now dean at the Pepperdine Law School in California.
Frederick's lawyer, Douglas Mertz, said schools cannot punish students for displaying messages off school property at events that are not sponsored or supervised by the school.
He said the school admitted that Frederick did not disrupt or interfere with any school activities.
The Supreme Court is expected to hear arguments in the case at the end of February, with a decision due by June.
This kind of harrassment is what we all need to keep fighting against.This young kid was doing nothing against the law.Hopefully the Supreme Court will see that and let this young kid go about his life without this harrassment on his record.Keep up the fight.