Court to decide "Bong hits 4 Jesus" banner case

[rustyc33101]

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.

 

[JRinke]

I hope, that some day, "The right to freedom of speech" will truly mean what it says. After reading some other stuff on NORML sites about how people are heavily jailed just for promoting the reformation of marijuana laws, this kind of stuff just INFURIATES me. Hopefully once a couple states like Nevada and California legalize and decriminalize marijuana, other states will follow suit without incident. Once I get a job, a huge chunk of my first and second check is being sent to NORML.

 

[Hichhiker]

I put a bit of thought into it, and realized something. We have absolutely no reason to be surprised by any of the things that the government does. Think of it as a living creature. It is around 200 years old, and it has spent almost every moment of it's existance making sure that it is safe from any and all harm. That means it's been gathering laws and other defences to gaurd its self from anything that might disturb it in it's comfort. Anything that may be a potential threat is imediately hit with the largest weapons it can bring to bare to make sure that nothing goes wrong.
I'm sorry, that's a bit weird isn't it? Just seems so easy to me to perseive the government as a living organism much like a very old and very crazy human being. Were I in it's position, I too would drop a brick on an ant just to make sure it was dead. You know, wouldn't want an infestation to get started.

 

[Pythaglio]

Umm...so far the gov't has upheld the fellows right to free speech. I was surpised that the Supremes took the case. Well, maybe I'm dreaming but I hope they spank that principal 9-0. Bailiff, whack his pee-pee!!

 

[CubsRule420]

It sucks that this has to happen, but at least people are willing to go to court now. Hope he wins and if he can it not only will be a victory for legalization, but also a victory in the case of free speech. Not only will lawyers be able to refer educators back to this case, but they will also feel ashamed for being idiots and causing a scene that is helping the illegal substance movement the so believe is bad. I love when stupid people find out that their stupidity has come back to bite em in the ass. Im with you all I hope this one takes a huge chunk out.

 

[One Three]

I hate it to break it to you guys, but no where in our constitution are we given absolute free speech. Our speech is only free from Congress and (by virtue of the 14th Amendment) from state legislatures.

Our speech can be (and is) censored in any non-government regulated institution. Anywhere.

 

[Pythaglio]

I'm pretty sure he means that the person to whom the free speech right inures is able to set limits on what others might say. For example, a church could throw me out if I went in with a t-shirt that said 'bong hits 4 jesus'.

Another example is an internet forum with servers in the US can ban you if they like. That's because the right of free speech belongs to them.

 

[Pythaglio]

It doesn't. At least now. Perhaps I'm mistaken, and the Court will overturn the precedent in the Fuck You case, but I doubt it. This really is a cut & dried case and I think the Court will send a strong message to quit pulling stunts like this. But wtf do I know?

 

[hossua34]

I'm pretty upset they picked up this case. In any event, I didn't know until now that the kid was standing on school grounds at the time. That could change things (I hope not).

 

[Hichhiker]

It wasn't school grounds. It was on the sidewalk on the other side of the street. Sidewalk's are considered town proporty, not school.

 

[hossua34]

It wasn't school grounds. It was on the sidewalk on the other side of the street. Sidewalk's are considered town proporty, not school.

Not necessarily -- at my old high school, for example, "school property" was legimiately recognized (by city ordinance I think) as extending accross the street and all the way to the end of the sidewalk on the other side. Students had to stand in front yards/driveways to smoke a cigarette...

Don't get me wrong, I completely support the kid's position and hope he wins. But depending on the laws, it could be a tricky case.

 

[alanwatts420]

-Sigh....... The horror of the drug war is what I see highlighted in this case.

Americans are still freaked out by Cannabis. The Pot legalization effort in Colorado failed. In Denver they are talking about banning signs held from over passes. It is about the elimination of dissent. Dubyuh lost the big election, but his Bushanistas are still out there crying against the dying of the light!!!!!

 

[JRinke]

speaking of good ole dubya, I cant wait for him to be out of office. Get a nice democrat who's all for decriminalization/legalization of marijuana. Or medical marijuana atleast. Once the public sees that this plant holds some very powerful medical uses, they'll realize its not this "evil" plant that everyone makes it out to be.

 

[Wilbur]

i have strong doubts that the dems will do much if anything in this area. i think it will remain a local issue for quite awhile. i sure hope i'm wrong.

 

[tokeabloke]

i have strong doubts that the dems will do much if anything in this area. i think it will remain a local issue for quite awhile.

I second that. Just cause they're dems doesn't mean that they are actually for the people. Government needs to be run a certain way or it just won't work and both parties work the same, it is just their campaign trails promote different opinions just for the spirit of competition. Though they do change things, just not as drastically as everyone would hope. There will always be the system of Checks and Balances. I highly doubt dems in any public office would really do much for the war on legalization/decriminalization of marijuana. I hope I'm wrong though. But that kid shouldn't be punished at all because freedom of speech is an expressed unalienable right that is laid down in the Constitution, clearly stated, yet we are denied that right everday in society.